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HomeMy WebLinkAboutRevised 10-20-21 2018-02230 CL32 Letter Oak Island Beach Nourishment ProjectDEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 20, 2021 Regulatory Division Action ID No. SAW 2018-02230 Town of Oak Island Attn: Mr. David Kelly 4601 E. Oak Island Drive Oak Island, NC 28465 Dear Mr. Kelly: Reference your application for a Department of the Army permit to expand the limits of the previously approved beach nourishment and dune building project for the Town of Oak Island in Brunswick County, North Carolina. The project site extends the distance of the previously permitted project, approximately 26,100 additional linear feet in total, with one reach extending from McGlamery St. to SE 63rd St. and a second reach starting between 7d' and 101h PL West and extending to the West End Beach Access. The beach berm will be filled to an elevation of+7' NAVD 88 with a 20:1 slope out to tie into existing grade from -1' to -9' NAVD88(MLW= -2.9' NAVD88). An engineered "starter dune" is also proposed along the majority of the expanded area with a maximum elevation ranging from +13.0" to +15.5" NAVD88, to be constructed with a 10 feet wide dune crest and with a 4:1 slope on the waterward side and a 5:1 slope on the landward side. This design advances the proposed engineered dune to (or in one area waterward of) the current MHW line along part of the project area. Anticipated fill volumes for the project would place a minimum of 15 with an average of 50 cubic yards per linear foot. As proposed a gross excavated volume of up to 1.667 million cubic yards of sand has been calculated to account for an estimated placement loss of up to 30%. A total fill volume of approximately 1,282,00 cubic yards is anticipated to be placed on the beach. It is currently estimated that 5,852,607 square feet will be filled below MHW (535,834 cu Yd). Of that material, approximately 2,150,482 square feet (191,049 cu yds) will also be located below MLW. Approximately 2,740,996 square feet (746,166 cu yds) of beach fill material will be placed above the MHW line. Approximately 93 feet of fill will be placed waterward of the current MHW line on average, with a maximum projected distance of 279 feet of fill placed below MHW. The proposal is to provide beach compatible sand from the previously permitted Jay Bird Shoals site and from a second borrow area at Central Reach Borrow Site. The Jay Bird Shoals site has been divided into three zones: Zone 1 will be excavated to a depth of -26 (+2) feet NAVD88,, Zone 2 will be excavated to a design depth of -35' (+2') NAVD88, and Zone 3's proposed dredge depth is -27' (+2') NAVD88. All targeted dredging depths will have 2 feet dredge overdepth allowance proposed for the entire borrow area. The applicant estimates the -2- volume of material available in the Jay Bird Shoals site, after accounting for material dredged during the upcoming 2020-2021 project and the dredge buffers, is approximately 2.59 million cubic yards. The proposed 180-acre Central Reach borrow area, located approximately 1.9 miles offshore of the Oak Island shoreline, is reported to contain 1.18 million cubic yards of beach compatible material. Up to 615,000 cubic yards of material is proposed to be excavated at the targeted depths. The proposed Central Reach borrow area partially overlaps the borrow area authorized for the Town of Holden Beach. The Town of Oak Island's proposed Central Reach borrow area is divided into 4 zones of varying depth, all with a proposed +2 feet overdredge allowance. Zone one will target a dredge depth of -38 NAVD88 (+2'), Zone 2 will target a depth of-39.7' (+2'), and Zones 3 and 4 will target dredge depths -37.3 (+2') and -40 (+2') NAVD88 respectively. Dredging will either be conducted via a hopper dredge, with sediment transported to offshore temporary mooring, then pumped by submerged pipeline onto the beach, or excavated by cutterhead dredge and piped directly to the beach from the borrow area. The proposed dredging associated with the project will result in impacts up to 484 acres of submerged bottom Federal waters. Up to 304 acres will be dredged at Jay Bird Shoals and the proposed Central Reach borrow area covers 180 acres. The project will result in the fill of approximately 63 acres of upper beach (above MHW) and will fill approximately 134 acres of intertidal and nearshore shallow bottom. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, PGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. -3- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Digitally signed by Greg Greg Currey Currey Date: 2021.10.20 13:54:49-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans CAMA permit CWA 401 Permit Manatee Guidelines GP 291 conditions Electronic Copies Furnished (with enclosures): Ms. Dawn York Electronic Copy Furnished (without enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Ms. Heather Coats NCDEQ/DWR; Mr. Rick Trone USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram -2- ACTION ID SAW-2018-02230 PERMIT SPECIAL CONDITIONS In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal Management CAMA Permit 31-20, Major Modification, dated April 22, 2021, and the North Carolina Division of Water Resources Individual 401 Water Quality Certification dated April 1, 2021, are incorporated as part of the Department of the Army permit. Therefore, they are not listed as special conditions but are enclosed for your convenience (Attachment E) 1. All work authorized by this permit must be performed in strict compliance with the attached Plans and Maps and Cross Sections, dated September 25, 2020, which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to these plans must be approved by the U.S. Army Corps of Engineers (USACE) prior to implementation. 2. Any work constructed under authorization of this permit shall be restricted to November 16 to April 30 of any year during the life of this authorization. No work will occur outside this time period. All activity, including mobilization efforts, is restricted from the beach prior to November 16. Upon completion of work, all equipment, including pipelines, must be removed by April 30. 3. Except as authorized by this permit or any USACE-approved modification to this permit, no excavation, dredging, filling, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, dredging or fill shall 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. 5. The Permittee shall notify the USACE in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. The contractors name, phone number, and address, including a field contact name and number must be provided to the USACE prior to construction. 6. A pre -construction meeting must be held with Wilmington District, Regulatory Division prior to conducting the work to ensure the contractor fully understands the conditions of this permit. Meeting participants may include, but are not limited to, representatives from the Corps Navigation Division, N.C. Division of Coastal Management, N.C. Division of Water Resources, N.C. Wildlife Resource Commission, U.S. Coast Guard, and U.S. Fish and Wildlife Service. 7. The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. 8. This permit does not authorize the interference with any existing or proposed Federal project, including operations of the Corps' civil works dredging and navigation projects, and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 9. Prior to the commencement of construction of the authorized dredging or other work within the right-of-way of, or in proximity to, a federally maintained navigation channel, the permittee shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington North Carolina 28403-1343, tel. 910-251-4474. 10. Activities proposed within the Corps Easements for use of Disposal Areas may require approval prior to construction. Prior to commencing work associated with improvements or disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any approvals needed to perform work within the Corps easement. 11. All material placed on the beach must be compatible and clean and free of any pollutants except in trace quantities 12. The permittee shall coordinate the placement of all dredge pipelines along the beach with the N.C. Wildlife Resources Commission. 13. All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Wilmington Regulatory Field Office, 69 Darlington Avenue Wilmington, North Carolina, 28403, and by telephone at: 910-251-4707 or 523-1151, Gregory. e.currey(a),usace.army.mil . The Permittee shall reference the following permit number, SAW-2010-01825, on all submittals. -4- Project Maintenance 14. The permittee shall ensure that an inspector is present during all beach disposal activities and immediately report to the United States Army Corps of Engineers (USACE) in the event any incompatible material is placed on the beach. During operations, material placed on the beach shall be inspected daily to ensure compatibility. On the third day of the week, a visual assessment of the material will be conducted, and the results of that assessment will be submitted to the USACE the same day. On the seventh day of the week, a detailed sediment analysis must be submitted to the USACE to further verify the material's compatibility. This analysis must include, but is not limited to, the location of the sample station or stations, shell percentage, silt/clay content, grain size, and Munsell wet color. If during the sampling process non -beach compatible material (based on grain size, color, compaction, or other sediment issues) is or has been placed on the beach, all work shall stop immediately and the USACE notified by the permittee and/or its contractor to determine the appropriate plan of action or additional monitoring measures. All sampling results will be coordinated with USFWS and NC WRC to determine compliance with the Endangered Species Act. 15. Dredging track plots for offshore work must be provided to our office twice a week to ensure work is conducted within the approved dredging limits. These track plot maps must include the location and depth of the area that has been dredged. Within 2 weeks upon completion of all dredging operations, a complete As -built survey map showing the final volume of material dredged and the dredged footprint must be submitted to the USACE. 16. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 791-4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 17. The Permittee shall monitor any dredge pipeline utilized during construction activities, in order to check for potential leaks, which may emanate from the pipeline couplings. All dredge activities will cease if leaks are found. Operations may resume upon appropriate repair of affected couplings, or other equipment. 18. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 19. As -built surveys of the beach must be provided to the USACE as they are being conducted. Final surveys must be submitted within 60 days of the completion of each nourishment event. -5- Threatened and Endangered Species 20. This Department of the Army permit does not authorize you to take a threatened and/or endangered species and/or to modify designated critical habitat, in particular the Loggerhead sea turtle (nesting and marine) (Northwest Atlantic DPS) (Caretta caretta); Green sea turtle (nesting and marine) (North Atlantic DPS) (Chelonia mydas); Hawksbill sea turtle (nesting and marine) (Eretmochelys imbricate); Leatherback sea turtle (nesting and marine) (Dermochelys coriacea); North Atlantic right whale (Eubalaena glacialis); Shortnose sturgeon (Acipenser brevirostrum); Atlantic sturgeon (Carolina DPS) (Acipenser oxyrinchus); West Indian manatee (Trichechus manatus; Piping plover (Charadrius melodus); Red knot (Calidris canutus rufa); Seabeach amaranth (Amaranthus pumilus); Piping Plover Wintering Critical Habitat; Loggerhead Marine Critical Habitat; and Loggerhead Terrestrial Critical Habitat. In order to legally take a listed species or modify a critical habitat, you shall have separate authorization under the ESA (e.g., an ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you shall comply). Listed species and designated critical habitats within the action area boundaries are under ESA purview of both the National Marine Fisheries Service Protective Resource Division (NMFS- PRD) and the U.S. Fish and Wildlife Service (USFWS). The NMFS March 26, 2020 South Atlantic Regional Biological Opinion (SARBO) for Dredging and Material Placement Activities in the Southeast United States and the August 28, 2017 North Carolina Coastal Beach Sand Placement Statewide Programmatic Biologic Opinion (SPBO) contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in each BO. Reasonable and Prudent Measures and Terms and Conditions associated with the SPBO can be found in Attachment C. The complete SARBO is available at the following website: https:Hdgm.usace.gM.mil/odess/#/technicalInfo and the complete SPBO is found at https://www.fws.gov/raleigh/pdfs/spbo.pdf. Your authorization under this permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BOs, which terms and conditions are incorporated by reference in this permit (Attachments A 2020 SARBO PDCs, Attachment C SPBO Terms and Conditions and Reasonable and Prudent Measures). Failure to comply with the terms and conditions associated with incidental take of each BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your permit. The NMFS-PRD and USFWS are the appropriate authority to determine compliance with the terms and conditions of their BOs, and with the ESA. In regard to the NMFS SARBO, the Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO Incidental Take Statement (ITS) and this permit, incidental take by the Permittee or other dredging operations within the area covered by the SARBO may result in suspension or modification of this permit by the USACE. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the USACE. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity Ira or for damages, adjustment, or other entitlement against the USACE shall arise as a result of such suspension or related action. a. The March 26, 2020 SARBO contains Project Design Criteria (PDCs) that are subject to the specific and general activities associated with the authorized project. All PDCs included in Attachment A must be adhered to and implemented. Failure to comply with all applicable project design criteria and mandatory conservation measures would constitute non-compliance with your USACE permit. Failure to comply with this permit will be the basis for suspension and revocation of this permit and may be the basis for other enforcement action. NMFS has directed that this SARBO issued to the Corps serve as the formal consultation for all projects in the area covered by the SARBO; however, where the terms and conditions of the SARBO differ from the special conditions of this permit, the special conditions of this permit will take precedence as the more stringent condition. The 2020 SARBO supersedes the 1997 SARBO, which was previously used for these projects. Please reference Section 10.1, Table 53 of the 2020 SARBO for the updated ITS allocations. 21. In the event an incidental take of any of the listed species in Special Condition 20 (above) occurs during construction, the Permittee shall contact the USACE for consultation to determine the appropriate action, including the immediate implementation of additional protective measures. The Permittee shall immediately notify the Wilmington Regulatory Field Office, Attn: Project Manager, Mr. Greg Currey, by email at_rg_egory.e.currey@usace.army.mil or by telephone at (910) 523-1151 that an incidental take has occurred. In the case of an incidental take of a sea turtle, the Sea Turtle Mortality Report will be filled out by the Observer immediately (within 6 hours) and e-mailed in pdf format to akereport.nmfsser@noaa.gov and the USACE contact listed above. 22. Temperature Monitoring: In determining potential impacts to nesting sea turtles, the temperature monitoring (in accordance with the plan dated July 19, 2021) currently in progress along the Oak Island beach must continue until Sept. 30, 2021, and then resume on May 1, 2022. For the 2022 sea turtle nesting season, temperature monitoring should be conducted from May 1 until September 30, 2022. Sites established in 2021 should be monitored again for temperature, including the control sites. Wet Munsell color should be collected at each site on a bi-weekly basis. 23. Dredging operations involving hopper dredge plants must follow the protocols outlined in the Dredge Plant Conditions disclosed in Attachment B. 24. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and b! strictly adhere to all requirements therein. The guidelines can be found at hLtps://www.fws.gov/raleigh/pdfs/manatee guidelines.pdf. Cultural Resources 25. If submerged cultural resources are encountered during the operation, work in the area shall cease immediately. For dredging operations within the 3-nautical mile limit, the USACE Wilmington District, Regulatory Division must be immediately notified so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In emergency situations, the permittee should immediately contact Mr. Nathan Henry at (910-458-9042), Fort Fisher, so that a full assessment of the artifacts can be made. Enforcement 26. 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 Wilmington Regulatory Field Office, Attn: Mr. Greg Currey, Wilmington District, U.S. Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 or at (910) 523-1151 or at Gr�ry.e.curreykusace.army.mil within 24 hours of the permittee's discovery of the violation. 27. A representative of the USACE, Regulatory Division will periodically and randomly inspect the work for compliance with these conditions. Deviations from the permitted activities and permit conditions may result in cessation of work until the problem is resolved to the satisfaction of the USACE. No claim, legal action in equity or for damages, adjustment, or other entitlement shall be asserted against the United States on account of any such required cessation or related action, by the permittee, its agents, contractors, or other representatives. 28. The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waters to its pre -project condition. Navigation 29. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or M obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. 30. The authorized project must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. Borrow Areas: Restrictions and Monitoring 31. The Central Reach borrow area is divided into four (4) zones of varying depth, all with a proposed +2 feet overdredge allowance.. Excavation must not exceed -40' NAVD 88 in Zone 1, - 39.7' NAVD 88 in Zone 2, and -39.3' and -42' NAVD 88 in Zones 3 and 4 respectively. The Jay Bird Shoals borrow area is divided into three (3 ) zones. Excavation must not exceed — 28 NAVD88 in Zone 1,-37 NAVD88 on Zone 2, and -29 NAVD88 in Zone 3. 32. The Town must monitor the permitted dredged area for sediment accumulation (infill) rates within Jay Bird Shoals, including all areas located 500 feet outside of the dredged area. A pre - dredge survey must be conducted prior to the start pf the 2021/2022 project and supplied to the Corps and the NMFS-HCD. Subsequent surveys must then be conducted at 12, 24, and 36 months from this initial survey. The Corps may require additional surveys if the Corps, in coordination with the NMFS-HCD and state agencies, determines additional surveys are needed. Sediment sampling and analysis must also be performed prior to dredging and at a 12, 24 and 36 months from the initial sampling. Surface grab samples (top 6 inches) must be taken at the 13 original vibracore locations. Sediment analyses must include a wet Munsell color, gran size analysis plus organic and calcium carbonate content. The Town must also host a meeting to brief the District, NMFS-HCD, and state agencies on the results from each survey and sampling event. These meetings should occur within 60 days of completing the surveys and sampling and focus on determining the infilling rates of the dredged areas, comparison of the material infilling the dredged areas with the material removed (including granulometry, mineralogy, and organic content), estimates of the time needed for complete infilling, and other morphological changes to the shoal. The geographic scope of the latter should, at a minimum, include the area within 500 feet of the permitted borrow area. 33. For Jay Bird Shoals, in order to avoid potential non -compatible beach material, the entire area outlined in yellow in Zone 1 in Figure 1 below is off-limits for dredging during the 2021/2022 project to avoid potential non -compatible beach material. For the area outlined in green in Zone 2 in Figure 2 (surrounding vibracore Hole JB-18), the design depth for dredging must be decreased from -35 NAVD88 to -32 NAVD88, and thus no dredging will be permissible below -34 NAVD88 with the (+2) overdepth allowance. Figure 1 IN ,we-ao v 1 13 26 �1 1 5A, w '•`"• _. -�+J[h5�'. � Le!gene [kva4laeMHAVD311 .. � � {�; •.r JB-20 M-16--15 -N--10 0-34--23 -28--27 70nS i ■ .�T..�6 ,21 —20 M -25 ,24 ,24..215 �..•. +,�- L� �•18•47 ,t2••tt i,26•,25 2999•,79 + ' • L avreS 11_19--ie t-s--M -27--2E Figure 2 127 Nrnl 0" I VIEIYh'k ry� a go �NN1•Nq a" �Nw4Nl ao{� Nam i 4 10 Oar - ,'6.8 O64 A r� t �s i4 468 41? uQ If<, t; s as • 110 air -mT za 439 r. 110 M der 4V -150 0�7 22040H -10- e } 2t 10 22BCnoo MONO 22ME 22MOU Legend Elevation (tL NAM NJ JB-18 .-10--15-20--19 .-24--23 , •28-0 2one1 .-17-4 -21--2a .-25- 24 •29--2B 2 . 2one L� -18--17 ,-2.2--21 .-20-25 •29.99--29 x L2°ne3-19••1{ -23 .•27--20 Figure 4; JBS Zone 2 Avea of AvoidanC Feet -11- EFH Nearshore Hardbottom Surveys 34. For any planned offshore dredging, all pipeline placements must be located in a manner to avoid hardbottom areas. Pipeline locations must be located via GPS and the GPS bearings must be mapped and provided to our office once placement is completed, or no later than one week after pipelines are in place. Prior to beach nourishment activity, scientific "bounce" dive surveys must be conducted within the potential hardbottom area along the identified pipeline corridors shown in permit drawings C-101 and C-102, both dated July 8, 2021. These dive surveys must identify the presence or absence of sponges, soft corals or other attached organisms. If additional pipeline corridors are needed or the pipeline placement varies from those proposed, the Corps must be notified to determine the need for additional surveys. Miscellaneous 35. In issuing this permit, the Federal Government does not assume any liability for: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public; c) Damages to other permitted or unpermitted activities or structures caused by the authorized activity; d) Design and construction deficiencies associated with the permitted work; e) Damage claims associated with any future modification, suspension, or revocation of this permit. 36. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2) weeks prior to beginning work and upon completion of work. 37. To address concerns from the United States Coast Guard: The following information must be provided 10 days prior to the commencement of dredge operations: ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE SAFE NAVIGATION ON FEDERAL WATERWAYS. 1. DATES (INCLUSIVE) OF OPERATION. 2. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY). 3. NAMES OF THE INVOLVED VESSEL(S). 4. WORKING AND STANDBY FREQUENCIES. 5. SPECIFIC LOCATION (MILE MARKER/CHANNEL). 6. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE -12- INFORMATION. WE CANNOT DIRECT THE MOVEMENTS OF VESSELS. WE URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.) Submit the information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR EMAIL NCmarineeventskuscg.mil 38. Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is required. The request will be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL CGD5Waterways@uscg.mil 39. The Permittee shall comply with all U.S. Coast Guard regulations for dredging operations. The Permittee shall contact Commander, Fifth Coast Guard District at (757) 398-6220 or CGD5Waterwaysguscg.mil at least 30 days prior to construction to request a notice in the Local Notice to Mariners. The Permittee shall notify the Corps when this coordination with the U.S. Coast Guard has commenced. 40. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at telephone, (910) 772-2200. 41. "Post and rope" structures at beach access points must include a catenary height of three (3) feet or higher. REPORTING 42. All reports and written notifications required by these permit conditions, including the CAMA permit conditions, shall be sent to the Corps c/o the following POC and address: Wilmington Regulatory Field Office, Attn: Mr. Greg Currey, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Ave., Wilmington, NC 28403, Gregory.e.currey@usace.army.mil, (910) 523-1151. 43. Along with the annual report for sea turtle nesting required in the Statewide Programmatic BO for NC Beach Sand Projects, a report summarizing temperature data and sea turtle nesting -13- success data for each year should be provided to the Corps, USFWS and NCWRC by January 31 following the nesting season. Locations of nests and false crawls should also be included. Please see the Reporting Requirements in the above listed BO. ATTACHMENT (A) (NMFS SARBO Project Design Criteria) -15- For all activities: (ED1) All personnel associated with this project shall be instructed about the potential presence of species protected under the ESA and MMPA and the appropriate protocols if they are encountered including those in the PSO conditions listed below. (ED2) All on -site project personnel are responsible for observing water -related activities for the presence of ESA -listed species. (ED3) All on -site project personnel will be informed of all ESA -listed species that may be present in the area and advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. (ED4) All on -site project personnel will be briefed that the disposal of waste materials into the marine environment is prohibited. All crew will attempt to remove and properly dispose of all marine debris discovered during dredging operations, to the maximum extent possible. All In -water Activities: (INWATERI) All work, including equipment, staging areas, and placement of materials, will be done in a manner that does not block access of ESA -listed species from moving around or past construction. (INWATER2) Equipment will be staged, placed, and moved in areas and ways that minimize effects to species and resources in the area, to the maximum extent possible. Specifically: • All vessels will preferentially follow deep -water routes (e.g., marked channels) to avoid potential groundings or damaging bottom resources whenever possible and practicable. • Barges, scows, and other similar support equipment will be positioned away from areas with sensitive bottom resources such as non -ESA -listed seagrasses, corals, and hardbottom, to the maximum extent possible. • Pipelines will be placed in areas away from bottom resources and of sufficient size or weight to prevent movement or anchored to prevent movement or the pipeline will be floated over sensitive areas. (INWATER3) All work that may generate turbidity will be completed in a way that minimizes the risk of turbidity and sedimentation to non -ESA -listed non -mobile species (e.g., non -ESA - listed corals, sponges, and other natural resources) to the maximum extent practicable. This may include selecting equipment types that minimize turbidity and positioning equipment away or downstream of non -mobile species. 111061 (INWATER4) If turbidity curtains are used, barriers will be positioned in a way that does not block species' entry to or exit from designated critical habitat and does not entrap species within the construction area or block access for them to navigate around the construction area. Project personnel must take measures to monitor for entrapped species in areas contained by turbidity curtains and allow access for them to escape if spotted. (INWATER5) If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup buoy lines, or for turbidity curtains): • In -water lines (rope, chain, and cable) will be stiff, taut, non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in -water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all instances, no excess line is allowed in the water. • All lines or cables will be immediately removed upon project completion. • All in -water lines and materials will be monitored regularly to ensure nothing has become entangled. • Cables or lines with loops used to move pipelines or buoys will not be left in the water unattended. All Dredging: (STURGEON2) Dredging operations, including related equipment, and projects conducted by other entities in the vicinity will not block more than 50% of the sturgeon river width to allow safe passage of sturgeon. Hopper Dredging: (HOPPERI) During all hopper dredging operations, NMFS-approved Protected Species Observers (PSOs) will monitor for the presence of ESA -listed species. The dredge operator will maintain a safe working environment for the PSO to access and effectively monitor inflow screening, overflow screening, and dragheads for incidental take of ESA -listed species and associated bycatch after every load. All new hopper dredge vessels or modifications made to existing vessels must be designed to allow safe access to and/or visibility of all collected material in both the inflow box and overflow screening areas so that the PSO is able to inspect the contents after every load for evidence of ESA -listed species. The appointed contact (e.g., Quality -17- Assurance Representative or the Contractor) will immediately notify the USACE who will notify the SARBO Team if conditions limit the ability to safely monitor dredging operations. Draghead Observation: Upon completion of each load cycle, dragheads will be monitored as the draghead is lifted from the sea floor and placed on the saddle in order to assure that ESA listed species that may be impinged within the draghead are observed and accounted for. The PSO, or designated dredge crew member under the guidance and supervision of the PSO when safety is of concern, must physically inspect dragheads for evidence of ESA -listed species take after every load. Inflow screening Observation: • Inflow screening must be designed to capture and retain material for the PSO to monitor for the presence of ESA -listed species. The screened area must be accessible to the PSO to ensure 100% observer coverage. The PSO must inspect the contents of all inflow screening boxes after every load, including opening the box (where applicable and safely accessible) and looking inside at all contents for evidence of ESA -listed species entrainment. If the contents are not clearly visible and identifiable from a location outside of the box, then in limited instances, the PSO may be required to enter the inflow box to identify contents for evidence of ESA -listed species take. • All hopper dredges are required to have 100% inflow screening unless they must be removed for safety due to clogging as outlined below. • Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the inflow for the presence of ESA -listed species or if clogging reduces dredging production and thereby expands the time dredging is required. Scenarios that may result in the clogging of inflow and overflow screens are dredge and project specific. • All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE and/or BOEM project managers, and NMFS. The USACE and/or BOEM will provide NMFS with a notification when screen sizes are increased, or inflow screens are removed that will include an explanation of what attempts were made to reduce the clogging problem, how long the problem may persist, and how effective overflow screening will be achieved. • If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to clogging, the USACE and/or BOEM will continue to reevaluate the risk of clogging on a load by load basis and the inflow screens will be reinstated when clogging is no longer occurring. The USACE will track the number of loads that inflow screens were removed as part of the reporting requirements. • Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to inspection by the PSO for evidence of ESA -listed take. IMM • If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or flushed unless overflow screening that captures contents for observation by the PSO is operational and monitored for evidence of take. Once overflow screening is operational, PSOs shall also visually monitor box contents as they are dumped or flushed into the hopper. Overflow Screening Observations: • All hopper dredges are recommended to have operational overflow screening and monitor for take after each load. Overflow screening is required to be installed and monitored after each load if the inflow screening is removed or bypassed due to clogging. • Overflow screening must be designed to capture and retain material larger than the screen size for the PSO to monitor for the presence of ESA -listed species. The screened area must be accessible to the PSO to inspect for evidence of ESA -listed species take. • Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the screen for the presence of ESA -listed species or if clogging reduces dredging production and thereby expands the time dredging is required. All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE and/or BOEM project managers, and NMFS. If screen sizes are increased due to clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch) when clogging is no longer occurring. (HOPPER2) To prevent impingement or entrainment of ESA -listed species within the water column, dredging pumps will be disengaged by the operator when the dragheads are not actively dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged but result in no suction passing through the draghead. This dredge modification (when employed) is commonly referred to as a turtle bypass valve. This precaution is especially important during the cleanup phase of navigation dredging operations to remove remaining high spots or when a shallow veneer of compatible sediment remains within a borrow area; thus limiting overdepth dredging and plowing efficacy of the turtle deflector. In these example circumstances, the draghead may frequently come off the bottom and can suck in turtles/sturgeon resting or foraging in shallow depressions. (HOPPER3) Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pump out area. The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable. (HOPPER4) All waterport or other openings on the hopper dredge are required to be screened to prevent ESA -listed species from entering the dredge. 110 (HOPPERS) A state-of-the-art solid -faced deflector that is attached to the draghead must be used on all hopper dredges at all times. Munitions and Explosive Screening (MEC2) The PSO will be required to inspect the draghead MEC screens after every load to verify that no ESA -listed species are impinged on the screening. (MEC3) If MEC screening is used, screening will be monitored and USACE (and/or BOEM) will be notified of any potential ESA -listed species takes identified in the beach outflow screening box. PSO and Reporting: (OBSERVE I) For generally stationary construction with work contained to a specific project area, such as mechanical dredging equipment: • All personnel working on the project will report ESA -listed species observed in the area to the on -site crew member in charge of operations. • Operations of moving equipment will cease if an ESA -listed species is observed within 150 ft of operations by any personnel working on a project covered under this Opinion (e.g., sea turtles, sturgeon, elasmobranchs [giant manta ray, scalloped hammerhead shark, oceanic white tip shark] or ESA -listed marine mammal). • Activities will not resume until the ESA -listed species has departed the project area of its own volition (e.g., species was observed departing or 20 minutes have passed since the animal was last seen in the area). (OBSERVE2) For a vessel underway, such as a hopper dredge or support vessel, traveling within or between operations must follow speed and distance requirements, defined below, while ensuring vessel safety: • All personnel working onboard will report ESA -listed species observed in the area to the vessel captain. • If an ESA -listed species is spotted within the vessel's path, initiate evasive maneuvers to avoid collision. (OBSERVE4) Any collision(s) with an ESA -listed species must be immediately reported to the USACE according to their internal protocol and to NMFS consistent with the reporting requirements listed below in Take reporting Requirements "Pages 25 & 26 below). A vessel ►.12 collision with an ESA -listed species is counted as take for the project. In addition, reports of certain species shall also be reported as listed below. A link to the most current contact information will also be available at (SERODredge(d),noaa. gov). • Sea turtle take will also be reported to the appropriate state species representative (hM2s://www. fisheries.noaa. ,gov/state-coordinators-sea-turtlestranding-and-salvage- network). (OBSERVES) Any collision with a marine mammal will be reported immediately to the Southeast Regional Marine Mammal Stranding hotline at 1-877-WHALE-HELP (1-877-942- 5343). All handling, tagging, and/or genetic sampling of ESA -listed species captured will be conducted by a PSO that meets the qualifications provided by NMFS. (PSO I) Protected Species Training and Experience: PSOs selected to work on will meet the following requirements: • PSOs will meet the training and experience requirements outlined by NMFS. PSO qualifications are confirmed by the NMFS Greater Atlantic Region Office, as defined on their website (hM2s://www.fisheries.noaa.gov/new-england-mid-atlantic/careersand- opportunities/protected-species-observers) for endangered species observers. A link to the current NMFS PSO qualifications will also be available on the NMFS SARBO webpage (SERODredgegnoaa. _gov). • PSOs will be trained and have experience to operate on the specific equipment they are aboard (e.g., hopper dredge, relocation trawler, G&G survey vessel). PSO will have training and/or experience to identify and handle all species that may occur in the geographic area of the project. • PSO will be trained to safely install the specific tags being used and or collect genetic samples. • ESA -listed species -specific safe handling procedures, tagging procedures, and genetic sampling procedures must be followed, as outlined in these PSO conditions. The most current procedures will be available on the NMFS SARBO webpage (SERODredge@noaa.gov). The PSO must carry a copy of the PSO PDCs and all other applicable PDCs while on the vessel for easy reference. • The 2020 SARBO serves as the authority for the PSO to handle, tag, and genetic sample ESA -listed species for those projects. -21- (PSO2) To minimize the risk of vessel collisions, a PSO trained in species observation is also responsible for monitoring for the presence of ESA -listed species when the vessel is in motion and must therefore have the training and experience needed to identifying ESA -listed species and marine mammals in their natural environment. PSOs working on a relocation trawler or hopper dredge. The PSO is also responsible for all other duties outlined in the conditions described for hopper dredging. If an ESA -listed species is observed injured or dead during other forms of dredging or material placement, this guidance also applies (e.g., observed during beach sand placement, in an upland disposal area, and while mechanical or cutterhead dredging). (PSO3) PSOs coverage requirements are required to monitor for ESA -listed species as described below. PSOs on any project will not be assigned any other task (i.e., captain or other vessel crew position or task) while performing the role of PSO: • Hopper dredging: • More than 1 PSO will be aboard the hopper dredge at all times. • The PSO on -duty is responsible for personally monitoring, handling, and reporting all captured ESA -listed species at all times when the hopper dredge is operating and follow the requirements of this Opinion including the hopper dredging PDCs in Appendix B, Section 3. • The PSOs will stand watch to detect ESA -listed species in the area and to alert the captain of their presence to avoid vessel collision whenever the vessel is moving. The on -duty PSO will only be responsible for standing watch and not performing other tasks such as inspecting or handling captures when the vessel is in motion. (PSO4) Reporting Captures to NMFS: All nonlethal captures and dead ESA -listed species observed or collected during a project will be recorded and reported to NMFS according to the procedures outlined in the 2020 SARBO. The captures will be recorded as follows: • Nonlethal take: • ESA -listed species captured and released back into the wild alive and healthy, will be considered nonlethal take. • If a sea turtle is entrained in a hopper dredge and is retrieved alive, the specialist such as a state sea turtle coordinator or sea turtle rehabilitation center specialist must be contacted to determine how the turtle should be handled (e.g., euthanized or taken to a rehabilitation facility). The take for a live turtle entrained in a hopper dredge is considered lethal until deemed healthy after an evaluation or rehabilitation and released back into the wild, then the take can be revised to be nonlethal. -22- • If a sea turtle is captured in relocation trawling and is deemed unhealthy or injured and requires being sent to a specialist for further evaluation, the take is considered nonlethal, unless the species cannot be released back into the wild or dies, in which case the take must be updated to a lethal take. • Lethal take: All ESA -listed species that are captured that are determined to be fresh dead, will be considered lethal take associated with the project and counted under the total allowed take for the 2020 SARBO. This includes the capture of ESA -listed species in relocation trawling or found within the project area including material removal and material placement areas. An explanation of how to determine if a species is fresh dead or decomposed and how to handle and report the specimen is provided in PSO PDC Section 4 below. • Recovered dead: All ESA -listed species captured or observed in the project area that are decomposing will be considered a recovered specimen and will not be counted against the 2020 SARBO Incidental Take Statement. An explanation of how to determine if a species is fresh dead or decomposed and how to handle and report the specimen is provided in attached document titled Decomposition Examples. • Report captures to other agencies: Sea turtles: All captures will be reported to the appropriate state species representative including live, fresh dead, and recovered dead (https://www. fisheries.noaa. aov/state-coordinators-sea-turtle-strandingand- salvage-network). Giant manta ray will be reported to manta.rayAnoaa.gov. (PSO5) Photo Documentation: Photograph all captured ESA -listed species for identification purposes and classify sex where applicable (e.g., sea turtles). In addition, take photographs of all injuries to ESA -listed species and provide a high -resolution digital image with the take reporting forms as part of the reporting requirements, as follows: • All injured, deceased, or otherwise debilitated sea turtles encountered during the course of dredging operations, whether intact, damaged, or partial remains, are thoroughly photographed. • All surfaces should be clearly represented in the photos with both wide vantage and close-up images that portray any injuries and postmortem condition (if deceased). • Minimally, this includes multiple images of the dorsal (top) and ventral(bottom) aspects of each specimen taken from different angles and perspectives. • An identification placard and scale should appear in the images but should not obscure the specimen, injury, or specific area of interest. The identification placard will include the location of capture, date, time, and species. In addition, the time settings on the camera should be current so that the time stamp within the photo metadata is accurate. -23- • For any live capture that is injured or otherwise debilitated and will be taken to a rehabilitation facility, photographs can be delayed in order to minimize stress and risk of further injury prior to veterinary examination. • For deceased specimens, photos will be taken within 2 hours following discovery so that postmortem state in the images accurately portrays the condition at the time of discovery. (PS06) Written Documentation: Document all relevant details of the capture according to the reporting requirements listed below in Take Reporting Requirements, (Pages 25 &26 (e.g., species, size, sex, condition upon release, location of capture, and time of capture) that can be observed or measured by the PSO without causing harm to the animal. (PS07) Tagging: Nonlethal captures of ESA -listed species will be tagged according to the following requirements. Tagging requirements only apply to those ESA -listed species that are brought aboard a relocation trawler or those captured and ultimately released alive from a hopper dredge after being evaluated by a specialist and/or rehabilitated. • Scanning: All ESA -listed species (live and dead) and/or species parts captured by a hopper dredge or brought aboard a relocation trawler will be scanned for passive integrated transponder (PIT) tags to determine if the animal has been previously tagged. The presence of any external tags (e.g., flipper tags, dart tags) will also be noted. All previous tag numbers must be recorded and reported on the appropriate forms outlined for each species in the attached document titled Species Handling, Tagging and Genetic Sampling. • Tagging: All ESA -listed species captured alive and in good health by a hopper dredge or brought aboard a relocation trawler that are scanned and lack a previous pit tag, will be PIT tagged according to the specific species procedures identified in the attached document titled Species Handling, Tagging and Genetic Sampling. Additional external tags (e.g., flipper tags) are optional. The cost associated with tagging is the responsibility of the federal action agency overseeing the project (i.e., USACE or BOEM) or the company awarded the contract. (PS08) Genetic Sampling: All nonlethal and lethal captures of ESA -listed species will have genetic samples taken except: • Live ESA -listed species that are not brought aboard a relocation trawler (PSO PDC Section 3.2). • Any leatherback sea turtles, even if brought aboard the vessel to untangle and safely release. • Any shortnose sturgeon. -24- • If the PSO believes that collecting a sample would imperil human or animal safety. The rationale for this decision will be recorded on the species observation form and available digitally as part of the reporting requirements. (PSO 9) Genetic samples will be collected according to the handling procedures defined for each species in the attached document title Species Handling, Tagging, and Genetic Sampling. A tissue sample will be collected from any dead ESA -listed species. If multiple dead animal parts are found, a sample will be collected from all parts that are not connected to one another regardless of whether the tissues are believed to be from the same turtle. For example, if part of a sea turtle flipper and a detached head are found at the same time, a sample from each part will be collected for genetic analysis. • All genetic samples will be preserved in RNAlatefrm preservative. Once the sample is in buffer solution, refrigeration/freezing is not required, but care should be taken not to expose the sample to excessive heat or sunlight. Label each sample with the animal's unique identification number (PIT tag number). Since giant mantas will not be pit tagged, label any samples collected with the date, project name, and species name. Do not use glass vials; a 2-millimeter screw top plastic vial is preferred (e.g., MidWest Scientific AVFS2002 and AVC 100N). Gently shake the sample to ensure the solution covers the entire sample. • Genetic samples will be mailed to the addresses listed below with information provided in the container stating the sample was collected under the 2020 SARBO (Project name, SARBO SER-2008-05934). Package the genetic samples with an absorbent material within a double -sealed container (e.g., zip lock bag). If more than 1 sample is being sent to an address, package all of the samples together. The cost associated with taking the sample and delivering it to the appropriate entity listed below is the responsibility of the federal action agency overseeing the project (i.e., USACE or BOEM) or the company awarded the contract. o Sea turtles: Sea Turtle Program NOAA Southeast Fisheries Science Center Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. Contact number: 305-361-4212 Lisa.Belskis(c�r�,noaa.gov o Sturgeon: Geological Survey Leetown Science Center, Attention Robin Johnson, Aquatic Ecology Branch, 11649 Leetown Road, Kearneysville, West Virginia 25430. o Elasmobranchs: NOAA Southeast Fisheries Science Center, Attention Dr. John Carlson, National Marine Fisheries Service, Panama City Laboratory, 3500 Delwood Beach Rd, Panama City, Florida, 32408). -25- (PSO10) Atlantic Sturgeon Genetic Sampling Testing Requirements: • The permittee is responsible for the cost to analyze/test genetic samples from Atlantic sturgeon captured to determine the DPS of Atlantic sturgeon captured (live and dead captures). • Atlantic sturgeon genetic samples will be recorded on and submitted with the Sturgeon Genetic Sample Submission spreadsheet available on the NMFS dredging webpage https://www.fisheries.noaa.gov/content/southeast-dredging. This form should indicate in the "comment field" if the Atlantic sturgeon was previously PIT tagged. A copy of that reporting spreadsheet will also be sent to NMFS (takereport.nmfsser&noaa.gov), the genetic sampling address in PDC PSO.8 above along with the sample, and to mike_ mangoldkfws. gov. PSO handling of ESA -listed species captured during relocation trawling, including a flow chart summarizing how to handle different species and text describing the general handling guidance, the order to release species if multiple ESA -listed species are captured in trawling, and where they should be released. (PSO16) Dead ESA -listed species collected within the area of work will be rated as fresh dead or decomposed and documented as described in PSO4 (Page 20 above). The determination of a specimen's condition (fresh dead or decomposed) is as follows: • Decomposed specimens are those that exhibit obvious bloating (expansion of the body or tissues by putrefactive gases); detachment of skin upon handling; or liquefaction of organs and tissues. Examples of decomposition in sea turtles are provided in the attached document titled Decomposition Examples. Foul odor alone is not considered definitive evidence of decomposition. • If it is not clear whether the specimen is fresh dead or decomposed, the specimen will be retained for further examination by an individual that has demonstrated expertise in sea turtle necropsy and forensic pathology. Such examinations typically include complete gross examination and selective histopathology, depending on postmortem condition. Individuals that will conduct examinations should be identified prior to the onset of dredging operations along with the necessary logistical planning for transportation and storage needs. The associated stranding coordinator for the state or region of the operation may be able to advise or assist in this regard as such needs are regularly required during stranding response. NMFS retains the right to review evidence or seek the opinion of an expert if a take determined to be decomposed should have been listed as fresh take and take associated with the project. ►Wei (PSO 18) Dead ESA -listed species and species parts that need further examination by a specialist to determine the cause of death will be refrigerated, iced, or frozen as soon as possible, (must be iced or frozen no more than 2 hours from discovery). The timeline from discovery to transfer for examination, including ambient temperature, must be thoroughly documented. Whether the carcass/part is refrigerated or frozen will depend on predetermined logistical parameters for a given project. In general, a carcass/part may be kept refrigerated or iced, but not frozen if it will be examined within 48 hours. Remains may be frozen if examination will be delayed or maintaining refrigeration is not possible for any reason. • Dead turtles: Follow the protocol outlined on the Protocol for Collecting Tissue From Dead Turtles for Genetic Analysis (https:Hdgm.usace.gM.mil/odess/documents/geneticsampleprotocol.p D. If a revised document is released, the PSO is required to follow the revised protocols. This document and any revisions will also be available on the NMFS dredging webpage (hl�2s://www.fisheries.noaa.gov/content/southeast-dredging). • Dead sturgeon specimens will be reported to 1-844-STURG911 (1-844-788-7491) and via the Sturgeon Salvage Form (available on our Dredging website at: hgps://www.fisheries.noaa.gov/content/southeast-dredging). In addition, a fin clip and a fin ray will be collected in accordance with the Genetic Sampling Collection Requirements described in (PSO3) above the genetic submission form (available on our Dredging website at: https://www.fisheries.noaa.gov/content/southeast-dredging). • Dead elasmobranchs specimens will be stored as described in PSO16 above until advised how to dispose of or provide to Dr. John Carlson, NOAA Fisheries, Panama City Laboratory at 1-850-234-6541 x 221. Take Reporting Requirements The following details will be reported when take occurs associated with this project. This required information applies to lethal and nonlethal take of all species. The following information will be provided to the USACE and NMFS: 1. Location of take (latitude and longitude if possible or estimated based on the portion of project where work is occurring such as a specific portion of an entrance channel, pass, or borrow site) 2. Tow number when take occurred during relocation trawling or dredge load number if take occurred during hopper dredging. 3. Protected Species Observer/s that observed and handled the take: Observer name/company and contact information. 4. Species take must be tracked by total number (e.g., 3 loggerhead sea turtles). Atlantic sturgeon must be reported by District Population Segment (DPS). Project take details can initially state Atlantic sturgeon DPS unknown, but must be updated to known DPS when the genetic sample is processed, which will occur within 1 year of take. If the observed remains of a sea turtle cannot be identified by species, recording the take as unknown sea turtle is appropriate. Unknown sturgeon will require genetic testing to determine if it was an identifiable DPS of Atlantic sturgeon. -27- 5. Previous animal identification/tracking tag information (internal and external tags), if any. 6. New passive integrated transponder (PIT) Tag information, if inserted according to the PSO conditions. 7. Genetic sample collected, if applicable under PSO conditions. 8. Age class of species take based on size (e.g., juvenile, adult). 9. Specimen Condition (e.g., alive, fresh dead, or decomposed. While decomposed animals are not counted as take associated with the project, they will still be recorded and reported with the project take. 10. Final disposition (e.g., released at site, relocated, rehabilitation and outcome once known, necropsy, disposal). 11. Species gender (if known). 12. Species size/length. 13. Beaufort state at the time of take. 14. Water temperature at the time of take -recorded at the water's surface in marine environments and at the bottom in estuarine and riverine environments. 15. Notes about species condition: Any additional relevant information regarding take of ESA - listed species including turtles with Fibropapillomatosis disease, previous wounds, or multiple ESA -listed species captured in same net. 16. Notes about site condition anomalies: Any observations by PSO or crew that may lead to increased captures or deposition of capture including presence of other species like cannonball jelly fish or regional conditions such as large storm or dramatic change in temperature like a recent cold snap. 17. If the take occurred during hopper dredging: a) List the location where take was identified (e.g., draghead, inflow box, overflow box). b) Provide the screening in place at the time of take. Were both inflow and overflow screening used? List the size of screening used for both. c) State if UXO/MEC screening was installed at time of take.