127-23 USACE Permit SAW-2022-01501 02/2024

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 20, 2024
Regulatory Division
Action ID. SAW-2022-01501
Dare County
Attn: Mr. Robert Outten
954 Marshall C. Collins Drive
Manteo, North Carolina 27954
Dear Mr. Outten:
In accordance with your written request of May 31, 2022, and the ensuing administrative
record, enclosed is a Department of the Army permit to perform maintenance dredging
within federally authorized navigation channels 4A, 4B, 5-17 Extension, 14A, 14B, 14C
and Old House Range 2 as well as increase capacity for management of dredged
material including the creation of a new bird island, the use of the nearshore disposal
site off Pea Island, and the disposal of material within deep scour holes west of the
Basnight Bridge Dare County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit.
If any change in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important.
Your failure to comply with these conditions could result in a violation of Federal law.
Certain significant general conditions require that:
a. You must complete construction before January 30, 2029.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. Josh Pelletier
at the Washington Regulatory Field Office, telephone [phone], or via email at
Josh. [e-mail]. mi1.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web site at
http://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
and completing the survey on-line. We value your comments and appreciate your

taking the time to complete a survey each time you interact with our office.
FOR THE DISTRICT COMMANDER
Sincerely,
c•-Y+�-� 04 ^
James Lastinger
Field Office Chief
Washington Regulatory Field Office
Enclosures:
Department of the Army Permit
Special Conditions
Plans

DEPARTMENT OF THE ARMY PERMIT
Permittee: Mr. Robert Outten, Dare County
Permit No. SAW-2022-01501
Issuing Office: CESAW-RG-W
NOTE: The term "you" and its derivatives, as used in this permit, means the Permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below
Project Description: To perform maintenance dredging within federal navigation channels 4A, 4B, 5-17
Extension, 14A, 14B, 14C and Old House Range 2 as well as increase capacity for management of
dredged material including the creation of a new bird island, the use of the nearshore disposal site
off Pea Island, and the disposal of material within deep scour holes west of the Basnight Bridge
Dare County, North Carolina..
Project Location: The proposed project is located within portions of the Roanoke and Pamlico Sound
in Dare County, North Carolina. The area spans approximately 19 miles from north to south and
bisects the mainland to the west and the barrier islands, namely Bodie Island and Pea Island to the
east. The northern extent of the project area is located between the towns of Manteo and Nags Head
while the southern portion is located between Stumpy Point and Pea Island.
General Conditions
1. The time limit for completing the work authorized ends on January 30, 2029. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Registerof Historic
Places.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the 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 activities undertaken by or on behalf of
the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your sig tore ow, as Perm ittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
ZII�1Z�f
(PE IIIlTTEE) Mr. Robert Outten, Dare County (DATE)
Th7w4-r^"
rmit becomes a tive when the Federal official, designated to act for the Secretary of the Army, has signed below.
February 20, 2024
t,KOR THE CO ANDER (DATE)
Brad A. Morgan, District Commander
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRAWERE E)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Dare County, Attn: Bobby Outten
File Number: SAW-2022-
�0115011
Date: February
20, 2024
Attached is.
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission
A
X
PROFFERED PERMIT Standard Permit or Letter of permission
B
PERMIT DENIAL WITHOUT PREJUDICE
C
PERMIT DENIAL WITH PREJUDICE
D
APPROVED JURISDICTIONAL DETERMINATION
E
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at https://www.usace.army.mil/Missions/Civil-
Works/Regulatory-Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the

division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the
Corps within 60 days of the date of this notice means that you accept the approved JD in its
entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision
If you have questions regarding the appeal
you may contact:
process, or to submit your request for appeal, you
may contact:
Mr. Josh Pelletier
Krista Sabin
Washington Regulatory Field Office
Regulatory Appeals Review Officer
2407 West 5th Street
South Atlantic Division
Washington, NC 27889
60 Forsyth St SW, Floor M9
910-251-4605
Atlanta, Georgia 30303-8803
krista.d.sabinkusace.army.mil
904 314-9631
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
opportunity to participate in all site investigations.

Signature of appellant or agent.
Date:
Email address of appellant and/or agent:
Telephone number:

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of
Coastal Management Permit # 01-24 and the North Carolina Division of Water
Resources 401 Water Quality Certification DWR# 20190264 v 4 are incorporated as
part of the Department of the Army permit. Therefore, they are not listed as special
conditions.
WORK LIMITS
1. All work authorized by this permit must be performed in strict
compliance with the attached plans entitled Central Dare County
Dredge Material Maintenance Project, North Channels dated 9 May
2022, which are a part of this permit. Any modification to these plans
must be approved by the U.S. Army Corps of Engineers (USACE) prior
to implementation.
2. All maintenance dredging authorized by this permit must be performed
by the Miss Katie, a similar modified hopper, or the USACE fleet of
special purpose dredges. Construction of a new disposal island will be
constructed using a cutterhead pipeline. All work conducted by
dredges other than the Miss Katie or the USACE dredge fleet shall
comply with the NMFS March 26, 2020 South Atlantic Regional
Biological Opinion (SARBO) for Dredging and Material Placement
Activities in the Southeast United States which can be found here:
https://www.fisheries.noaa.gov/content/endangered-species-act-
section-7-biological-opinions-southeast . Failure to comply with all
applicable project design criteria and mandatory conservation
measures would constitute non-compliance with your USACE permit.
Authorized dredge depth limits are as follows:
a) for Manteo (Shallowbag) Bay Project Ranges 5-17, including 14A,
14B, 14C, Range 17 Extension and Old House Channel Ranges 1-2
the depths shall not exceed-14MLLW (-12 ft MLLW plus 2 ft over
depth).
b) for Ranges 4A and 4B, the depth shall not exceed -12 ft MLLW (-10
ft MLLW with 2 ft over depth). All ranges are authorized with a width
not to exceed 100 ft.
3. All dredged material must be placed in the approved nearshore
placement site off Pea Island in -11 MLLW to-18MLLW depths,

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
designated deep scour hole areas or placement on the newly created
bird island as depicted on pages 3-7 of the attached plan(s) entitled
Central Dare County Dredge Material Maintenance Project, Southern
Federal Channels dated 31 May 2022.
4. Unauthorized Dredge and/or Fill: Except as authorized by this permit or
any USACE approved modification to this permit, no excavation, fill, or
mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands.
This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside
the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
5. Preconstruction Meeting: The Permittee shall schedule and a
preconstruction meeting between its representatives, the contractor's
representatives and the USACE prior to undertaking any work within
jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the
Department of the Army permit. The Permittee shall contact the
USACE, Regulatory Division, Washington Regulatory Field Office, c/o
Mr. Josh Pelletier, 2407 W. Fifth Street, Washington, North Carolina,
27889, and by telephone at: [phone] or email
josh.r.pelletier(a-)usace.army. mil a minimum of thirty (30) days in
advance of the scheduled meeting in order to provide that individual
with ample opportunity to schedule and participate in the required
meeting. Meeting participants may include, but are not limited to, the
U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries
Service (NMFS), N.C. Division of Coastal Management, (NCDCM)
N.C. Division of Water Resources (DWR), N.C. Wildlife Resource
Commission (NCWRC), and the U.S. Coast Guard (USCG).
6. The Permittee shall conduct a quarterly meeting between its
representatives, the contractor's representatives and the USACE.
Meeting participants may include, but are not limited to, the U.S. Fish
and Wildlife Service (USFWS), National Marine Fisheries Service
(NMFS), N.C. Division of Coastal Management, (NCDCM) N.C.
Division of Water Resources (DWR), and the N.C. Wildlife Resource
Commission (NCWRC). The Permittee shall contact the USACE a
minimum of thirty (30) days in advance of the scheduled meeting in
order to provide that individual with ample opportunity to scheduled
and participate in the required meeting. The thirty (30) day
requirement can be waived with the concurrence of the Corps.

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
7. Permit Distribution: 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. Before each quarterly dredging period, the Permittee shall conduct a
bathymetric survey to determine depths within the dredge corridor for
the channel. This survey will be coordinated with the Wilmington
District Navigation Section, prior to commencement of dredging. All
correspondence related to the Wilmington District Navigation Section
will be coordinated through the address below:
Mr. Todd Horton
Chief of Navigation Wilmington District
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
[phone] Office
[e-mail]
9. Notification of Construction Commencement and Completion: The
Permittee shall notify the U.S. Army Corps of Engineers 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 any inspectors contact
name and phone number must be provided to the Wilmington District
prior to any work.
10. The Permittee shall comply with all U.S. Coast Guard regulations for
dredging operations. The Permittee shall contact Commander, Fifth
Coast Guard District at 757- 398-6220 or [e-mail]
at least 30 days prior to construction to request a notice in the Local
Notice to Mariners. The Permittee shall notify the U.S. Army Corps of
Engineers, Regulatory Division, Washington Regulatory Field Office,
Attn: Mr. Josh Pelletier, 2407 West 5th Street, Washington, North
Carolina, 27889, and by telephone at: [phone] or email
[e-mail] when this coordination with the U.S.
Coast Guard has commenced.
11. Reporting Address: All reports, documentation, and correspondence
required by the conditions of this permit shall be submitted to the

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
following: U.S. Army Corps of Engineers, Regulatory Division,
Washington Regulatory Field Office, c/o Mr. Josh Pelletier, 2407 W.
Fifth Street, Washington, North Carolina, 27889, and by telephone at:
[phone]. The Permittee shall reference the following permit
number, SAW-2022-01501 on all submittals.
12. Permit Revocation: The Permittees, upon receipt of a notice of
revocation of this permit or upon its expiration before completion of the
work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre -project condition.
13. Reporting Violations: 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 and by telephone at: (910)
251-4605 / Josh. [e-mail]. miI within 24 hours of the
Permittee's discovery of the violation.
RELATED LAWS
14. Water Contamination: All mechanized equipment will be regularly
inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other
hazardous waste, the Permittee shall immediately report it to the N.C.
Division of Water Quality at [phone] or [phone] and
provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
15. CZMA: The Permittee shall fully abide by all conditions of the CAMA
Major Development Permit # 127-23 issued on 1 November 2023, by
the North Carolina Division of Coastal Management, which are
incorporated herein by reference.
16. Clean Fill: The Permittee shall use only clean fill material for this
project. The fill material shall be free of items such as trash,
construction debris, metal and plastic products, and concrete block
with exposed metal reinforcement bars. Soils used for fill shall not be
contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by
this permit, all fill material placed in waters or wetlands shall be
generated from an upland source.
17. Sediment and Erosion Control: The Permittee shall employ all

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
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).
18. National Historic Preservation Act: The Permittee shall follow any
protocol set forth by the SHPO regarding avoidance of buffer areas
identified in the Phase 1 Remote -Sensing Archaeological Survey. In
the event that any project activities expose prehistoric or historic
cultural material not identified during the survey, the hauling company
under contract to the Permittee shall immediately cease operations in
that vicinity and notify the respective point of contact of the Permittee
and the North Carolina SHPO of State Archaeology- Underwater
Branch (910-458-9042) Notification shall address the exact location,
where possible, the nature of material exposed by the project activities,
and options for immediate archaeological inspection and assessment
of the site.
ENDANGERED SPECIES
19. 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); 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) 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 include mandatory terms and

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
conditions to implement the reasonable and prudent measures that are
associated with "incidental take" that is also specified in each BO. The
complete SARBO is available at the following website:
https://dqm. usace.army. mil/odess/#/technical I nfo.
20. The Permittee shall immediately notify the USACE Regulatory Project
Manager that an incidental take has occurred. The USACE Regulatory
Project Manager responsible for this project is Mr. Josh Pelletier who
may be contacted at the Washington Regulatory Field Office, 2407 W.
5th Street, Washington, North Carolina, 27889, by telephone at (910)
251-4605, or e-mail [e-mail] . Dredging
operations shall immediately cease upon incidental take of any sea
turtle species or Atlantic Sturgeon until the District Commander, or his
designee, notifies the Permittee to resume dredging. The Sea Turtle or
Atlantic sturgeon incidental take data form will be filled out by the
Observer within 6 hours of the take event and e-mailed in pdf format to
[e-mail] and the USACE Regulatory Project
Manager.
21. In order to protect the endangered West Indian manatee (Trichechus
manatus) the Permittee shall implement the U.S. Fish and Wildlife
Service's Manatee Guidelines, and strictly adhere to all requirements
therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/manatee_guidelines.pdf.
22. The Permittee shall implement all necessary measures to ensure the
authorized activity does not kill, injure, capture, harass, or otherwise
harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or
observes an injured or dead threatened or endangered species, the
U.S. Army Corps of Engineers, Wilmington District Washington Field
Office, Attn: Josh Pelletier at [phone], or
Josh. [e-mail]. miI will be immediately notified to initiate
the required Federal coordination.
NAVIGATION
23. This permit does not authorize the interference with any existing or
proposed Federal project, and the Permittee will not be entitled to
compensation for damage or injury to the authorized structure or work
which may be caused from existing or future operations undertaken by
the United States in the public interest. No attempt will be made by the
Permittee to prevent the full and free use by the public of all navigable

Special Conditions
Dare County Northern Channel Maintenance Dredging
Action ID SAW-2022-01501
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.
24. 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.
25. The Permittee must install and maintain, at its expense, any signal
lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, on all authorized facilities constructed within
navigable waters of the United States.
SECTION 10
26. 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
waterway to its former conditions. If the Permittee fails to comply with
this direction, the Secretary or his representative may restore the
waterway, by contract or otherwise, and recover the cost from the
Permittee.
27. The Permittee understands and agrees that, if future operations by the
United States require the removal, relocation, or other alteration, of the
structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure
or work shall cause unreasonable obstruction to the free navigation of
the navigable waters, the Permittee will be required, upon due notice
from the U.S. Army Corps of Engineers, to remove, relocate, or alter
the structural work or obstructions caused thereby, without expense to
the United States. No claim shall be made against the United States on
account of any such removal, relocation, or alteration. 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 weeks prior to beginning work and upon completion

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Action ID SAW-2022-01501
of work.
28. The authorized fill and associated activity 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 reasons other than safety.
EXCAVATION/DREDGING
29. The Permittee shall implement the DQM system during dredging and
dredged material placement. The Permittee's DQM system must be
certified by the DQM Support Center within one calendar year prior to
the initiation of the dredging/placement. Questions regarding
certification should be addressed to the DQM Support Center at 877-
840-8024. Additional information about the DQM System can be found
at http://dgm.usace.army.mi1/. The Permittee is responsible for
ensuring that the DQM system is operational throughout the dredging
and placement project and that project data are submitted in
accordance with the specifications provided at the aforementioned
website. In the event the DQM system becomes inoperable, dredging
activities will cease and the Permittee must contact the U.S. Army
Corps of Engineers, Regulatory Division, Washington Regulatory Field
Office, Attn: Mr. Josh Pelletier, 2407 West 5th Fifth Street,
Washington, North Carolina, 27889, and by telephone at: (910) 251-
4605. Dredging shall not commence until the system has been
repaired and verified by the DQM support center and the Regulatory
Project Manager notified. The data collected by the DQM system shall,
upon request, be made available to the Regulatory Division of the U.S.
Army Corps of Engineers, Wilmington District.
30. The Permittee shall comply with the NMFS March 26, 2020 South
Atlantic Regional Biological Opinion (SARBO) for Dredging and
Material Placement Activities in the Southeast United States which can
be found here: https://www.fisheries.noaa.gov/content/endangered-
species-act-section-7-biological-opinions-southeast . 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 USACE
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

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Action ID SAW-2022-01501
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.
31. Vessels operating under this authorization shall operate at speeds
of 1 to 3 knots with draghead size ranging from 2 feet by 2 feet to
2 feet by 3 feet. Draghead pumps will operate at an average of
horsepower and will not exceed 400-horsepower.
a. The Permittee shall ensure that baskets or screening is installed over
the hopper inflow(s) and openings range from 5 inches by 5 inches to 5
inches by 8 inches. The method selected shall depend on the
construction of the dredge used and shall be approved by the Corps
prior to commencement of dredging. The screening shall provide 100%
screening of the hopper inflow(s). The screens and/or baskets shall
remain in place throughout the performance of the work.
b. The drag head shall be buried a minimum of 6 inches in the sediment at
all times. Although the over depth prism is not the required dredging
prism, the Permittee shall achieve the required prism by removing the
material from the allowable over depth prism.
c. The Permittee shall not raise the drag head off the bottom to increase
suction. The primary adjustment for providing additional mixing water to
the suction line should be through water ports. To ensure that suction
velocities do not drop below appropriate levels, the Permittee shall
monitor production meters throughout the job and adjust primarily the
number and opening sizes of water ports. Water port openings on top of
the drag head or on raised standpipes above the drag head shall be
screened before they are utilized on the dredging project. If a dredge
section includes sandy shoals on one end of tract line and mud
sediments on the other end of the tract line, the equipment shall be
adjusted to eliminate drag head pick-ups to clear the suction line.
d. During turning operations, the pumps must either be shut off or
reduced in speed to the point where no suction velocity or vacuum
exists.
e. When initiating dredging, suction through the drag heads shall be
allowed just long enough to prime the pumps, and then the drag heads
must be placed firmly on the bottom. When lifting the drag heads from
the bottom, suction through the drag heads shall be allowed just long
enough to clear the lines, and then must cease. Pumping water

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through the drag heads shall cease while maneuvering or during travel
to/from the placement area. If the required dredging section includes
compacted fine sands or stiff clays, a properly configured arrangement
of teeth may enhance dredge efficiency, which reduces total dredging
hours, and "turtle takes." The operation of a drag head with teeth must
be monitored for each dredged section to ensure that excessive
material is not forced into the suction line. When excess high -density
material enters the suction line, suction velocities drop to extremely
low levels causing conditions for plugging of the suction pipe. Dredge
operators should configure and operate their equipment to eliminate all
low-level suction velocities. Pipe plugging cannot be corrected by
raising the drag head off the bottom. Arrangements of teeth and/or the
reconfiguration of teeth should be made during the dredging process to
optimize the suction velocities.
32. That the Permittee understands and agrees that prior to placing any
material in open water for the creation of a disposal/bird island, the
Permittee shall schedule a preconstruction meeting between its
representatives, the contractor's representatives, and the Corps. The
Permittee shall contact Mr. Josh Pelletier at
josh.r.pelletierCcDusace.army. mil or [phone]) as well as sending
a request either separately or via copy to , 2407 W. Fifth Street,
Washington, North Carolina, 27889 at least thirty (30) days in advance
of the desired meeting date to provide adequate time for scheduling
and participation of any requisite resource agencies. Meeting
participants may include, but are not limited to, the U.S. Fish and
Wildlife Service (USFWS), National Marine Fisheries Service (NMFS),
N.C. Division of Coastal Management, (NCDCM) N.C. Division of
Water Resources (DWR), N.C. Wildlife Resource Commission
(NCWRC), the U.S. Coast Guard (USCG) and USACE Navigation.
33. No material will be placed above MLLW on existing disposal/bird
islands between 1 April through 31 August to avoid impacts to birds or
their habitat.
34. No material will be placed above mean low water (MLLW) except for
bird island creation (MLW) to avoid impacts to the federally listed
Seabeach amaranth (Amarantlrns pumilus), Piping Plover (Charadrius
melodus), Red Knot (Calidris cal rntus rufa), Green sea turtle
(Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata),
Kemp's ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle
(Dermochelys coriacea) and Loggerhead sea turtle (Caretta caretta)

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and their habitat. No material will be placed above MLLW inside
designated piping plover critical habitat.
35. If a sea turtle is observed within 100 yards (yd) of construction
operations, all appropriate precautions shall be implemented to ensure
protection of the species, including cessation of operation if an animal
moves within 50 feet (ft) of any moving equipment. Additionally, the
conditions require avoiding collisions with swimming sea turtles,
monitoring of siltation barriers for entanglement, operation at "no
wake/idle" speeds in the construction area, and reporting any collision
with and/or injury to a sea turtle to NMFS's Protected Resources
Division and the local sea turtle stranding/rescue organization.
36. The Permittee shall not place material in the designated Deep Scour
Disposal Areas in a manner that results in a post -disposal elevation of
-14 ft MLLW or higher in order to minimize the potential for such
material to be subsequently transported to nearby federal channels.
For every dredging event that will involve placement of any material in
a designated Deep Scour Disposal Area, the Permittee shall provide
before- and after- survey data of all Deep Scour Disposal Areas to be
utilized to the Wilmington District's Navigation Branch, Mr. Todd Horton
at [phone], or email at [e-mail] as
well as to the Regulatory Project Manager, Mr. Josh Pelletier at the
Washington Regulatory Field Office, 2407 W. 5th Street, Washington,
North Carolina, 27889, by telephone at [phone], or e-mail
[e-mail] . The Permittee shall be responsible
for the timely removal of any placed material to be above the elevation
of -14 ft MLLW according to the survey data. Removal of all excess
material may be accomplished utilizing the Miss Katie or similar
dredge.
37. Prior to undertaking any spoil placement activities within deep scour
holes adjacent to the Basnight Bridge, the Permittee shall conduct a
bathymetric survey to determine the depth and exact location of the
deep scour holes. The survey must be coordinated with the U.S. Army
Corps of Engineers, Wilmington District Washington Field Office, Attn:
Josh Pelletier at [phone], or [e-mail]
prior to any placement event.
38. At least two weeks prior initiating the work authorized by this permit,
the Permittee shall submit a completed "SARBO Pre -Construction
Notification" form to the following emails:
[e-mail] and [e-mail].
The checklist must be completed using the form function (i.e., do not

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Action ID SAW-2022-01501
handwrite or create text boxes). Upon receipt of the notification form,
you will receive a list of the USACE primary points of contact for
reporting turtle take/incidents. If the permit authorizes multiple work
events, the Permittee must submit the SARBO Pre -Construction
Notification prior to each event.
39. Within 30 days of each completed dredging quarter, the Permittee shall
submit a completed "SARBO Post -Construction Notification" form to
the following emails: [e-mail] and
[e-mail]. The checklist must be completed using the
form function (i.e., do not handwrite or create text boxes).
40. The contractor is required to participate in the Right Whale Early
Warning System to protect North Atlantic right whales. If a right whale
or any other species of whale is reported within the area, then the
contractor will be required to follow the enclosed NMFS's Southeast
Region Vessel Strike Avoidance Measures and Reporting for Mariners
(revised February 2008) (Appendix B), except where specific
measures below are in conflict, in which case the measures in this
Opinion govern (e.g., a speed restriction to a maximum of 10 knots (kt)
at all times in right whale calving areas [i.e., federally -protected areas
off the southeastern U.S. coast designated and implemented for the
protection of right whales and their calves during their calving/migration
season] for vessels 65 ft in length or greater). By law, vessels shall
maintain a 500-yd buffer between the vessel and any North Atlantic
right whale [as required by federal regulation 50 CFR 224.103 (c)].
41. In order to avoid use of outdated forms, the Permittee is directed to the
following website for forms and attachments required under this permit.
Links to these forms are under the heading Turtle Information,
http://dgm.usace.army.miI/odess/#/download , (List of forms required
under this permit include: Sea Turtle/Pre and Post -Hopper Dredging
Project Checklist, Endangered Species Observer Program Forms and
Sea Turtle Trawling Report).