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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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)
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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
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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.
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(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.
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• 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.
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• 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.