Loading...
HomeMy WebLinkAbout14-02 MM 21' February 1, 2021 Mr. Fran Way Applied Technology & Management 941 Houston Northcutt Blvd., Suite 201 Mt. Pleasant, SC 29464 Dear Mr. Way: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the Town of Holden Beach, for State approval to modify and reauthorize the Town of Holden Beach’s beach nourishment permit from McGlamery St to SE 63rd St. and between 7th/10th PL W to the West End Beach Access, in Holden Beach, Brunswick County, and adjacent to the Atlantic Ocean. It was received as complete on 1/11/21 and appears to be adequate for processing at this time. The projected deadline for making a decision is 3/27/21. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 1/11/21 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the applicant and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post copies of this notice at a conspicuous point along the project area where it can be observed by the public. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Heather Coats Beach & Inlet Management Project Coordinator cc: MHC Files, DCM David Hewitt, Town of Holden Beach Greg Currey, COE Robb Mairs, DWR DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT l. APPLICANT’S NAME: Town of Holden Beach- Major Modification of Permit No. 14-02 2. LOCATION OF PROJECT SITE: The project site is located on Holden Beach, from 262 Ocean Blvd E to 871 Ocean Blvd West, Brunswick County Approximate State Plane Coordinates – Approx. Lat: 33°54'51.45" N (start)/ 33°54'27.35" N (end) Long: 78°15'11.46"W (start)/ 78°19'53.52"W (end) 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit – 9/15/20 Was Applicant Present – No 5. PROCESSING PROCEDURE: Application Received (complete) –1/11/21 Office – Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan – Town of Holden Beach (B) AEC(s) Involved: OH, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing – Municipal Sewer Planned - N/A (F) Type of Structures: Existing – Primarily residential structures and accessways Planned – Beach renourishment project (G) Estimated Annual Rate of Erosion: ~0.5’-5.5’/year SBF: 2’-4’/year 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal) (B) Other (Below MHW) Up to 590.3 acres ~ 172.9 acres (C) Other (Above MHW) ~44.6 acres (H) Total Area Disturbed: ~217.5 acres of beach fill Primary Nursery Area: No (I) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is requesting reauthorization of the Town’s beach nourishment project to include approximately 24,000’ of shoreline from Ocean Blvd E between Ave. B and McCray Street to Ocean Blvd W just east of Swordfish Drive. Town of Holden Beach Nourishment- Major Modification #14-02 Page Two 9. PROJECT DESCRIPTION: The Town of Holden Beach is a south facing barrier island in Brunswick County between Lockwoods Folly Inlet and the Town of Oak Island to the east, and Shallotte Inlet and the Town of Ocean Isle Beach to the west. The Town of Holden Beach is approximately 8 miles in total length. It is also bordered by the Atlantic Intracoastal Waterway (AIWW) to the north and the Atlantic Ocean to the south. The island is accessed via a bridge on the eastern half of the island. This is a proposed modification to the Town’s State CAMA/Dredge & Fill Permit No. 14-02 which was originally issued in 2002 and subsequently renewed and modified numerous times over the years (USACE AID #s: SAW 2005-00935, SAW-2012-00286, SAW-2013-02016; and DWR Project #2001- 1836). A major modification was last issued in 2012 authorizing beach nourishment with excavation from the Central Reach borrow area. The project was constructed in 2017 after Hurricane Matthew and placed approximately 1.7 million cubic yards (Mcy) of material along the Town’s beachfront. The long-term erosion rate for the proposed project area ranges from approximately 0.5’-5.5’/year. The Division’s calculated 100-year storm recession line for the island was predicted to range from 180-330’. In the 2012 major modification application, the permittee identified a ~590 acre borrow site off Oak Island and southeast of Holden Beach to supply sand for the project, referred to as Central Reach. Sediments collected via Vibracore samples within the borrow site were calculated at a composite mean grain size of 0.35mm. Gravel sized material (≥4.76mm) was reported at a weighted average composition of 2.1% with granular material calculated at 3.5% and fines (<0.0625 mm) at 5% overall. Calcium carbonate was calculated at 12.4%. No archeological resources were identified in the borrow area. Dredge depth was authorized at a 3.5’ cut, at an approximate maximum depth (elevation) of -40’ NGVD29. It was estimated that the borrow area contained up to 3.34 Mcy of beach-compatible material at a 3.5’ cut. The previously permitted placement area extended from 262 Ocean Blvd East to 871 Ocean Blvd West (24,000 feet). The beach fill template included berm fill to an elevation of +7’ NGVD 29 with a 15:1 slope out to tie into existing grade from approximately -5’ to -8’ NGVD 29. Dune construction was also proposed to “repair/enhance” the existing frontal dune with the engineered dune construction to tie into a maximum elevation of +9.5’ NGVD29, with a typical dune crest of 25’ in width. The project narrative stated that dune planting was also proposed. An anticipated fill placement volume of approximately 1.31 Mcy was calculated in the application, with final fill volume, location and distribution to be determined at time of construction based on pre-construction beach surveys. The native beach was previously partially characterized prior to past projects using data collected by the US Army Corps of Engineers. Fines were calculated at 2%, with mean grain size calculated at 0.24mm. Calcium carbonate was estimated at 6% and gravel was estimated at 0.6%. The count of shell and rock material greater than 3” in size does not appear to have been determined previously, but will be required prior to any future construction. The waters in the project area fall within the Lumber River Basin, as classified by the NC Division of Water Resources (DWR). The waters of the Atlantic Ocean are classified as SB by the DWR. The NC Division of Marine Fisheries has NOT designated any of the areas to be impacted as a Primary Nursery Area, and there are no foreseen significant impacts to shellfish resources at this time. Town of Holden Beach Nourishment- Major Modification #14-02 Page Three PROPOSED PROJECT: The applicant is proposing to reauthorize the limits of the previously permitted beach nourishment for the Town of Holden Beach. The project site extends approximately 23,970 linear feet in total, starting to the east at a point between Avenue B and McCray Street (262 Ocean Blvd E) and extending west to a point just east of Swordfish Drive (871 Ocean Blvd W). The primary beach berm would be filled to an elevation of +7’ NGVD 29 with a 15: 1 slope out to tie into existing grade from approximately -3’ to -10’ NGVD29 (MLW= -2.9’ NGVD 29). The primary berm width ranges from 26’ to 226’ in width. A secondary berm is proposed at an elevation of +10’ NGVD 29 with a 3:1 slope to the primary berm elevation. The secondary berm would be constructed to tie into the existing +10’ NGVD 29 elevation. Anticipated fill volumes for the initial project range from 22.5-91.9 cubic yards per linear foot. As proposed, a gross excavated volume of up to 1.8 million cubic yards (mcy) of sand has been calculated to account for anticipated placement losses. A total fill volume of approximately 1.51 mcy is anticipated to be placed on the beach, given current conditions. It is currently estimated that 172.9 acres would be filled below MHW (1.2 million cubic yards). Approximately 44.6 acres (310,000 cubic yards) of beach fill material would be placed above the MHW line. The application states the purpose of the project is to maintain a healthy beach by restoring it to pre- Florence and Michael conditions. Planting of dune vegetation is also proposed primarily landward of the secondary berm (except for some overlapping areas between Stations 40+00 through 74+00, as shown on Sheets 4-6) and planting would be located immediately waterward of existing dune vegetation. The applicant is proposing to use the remaining material from an undredged section of the Central Reach site, as well as also requesting to allow dredging from a second borrow area west of the Central Reach site. The remaining 108-acre Central Reach borrow area (Borrow Area 1), located approximately 1.9 miles offshore of the Oak Island shoreline and about 5 miles from the eastern extent of the nourishment area. It falls within the eastern extent of the overall Central Reach borrow site and the remaining (previously permitted, but undredged) area is reported to contain 844,690 cubic yards of beach-compatible material remaining within the targeted dredge depths. The remaining Central Reach borrow area significantly overlaps the westernmost portion of the borrow area currently proposed for the Town of Oak Island (State Permit #31-20, SAW 2018-02230 and DWR Project #2018-1344). The Town of Holden Beach’s Central Reach borrow area is divided into 3 zones of varying depth, with no proposed overdredge allowance. Borrow Area 1 would target a dredge depth of -41’ NAVD 88, Zone 2 would target a depth of -42’ NAVD 88, and Zones 3 would target a dredge depth of -43’ NAVD 88. Vibracores originally taken from the proposed Central Reach borrow area show a mean grain size of 0.32mm with an average composite sand content of 88.5%. The average composite gravel content for material within proposed dredge depths in this borrow area is 1.7%, the average granular content of 3.1%, average fines content is 6.7% and average calcium carbonate is 11.2%. Munsell colors for samples taken in the borrow area were originally reported as predominantly 5Y-4/1 with samples ranging in value from 3-5. All samples appear to have been evaluated while dry at that time (see granularmetric reports in Attachment D). In response to concerns expressed at the scoping meeting regarding sediment color, wet Munsell colors were reevaluated and recorded for the remaining Vibracore logs more recently in November 2020, as stated in the notes for Table 1 of Attachment D. The application also states that the sediment color for the remainder of Borrow Area A is consistent with the material that was previously dredged and placed on the beach during the last project. Town of Holden Beach Nourishment- Major Modification #14-02 Page Four No cultural resources were identified in the archeological assessment previously performed and included in the 2012 major modification for the Central Reach borrow area (see Attachment D). The proposed secondary borrow area (Borrow Area 2) is a new 482-acre site located to the west of the Central Reach site and approximately 2-3 miles south of Holden Beach. Existing elevations in the borrow area range from -35’ to -40’ NAVD 88 and the proposed dredge cut is less than 3.5’. The Borrow Area is divided into 5 areas, which would be dredged to elevations ranging from 39.5’ NAVD 99 at the northern end of the borrow area to -41.5’ NAVD 88 at the southern end of the borrow area (See Sheets 27 and 28 of the project plans). The volume of beach-compatible sand within the proposed dredge dimensions is estimated to be up to 1.87 million cubic yards. The applicant notes that this volume assumes 100% recoverability, which is not feasible due to technical constraints. Composites of vibracore samples taken report a mean grain size of 0.40mm with 2.0% gravel, 3.0% granular material, 1.9% fines and 19.7% calcium carbonate. The only Munsell colors reported for the samples (see Granularmetric Reports in Attachment D) appear to have been evaluated while dry A Phase 1 Remote-Sensing Submerged Cultural Resource Survey and Hard Bottom Perimeter Buffer report of Borrow Area 2 was conducted in 2020 by Tidewater Atlantic Research, Inc. and is also included in Attachment D. No cultural resources or hard bottom areas were identified within the survey area. Dredging would be conducted via a hopper dredge, with sediment transported to offshore temporary mooring, then pumped by submerged pipeline onto the beach. 10. ANTICIPATED IMPACTS The proposed dredging associated with the project would result in impacts to up to 590.25 acres of submerged bottom state waters. Up to 108.25 acres would be dredged at the Central Reach borrow area (Borrow Area 1) and up to an additional 482 acres would be dredged at Borrow Area 2. The project would result in the fill of approximately 44.6 acres of upper beach (above MHW) and would fill approximately 172.9 acres of intertidal area and nearshore shallow bottom. The dredging and beach fill would result in temporary increases in turbidity. Temporary impacts to benthic and invertebrate infaunal communities can be expected. The applicant states they anticipate limiting all dredging to the hopper dredge window from December 1 to March 31 with 3-4 months of construction estimated, thereby avoiding peak periods of biological activity. The applicant has also committed to utilizing existing permanent beach accessways with heavy equipment. The narrative also states the project minimizes impacts by remaining within the area that has previously been nourishment, by avoiding established vegetation with pipeline and beach fill placement, by including a 500-meter buffer around the borrow areas to protect hardbottom or habitat in the vicinity of the borrow areas, by utilizing construction and monitoring methodologies that minimize potential impacts to sea turtles and screening for larger rock/materials offshore on the dredge so it does not reach the beach- as addressed in Section 4 of the project narrative (Impact Avoidance and Mitigation). Submitted by: Heather Coats Date: January 19, 2021 Office: Wilmington March 30, 2021 Mr. Fran Way ATM 941 Houston Northcutt Blvd., Suite 201 Mt. Pleasant, 29464 Email: fway@appliedtm.com Dear Mr. Way: This letter is with reference to your application for a Major Modification of Coastal Area Management Act Major Development and State Dredge and Fill Permit No. 14-02, acting as agent for the Town of Holden Beach, to undertake beach nourishment development activities at Holden Beach, in and adjacent to the Atlantic Ocean, in Brunswick County. Additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make June 10, 2021, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Beach & Inlet Management Project Coordinator cc: Wilmington/MHC Files David Hewitt, Town of Holden Beach Robb Mairs, DWR Greg Currey, USACE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 30, 2021 Regulatory Division Action ID No. SAW 2005-00935-010 Town of Holden Beach Attn: Mr. David Hewitt 110 Rothschild Street Holden Beach, NC 28462 Dear Mr. Hewitt: Reference your application for a Department of the Army permit to reauthorize the limits of the previously permitted beach nourishment (completed in 2017) for the Town of Holden Beach. The project site extends approximately 23,970 linear feet in total, starting to the east at a point between Avenue B and McCray Street (262 Ocean Blvd E) and extending west to a point just east of Swordfish Drive (871 Ocean Blvd W). The primary beach berm would be filled to an elevation of+7' NGVD 29 with a 15: 1 slope out to tie into existing grade from approximately-3' to -10' NGVD29 (ML W= -2.9' NGVD 29). The primary berm ranges from 26' to 226' in width. A secondary berm is proposed to blend in with the existing upper beach berm at an elevation of + 10' NGVD 29 with a 3: 1 slope to the primary berm elevation. The secondary berm would be constructed to tie into the existing+ 1 O' NGVD 29 elevation. The secondary berm feature will be constructed seaward of the existing dune and upper beach. Anticipated fill volumes for the initial project range from 22.5 to 91.9 cubic yards per linear foot. As proposed, a gross excavated volume of up to 1.8 million cubic yards (mcy) of sand has been calculated to account for anticipated placement losses. A total fill volume of approximately 1.51 mcy is anticipated to be placed on the beach, given current conditions. It is currently estimated that 172.9 acres would be filled below MHW (1.2 million cubic yards). Approximately 44.6 acres (310,000 cubic yards) of beach fill material would be placed above the MHW line. The proposal is to use the remaining material from an un-dredged section of the Central Reach Site (Borrow Area 1) as a borrow area for the beach sand material, as well as a second borrow area west of the Central Reach site (Borrow Area 2). The remaining 108-acre Central Reach borrow area (Borrow Area 1 ) is located approximately 1.9 miles offshore of the Oak Island shoreline and about 5 miles from the eastern extent of the nourishment area. It falls within the eastern extent of the overall Central Reach borrow site and the remaining (previously permitted, but undredged) -2- area is reported to contain 844,690 cubic yards of beach-compatible material remaining within the targeted dredge depths. The Town of Holden Beach's Central Reach borrow area is divided into 3 zones of varying depth, with no proposed overdredge allowance. Borrow Area 1 would target a dredge depth of -41' NAVD 88, Zone 2 would target a depth of -42' NAVD 88, and Zones 3 would target a dredge depth of -43' NAVD 88. The proposed secondary borrow area (Borrow Area 2) is a new 482-acre site located to the west of the Central Reach site and approximately 2-3 miles south of Holden Beach. Existing elevations in the borrow area range from -35' to -40' NAVD 88 and the proposed dredge cut is less than 3.5'. The Borrow Area is divided into 5 areas, which would be dredged to elevations ranging from -39.5' NAVD 99 at the northern end of the borrow area to -41.5' NAVD 88 at the southern end of the borrow area. The volume of beach-compatible sand within the proposed dredge dimensions is estimated to be up to 1.87 million cubic yards. Dredging would be conducted via a hopper dredge, with sediment transported to offshore temporary mooring, then pumped by submerged pipeline onto the beach. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, PGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. -3- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans CAMA permit Manatee Guidelines GP 291 conditions Electronic Copies Furnished (with enclosures): Mr. Francis Way (Applied Technology and Management) 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. Paul Wojoski USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram ACTION ID SAW-2005-00935 PERMIT SPECIAL CONDITIONS This Permit authorizes impacts associated with the dredging of Central Reach Borrow Area (Borrow Area 1) and Borrow Area 2 and the disposal of dredged material on the shoreline of Holden Beach. In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal Management CAMA Permit 14-02, Major Modification, dated May 10, 2021, and the North Carolina Division of Water Resources 401 Water Quality General Certification No. 4175, 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 D) 1. All work authorized by this permit must be performed in strict compliance with the attached Plans, Maps and Cross Sections, dated November 18, 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- 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 and inlet shorelines 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. 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. 14. 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@usace.army.mil . The Permittee shall reference the following permit number, SAW-2010-01825, on all submittals. Project Maintenance 15. The permittee shall ensure that an inspector is present during all beach disposal activities and immediately report to the 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 not limited to, the location of the sample station, shell percentage, silt/clay content, grain size, and color. If during the sampling process non-beach compatible material 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. 16. Dredging track plots, for both offshore and inlet 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. 17. 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. 18. 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. 19. 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). 20. 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. Threatened and Endangered Species 21. 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) 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) 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 B. The complete SARBO is available at the following website: https://dqm.usace.army.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 B 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 and USFWS are the appropriate authority to determine compliance with the terms and conditions of their BOs, and with the ESA. In regards 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 Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action. 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 E 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. 22. In the event an incidental take of any of the listed species in Special Condition 21 (above) occurs during construction, the Permittee shall stop all dredging and/or beach fill operations and contact the Corps 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 gregory.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 Corps contact listed above. 23. Dredging operations involving hopper dredge plants must follow the protocols outlined in the Dredge Plant Conditions disclosed in Attachment C. 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 strictly adhere to all requirements therein. The guidelines can be found at https://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 Gregory.e.currey@usace.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 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. Miscellaneous 31. 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. 32. 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. 33. 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 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 NCmarineevents@uscg.mil 34. 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 35. 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 CGD5Waterways@uscg.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. 36. 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. 37. The Central Reach borrow area (Borrow Area 1) is divided into 3 zones of varying depth, with no proposed overdredge allowance. Excavation must not exceed -41' NAVD 88 in Zone 1, - 42' NAVD 88 in Zone 2, and -43' NAVD 88 in Zone 3. The Borrow Area 2 is divided into 5 areas, which would be dredged to elevations ranging from 39.5' NAVD 99 at the northern end of the borrow area to -41.5' NAVD 88 at the southern end of the borrow area. Excavation must not exceed -41.5' NAVD 88. REPORTING 38. 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. ATTACHMENT (A) (NMFS SARBO Project Design Criteria) 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: (INWATER1) 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. (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: (HOPPER1) 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 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. • 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. (HOPPER5) 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: (OBSERVE1) 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 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@noaa.gov). • Sea turtle take will also be reported to the appropriate state species representative (https://www.fisheries.noaa.gov/state-coordinators-sea-turtlestranding-and-salvage- network). (OBSERVE5) 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. (PSO1) 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 (https://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 (SERODredge@noaa.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. (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. • 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.gov/state-coordinators-sea-turtle-strandingand- salvage-network). • Giant manta ray will be reported to manta.ray@noaa.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. • 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. (PSO6) 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. (PSO7) 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. (PSO8) 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. • 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 RNAlater™ 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 AVC100N). 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@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). (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_mangold@fws.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. (PSO18) 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://dqm.usace.army.mil/odess/documents/geneticsampleprotocol.pdf). 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 (https://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: https://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. 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. ATTACHMENT B USFWS STATEWIDE PROGRAMMATIC BIOLOGICAL OPINION REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS NORTH CAROLINA STATEWIDE PROGRAMMATIC BIOLOGICAL OPINION (SPBO) BEACH SAND PLACEMENT August 28, 2017 INTRODUCTION A biological opinion (BO) is the document that states the opinion of the U.S. Fish and Wildlife Service (Service) as to whether a federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of designated critical habitat. This BO addresses piping plover (Charadrius melodus melodus), red knot (Calidris canutus rufa), seabeach amaranth (Amaranthus pumilus), and the loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), green (Chelonia mydas), hawksbill (Eretmochelys imbricata), and Kemp’s ridley sea turtles (Lepidochelys kempii). Designated critical habitat for wintering piping plovers and terrestrial critical habitat for loggerhead sea turtles is also addressed. The BO evaluates the effects of the Action along with those resulting from interrelated and interdependent actions, and from non-federal actions unrelated to the proposed Action (cumulative effects), relative to the status of the species and the status of the critical habitat to arrive at a Service opinion that the proposed action is or isn’t likely to jeopardize species or adversely modify critical habitat. Jeopardize the continued existence of means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR §402.02). Destruction or adverse modification of designated critical habitat means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features (50 CFR §402.02). The entire SPBO can be accessed at http://www.fws.gov/raleigh/pdfs/spbo.pdf . Below are following Reasonable and Pruden Measures and Terms and Conditions of the SPBO: REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS The Service believes the following reasonable and prudent measures (RPMs) are necessary and appropriate to minimize take of piping plovers, red knots, seabeach amaranth, and sea turtles in the Action Area for the following sand placement activities: A. Sand placement from beach nourishment activities; and B. Sand placement from navigation channel maintenance. If unable to comply with the RPMs and Terms and Conditions, the Corps, as the regulatory authority or construction agent may: 1. Inform the Service why the RPM or Term and Condition is not reasonable and prudent for the specific project or activity and request exception under the SPBO; or 2. Initiate consultation with the Service for the specific project or activity. The Service may respond by either of the following: 1. Allowing an exception to the Terms and Conditions under the SPBO; or 2. Recommending or accepting initiation of consultation (if initiated by the Corps) for the specific project or activity. REASONABLE AND PRUDENT MEASURES for: A. Projects that include sand placement from beach nourishment activities, primarily for shore protection (these projects are usually larger scaled) shall include the following measures: Post-construction requirements are listed in Reasonable and Prudent Measures A.13, A.16, A.17, A.18, A.19, and A.21. These post-construction requirements may be subject to congressional authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Reasonable and Prudent Measures, the Corps must reinitiate consultation. RPMs – All Species A.1. Conservation Measures included in the Corps’ Programmatic Biological Assessment (PBA) that address protection of nesting sea turtles, piping plovers, red knots, and seabeach amaranth shall be implemented in the Corps federally authorized project or regulated activity. If a RPM and Term and Condition address the same requirement, the requirements of the RPM and Term and Condition take precedence over the Conservation Measure. A.2. The Corps will notify the Service of the commencement of projects that utilize this SPBO for the purposes of tracking incidental take of all species. A.3. For the life of the project, all sand placement activities above MHW must be conducted within the winter work window (November 16 to April 30). A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be removed from the beach to the maximum extent possible. A.5. During construction, trash and food items shall be disposed of properly either in predator-proof receptacles, or in receptacles that are emptied each night to minimize the potential for attracting predators of piping plovers, red knots, and sea turtles. A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC. Pipeline placement coordination may be accomplished through the permit application or Corps’ contract processes utilizing appropriate GIS tools. A.7. Access points for construction vehicles should be as close to the project site as possible. Construction vehicle travel down the beach should be limited to the maximum extent possible. A.8. A meeting between representatives of the Permittee or Corps, the Service, NCWRC, and NCDCM, must be held prior to the commencement of work on each project. A.9. The Corps shall facilitate an annual meeting with the Service to assess the effectiveness of the protection and minimization measures outlined in this SPBO. RPMs - Piping Plovers and Red Knots A.10. All personnel involved in the construction or sand placement process along the beach shall be aware of the potential presence of piping plovers and red knots. Before start of work each morning, a visual survey must be conducted in the area of work for that day, to determine if piping plovers and red knots are present. A.11. If project-related activities will potentially adversely affect nesting shorebirds or active nesting habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors within the project area, then the Corps or Permittee must contact the Service and NCWRC as soon as possible. A.12. If project activities will be conducted in Optimal Piping Plover Areas (defined in Terms and Conditions A.13 and A.14), the Corps or the Permittee shall clearly delineate work areas within the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and access points. Disturbance outside those delineated work areas must be limited to the maximum extent possible, thereby minimizing effects to sandy unvegetated habitat within the project footprint. A.13. If project activities will be conducted in Optimal Piping Plover Areas (defined in Term and ConditionsA.13 and A.14), the Corps, the Permittee, or the local sponsor shall provide the mechanisms necessary to monitor impacts to the piping plovers from the project for two years post-construction. RPMs – Loggerhead, Green, Leatherback, Hawksbill, and Kemp’s Ridley Sea Turtles A.14. Only beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling emergence (defined in Term and Condition A.18) shall be used for sand placement. A.15. During dredging operations, material placed on the beach shall be qualitatively inspected daily to ensure compatibility. If the inspection process finds that a significant amount of non-beach compatible material is on or has been placed on the beach, all work shall stop immediately and the NCDCM and the Corps will be notified by the Permittee or Corps to determine the appropriate plan of action. A.16. Sea turtle nesting surveys must be conducted within the project area between May 1 and November 15 of each year, for at least two consecutive nesting seasons after completion, if the sand remains on the beach. Acquisition of readily available sea turtle nesting data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable. A.17. Visual surveys for escarpments along the Action Area must be made immediately after completion of sand placement, and within 30 days prior to May 1, for two subsequent years after any construction or sand placement event. A.18. Sand compaction must be qualitatively evaluated at least twice after each sand placement event. Sand compaction must be inspected in the project area immediately after completion of any sand placement event and one time after project completion between October 1 and May 1. A.19. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken, must be submitted to the Service following completion of work for each year when a sand placement activity has occurred. A.20. If a dune system is part of the project design, the placement and design of the dune must be coordinated with the Service. RPMs – Seabeach Amaranth A.21. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring program. TERMS AND CONDITIONS FOR: A. Sand placement from beach nourishment activities All conservation measures described in the Corps’ Programmatic Biological Assessment are hereby incorporated by reference as Terms and Conditions within this document pursuant to 50 CFR §402.14(I) with the addition of the following Terms and Conditions. In order to be exempt from the prohibitions of section 9 of the Act, the Corps shall comply with the following Terms and Conditions, which implement the Reasonable and Prudent Measures, described above and outline reporting/monitoring requirements. These terms and conditions are non-discretionary. Post-construction requirements are listed in Terms and Conditions A.13, A.14, A.17, A.18, A.19, A.20, A.22, A.23, A.24, A.25, and A.26. These post-construction requirements may be subject to congressional authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Terms and Conditions, the Corps must reinitiate consultation. Terms and Conditions – All Species A.1. Conservation Measures included in the Corps’ PBA that address protection of nesting sea turtles, piping plover, red knot, and seabeach amaranth listed on pages 10-11 of the SPBO shall be implemented in the Corps federally authorized project or regulated activity. A.2. The Corps or the Permittee must provide the following information to the Service at least 10 business days prior to the commencement of work: a) Project location (include latitude and longitude coordinates, as well as mile markers, cross streets, or street addresses if available); b) Project description (including linear feet of beach, actual fill template, access points, and borrow areas); and c) Anticipated date of commencement and anticipated duration of construction. A.3. For the life of the permit/project, all sand placement activities above MHW must be conducted within the winter work window (November 16 to April 30), unless a variance is approved after additional consultation with the Service. A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be removed from the beach to the maximum extent possible. If debris removal activities take place during shorebird breeding season (April 1– August 31), the work shall be conducted during daylight hours only. A.5. During construction, trash and food items shall be disposed of properly either in predator-proof receptacles, or in receptacles that are emptied each night to minimize the potential for attracting predators of piping plovers, red knots, and sea turtles. A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC. This may be accomplished through the permit application or Corps’ contract processes utilizing appropriate GIS tools. A.7. Access points for construction vehicles should be as close to the project site as possible. Construction vehicle travel down the beach should be limited to the maximum extent possible. A.8. A meeting between representatives of the contractor(s), the Corps, the Service, the NCWRC, and NCDCM, must be held prior to the commencement of work. Advance notice (of at least 5 business days) must be provided prior to conducting this meeting. The meeting will provide an opportunity for explanation and/or clarification of the Conservation Measures and Terms and Conditions, and will include the following: a) Staging locations, and storing of equipment, including fuel stations; b) Coordination with the surveyors on required species surveys; c) Pipeline placement; d) Minimization of driving within and around the Action Area; e) Follow up coordination during construction and post construction; f) Direction of the work including progression of sand placement along the beach; g) Plans for compaction monitoring; h) Plans for escarpment surveys and i) Names and qualifications of personnel involved in any required species surveys. A.9. Following the preconstruction meeting, the Corps shall provide the Service with specific anticipated shoreline lengths and anticipated duration of the project, using the form on the following web link: <https://www.fws.gov/northflorida/SeaTurtles/Docs/Corp%20of%20Engineers%20Sea%20Turtle %20Permit%20Information.pdf >. Only the following information should be filled out: Corps permit number, FWS Log Number, Project Location, Construction Activity, Duration of Project, and Actual Take (linear feet of beach). This form shall be emailed to the Service at <seaturtle@fws.gov>. The form should be filled out using information from the permit application or authorization. This form is in addition to the annual report, listed below. A.10. The Corps shall meet with the Service, NCDCM, and NCWRC (and cooperating agencies such as BOEM, as appropriate) annually to discuss the effectiveness of the avoidance measures and additional measures to include for future projects. The agencies will also review the projects utilizing this SPBO the previous year to ensure that the reporting requirements for calculating the extent of take are adequate. This meeting will also explore: a) The possibility of using dredged materials to enhance potential or existing piping plover habitat within and adjacent to the project area; b) Methods for funding beneficial use opportunities for dredged materials that are not least- cost disposal to benefit piping plovers and their habitat; c) The development of shore protection design guidelines that can be utilized during future project planning to protect and/or enhance piping plover habitat; and d) Incorporating artificial lagoons or ephemeral pools into project designs adjacent to inlets where sand placement is proposed. Terms and Conditions – Piping Plovers and Red Knots A.11. All personnel involved in the construction or sand placement process along the beach shall be aware of the potential presence of piping plovers and red knots. Before start of work each morning, a visual survey must be conducted in the area of work for that day, to determine if piping plovers and red knots are present. If shorebirds are present in the work area, careful movement of equipment in the early morning hours should allow those individuals to move out of the area. Construction operations shall be carried out at all times in a manner as to avoid negatively impacting shorebirds and allowing them to exit the area. A.12. If project-related activities will potentially adversely affect nesting shorebirds or active nesting habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors within the project area, then the Corps or Permittee must contact the Service and NCWRC as soon as possible. A.13. If project activities will be conducted in Optimal Piping Plover Areas, piping plover habitat (sandy unvegetated habitat) within the Optimal Piping Plover Area shall be avoided to the maximum extent practicable when staging equipment, establishing travel corridors, and aligning pipeline. The Corps or the Permittee, to the maximum extent practicable, shall clearly delineate work areas within the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and access points. Disturbance outside those delineated work areas must be limited, thereby minimizing effects to sandy unvegetated habitat. Driving on the beach for construction shall be limited to the minimum necessary within the designated travel corridor. The delineation of work corridors and work areas in authorized project plans will be sufficient to meet this term and condition. Optimal Piping Plover Areas are defined as having documented use by piping plovers, and they include coastal habitat features that function mostly unimpeded. Optimal Piping Plover Areas include: a) Designated piping plover Critical Habitat Units (see Appendix B); b) All Federal, State, and County publicly owned land where coastal processes are allowed to function, mostly unimpeded*, that have any of the following features in the Action Area: i. Located within 1 mile of an inlet; ii. Emergent nearshore sand bars; iii. Washover fans; iv. Emergent soundside and Ocean shoals and sand bars; v. Soundside mudflats, sand flats, and algal flats; or vi. Soundside shorelines. [*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally does not include public lands that are solely state-owned water bottoms, street ends, parking lots, piers, beach accesses, heavily-developed or highly-manipulated parks, or shoreline developed for commercial or residential purposes. It generally does include public lands consisting of undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.] A.14. If project related activities will be conducted in Optimal Piping Plover Areas, then the piping plover and red knot survey protocol in Appendix D must be followed. Two full years of post- construction monitoring is required. Optimal Piping Plover Areas include: a) Designated piping plover Critical Habitat Units (see Appendix B); b) All Federal, State, and County publicly owned land where coastal processes are allowed to function, mostly unimpeded*, that have any of the following features in the Action Area: i. Located within 1 mile of an inlet; ii. Emergent nearshore sand bars; iii. Washover fans; iv. Emergent soundside and Ocean shoals and sand bars; v. Soundside mudflats, sand flats, and algal flats; or vi. Soundside shorelines. [*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally does not include public lands that are solely state-owned water bottoms, street ends, parking lots, piers, beach accesses, heavily-developed or highly-manipulated parks, or shoreline developed for commercial or residential purposes. It generally does include public lands consisting of undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.] Terms and Conditions – Sea Turtles A.15. Only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not been affected by prior sand placement activity. Beach compatible fill must be sand comprised solely of natural sediment and shell material, containing no construction debris, toxic material, large amounts of rock, or other foreign matter. The beach compatible fill must be similar in both color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the native material in the Action Area. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. In general, fill material that meets the requirements of the most recent version of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered compatible. A.16. During dredging operations, material placed on the beach shall be qualitatively inspected daily to ensure compatibility. If the inspection process finds that a significant amount of non-beach compatible material is on or has been placed on the beach, all work shall stop immediately, and the NCDCM, Corps, and BOEM (as appropriate) will be notified by the permittee and/or its contractors to determine the appropriate plan of action. Required actions may include immediate removal of material and/or long-term remediation activities. A.17. Daily sea turtle nesting surveys must be conducted within the project area between May 1 and November 15 of each year, for at least two consecutive nesting seasons after completion of sand placement (2 years post-construction monitoring). Acquisition of readily available sea turtle nesting data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable. However, in the event that data from other sources cannot be acquired, the Corps or permittee will be responsible to collect the data. Data collected for each nest should include, at a minimum, the information in the table, below. This information will be provided to the Service in the annual report, and will be used to periodically assess the cumulative effects of these projects on sea turtle nesting and hatchling production and monitor suitability of post construction beaches for nesting. Please see REPORTING REQUIREMENTS, below. A.18. Visual surveys for escarpments along the Action Area must be made immediately after Parameter Measurement Variable Number of False Crawls Visual Assessment of all false crawls Number/location of false crawls in nourished areas; any interaction of turtles with obstructions, such as sand bags or scarps, should be noted. False Crawl Type Categorization of the stage at which nesting was abandoned Number in each of the following categories: a) Emergence - no digging; b) Preliminary body pit; c) Abandoned egg chamber. Nests Number The number of sea turtle nests in nourished areas should be noted. If possible, the location of all sea turtle nests should be marked on a project map, and approximate distance to scarps or sandbags measured in meters. Any abnormal cavity morphologies should be reported as well as whether turtle touched sandbags or scarps during nest excavation. Nests Lost Nests The number of nests lost to inundation or erosion or the number with lost markers. Nests Relocated nests The number of nests relocated and a map of the relocation area(s). The number of successfully hatched eggs per relocated nest. Lighting Impacts Disoriented sea turtles The number of disoriented hatchlings and adults. completion of sand placement, and within 30 days prior to May 1, for two subsequent years after any construction or sand placement event. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and the beach profile must be reconfigured to minimize scarp formation by the dates listed above. Any escarpment removal must be reported by location. The Service must be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling is required during the nesting or hatching season, the Service or NCWRC will provide a brief written authorization within 30 days that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to the Service. A.19. Sand compaction must be qualitatively evaluated at least twice after each sand placement event, once in the project area immediately after completion of any sand placement event and once after project completion between October 1 and May 1. Compaction monitoring and remediation are not required if the placed material no longer remains on the beach. Within 14 days of completion of sand placement and prior to any tilling (if needed), a field meeting shall be held with the Service, NCWRC, and the Corps to inspect the project area for compaction and determine whether tilling is needed. a) If tilling is needed for sand suitability, the area must be tilled to a depth of 36 inches. All tilling activities shall be completed prior to May 1 of any year. b) Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3 square feet or greater, with a 3-foot buffer around all vegetation. c) If tilling occurs during the shorebird nesting season or seabeach amaranth growing season (after April 1), shorebird surveys and/or seabeach amaranth surveys are required prior to tilling. d) A summary of the compaction assessments and the actions taken shall be included in the annual report to NCDCM, the Corps, and the Service. e) These conditions will be evaluated and may be modified if necessary to address and identify sand compaction problems. A.20. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken, must be submitted to the Service following completion of the proposed work for each year when a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below. A.21. If a dune system is part of the project design, the placement and design of the dune must be coordinated with the Service. Terms and Conditions – Seabeach Amaranth A.22. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring program in accordance with April 19, 1993 Biological Opinion for various U.S. Army Corps of Engineers’ projects and Terms and Conditions A.23 to A.26, below.. A.23. The Corps should survey beach sand placement areas for at least five years following each placement event, to determine the status of the seabeach amaranth populations in the project areas and the effects that beach disposal has on this species. Surveys should be conducted in August or September so that the number of plants reaching reproductive age can be determined. A.24. Suitable habitat along shoreline reaches that have received sand within the previous five years should be surveyed for the occurrence of seabeach amaranth. Documentation for each seabeach amaranth plant should include location (using a handheld GPS unit), unique features, abnormalities, or other relevant information. If multiple plants are observed in an area, a single representative GPS point may be logged with accompanying notes describing total plants associated with that point. A.25. A Corps report describing the seabeach amaranth survey and results should be submitted to Service, the North Carolina Natural Heritage Program, and the North Carolina Plant Conservation Program, by December 31 of each year. The report should include a map showing locations of seabeach amaranth populations and the numbers of plants, with separate figures for those in flower or fruit, found in the sand placement areas. A.26. If tilling of the beach is required due to high compaction levels resulting from beach disposal, surveys should be conducted in advance of the tilling for seabeach amaranth (see sea turtle section - Reasonable and Prudent Measures). No tilling should be conducted in the immediate areas where seabeach amaranth plants are growing. ATTACHMENT (C) (Dredge Plant Conditions, checklist, and ODESS forms) 2 Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants 1.Reporting requirements: a.Pre-Construction Notification: At least 2 weeks prior initiating the work authorized by this permit, the Permittee shall submit a completed “SARBO Pre-Construction Notification” form (see form below) to the following emails: RD.SARBO.GRBO@usace.army.mil and SERODredge@noaa.gov. The checklist must be completed using the form function (i.e. do not handwrite or create text boxes). Upon receipt of the notification form, you will receive a list of the Corps 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. b.Take Reporting: All lethal and nonlethal take associated with a project covered under SARBO will be reported within 48 hours. Project details related to take that will be reported by completing “SARBO Take Reporting” form (see form below) and sent to the following emails: RD.SARBO.GRBO@usace.army.mil and SERODredge@noaa.gov. The checklist must be completed using the form function (i.e. do not handwrite or create text boxes). c.Post-Construction Reporting: Within 30 days of completing the work authorized by this permit, the Permittee shall submit a completed “SARBO Post-Construction Notification” form (see form below) to the following emails: RD.SARBO.GRBO@usace.army.mil and SERODredge@noaa.gov. The checklist must be completed using the form function (i.e. do not handwrite or create text boxes). 2.Deflector Device Submittal: The Permittee shall ensure drawings of the proposed sea turtle deflector device and the completed “Hopper Dredge Deflector Device Checklist” form (see form below) and all required documentation are submitted to the Corps at least 30 days prior to initiating the authorized work to the addresses listed in the Reporting Special Condition. No dredging shall be performed by a hopper dredge without the inclusion of an approved, rigid, sea turtle deflector device. The Permittee shall not commence hopper dredging until approval of the sea turtle deflector device has been granted by the Corps. A copy of the approved drawings, calculations, and signed “Hopper Dredge Deflector Device Checklist” form shall be available on the vessel during dredging operations. 3.Pre-Dredging Inspection Submittal: The Permittee shall submit the completed “Hopper Dredge Pre-Dredge Inspection Checklist” form (see form below) to the 3 Corps, at least 5 days prior to initiating the authorized work. This checklist can be accessed at: https://dqm.usace.army.mil/odess/ Note – Please use a different browser if experiencing trouble opening the above link. 4. Dredging Quality Management (DQM): Dredging and dredged material disposal and monitoring of dredging projects using the Dredging Quality Management (DQM) system shall be implemented for this permit. The Permittee shall ensure that each hopper dredge assigned to the work authorized by this permit is equipped with DQM, previously known as ‘Silent Inspector’, for hopper dredge monitoring. The Permittee’s DQM system must have been certified by the DQM Support Team within one calendar year prior to the initiation of the dredging/disposal. 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 https://dqm.usace.army.mil/. The Permittee is responsible for insuring that the DQM system is operational throughout the dredging and disposal project and that project data are submitted to the DQM National Support Center in accordance with the specifications provided at the aforementioned website. The 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. SARBO 2020 PCN Form Page 1 of 4 Form date 24 June 2020 South Atlantic Regional Biological Opinion (March 2020) Pre-Construction Notification Form This form is used by the U.S. Army Corps of Engineers to document compliance with Section 2.9.3.5 of the South Atlantic Regional Biological Opinion (SARBO). You are required to complete this form and submit it via email to the email addresses listed in the special condition in the USACE permit TWO WEEKS prior to commencing work. The form must be completed electronically using the form feature (i.e. do not handwrite or create text boxes). 1)USACE Project Manager (point of contact and contact information): 2)Protected Species Observer (PSO) a)Will a PSO be used?Yes No b)Provide the observer company, if a PSO was used, and contact information: 3)List all federal action agency/s associated with project (Select all that apply): USACE: SAD SAC SAJ SAS SAW FEMA BOEM U.S. Air Force Other: 4)All federal action agency project tracking numbers associated with the project, if applicable (e.g., USACE Regulatory tracking number, e.g., SAW-2018-xxxxx): 5)Biological Opinion(s) used to authorize the work: SARBO JAXBO (SAJ) SARBO 2020 PCN Form Page 2 of 4 Form date 24 June 2020 6)Estimated project start date: 7)Estimated project complete date: 8)Project name (Typically projects are referred to by the name of the area. If the area has more than one common name, all common names should be provided): 9) Project location: a)Project location for dredging 1. For regularly occurring projects with an easily referenced named location, a central location may be sufficient (e.g., latitude and longitude in decimal degree format [xx.xxxx, -xx.xxxx]). b)Project location for placement. For regularly occurring projects with an easily referenced named location, a central location may be sufficient (e.g., latitude and longitude in decimal degree format [xx.xxxx, -xx.xxxx]). 10)Is the project occurring in an area identified in this Opinion that requires additional protection (select all that apply)? ESA-listed coral (Appendix C) Johnson’s seagrass (Appendix D) Sturgeon rivers (Appendix E) When and where North Atlantic right whales may be present (Appendix F) 1 Project spatiolocation (i.e., shapefile/.kmz) to show the complete action area is needed if this information has not been previously provided to NMFS. SARBO 2020 PCN Form Page 3 of 4 Form date 24 June 2020 11)and 12) Is the project occurring within the geographic limits of a designated critical habitat, even if features are not impacted? Total area of the project that occurs within the geographic area of one or more critical habitat units, if applicable. Critical habitat Unit Additional unit (if applicable) Total area (Square feet) Green sea turtle Leatherback sea turtle Loggerhead sea turtle Hawksbill sea turtle Atlantic sturgeon Acropora (Elkhorn and staghorn coral) Johnson’s seagrass North Atlantic right whale 13) Project type/s (Check all that apply): Maintenance Dredging Minor channel modification/realignment Borrow site Muck dredging Beach nourishment Nearshore placement ODMDS G&G survey New placement location Other 14) Pre-project proposed dredge and placement total volume in cubic yards. 15) Previous dredge templates: a) Does dredging exceed the previously federally-approved or federally-authorized dredge template including previously considered overdepth and/or advanced maintenance? Yes No b)If you selected yes to question 16a, provide an explanation (e.g., approved through supersede, unintentional/unusual event and lesson learned). Dredge:Placement: N/A N/A N/A N/A SARBO 2020 PCN Form Page 4 of 4 Form date 24 June 2020 16) Select all of the vessels and specific equipment used on project. A single project may include more than 1 category of equipment listed below for a portion or all of a project. The equipment types expected to be used and listed with the pre- construction notification will be updated at the end of the project if modifications were necessary. Hopper dredge Modified hopper Non-hopper dredging equipment (e.g., bucket, clamshell, cutterhead, water- injection, bed-leveling to complete project) Bed-leveling (used as the sole form of material movement or just during clean-up phase of hopper dredging). Geophysical survey Relocation trawling New Equipment or construction method approved through the SARBO Supersede 2 process outlined in Section 2.9.5.2 of this Opinion. 17) The Corps regulatory project manager confirms that all applicable PDCs have been reviewed and will be requirements of the permit, as noted in the decision document? Yes No 18) Date Pre-Construction Form completed and emailed: ATTACHMENT (D) (NC Division of Coastal Management CAMA Permit and NC Division of Water Resources 401 Water Quality Certification) Attachment E Department of the Army General Permit PGP-291 1 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Operating Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of 2 the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps’ determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant’s need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the “Federal Agencies”). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will 3 typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency’s comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps’ position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. l. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the 4 federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general 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. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. 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. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. 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). f. The activities authorized by this general permit 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 5 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. 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/her 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 Corps , 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 or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project’s congressionally authorized purposes, established limitations or restrictions, or limit an agency’s ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District’s Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. l. This general permit does not grant any property rights or exclusive privileges. m. This general permit does not authorize any injury to the property or rights of others. 6 n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) 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. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or “study river” (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. 7 Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized under this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. 8 x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER: Hfllil Scott McLendon Chief, Regulatory Division Wilmington District 9 State of North Carolina | Environmental Quality | Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NORTH CAROLINA Environmental Quality February 3, 2021 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 N Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) heather.coats@NCDENR.gov SUBJECT: CAMA / Dredge & Fill Applicant: Town of Holden Beach Project Location: 262 Ocean Blvd E to 871 Ocean Blvd W, adjacent to the Atlantic Ocean in Holden Beach, Brunswick County Proposed Project: Applicant is requesting reauthorization of the Town’s beacj nourishment project to include approximately 24,000’ of shoreline from Ocean Blvd E between Ave B and McCray St. to Ocean Blvd W just east of Shoreline Dr. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 28, 2021. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: _____ This agency has no objection to the project as proposed. **Additional comments may be attached** _____ This agency has no comment on the proposed project. _____ This agency approves of the project only if the recommended changes are incorporated. See attached. _____ This agency objects to the project for reasons described in the attached comments. PRINT NAME______________________________________ AGENCY _____________________________________ SIGNATURE _____________________________________ DATE __________________ x Mark Brown Public Water Supply 2-4-21 State of North Carolina | Environmental Quality | Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NORTH CAROLINA Environmental Quality February 3, 2021 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 N Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) heather.coats@NCDENR.gov SUBJECT: CAMA / Dredge & Fill Applicant: Town of Holden Beach Project Location: 262 Ocean Blvd E to 871 Ocean Blvd W, adjacent to the Atlantic Ocean in Holden Beach, Brunswick County Proposed Project: Applicant is requesting reauthorization of the Town’s beacj nourishment project to include approximately 24,000’ of shoreline from Ocean Blvd E between Ave B and McCray St. to Ocean Blvd W just east of Shoreline Dr. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 28, 2021. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: _____ This agency has no objection to the project as proposed. **Additional comments may be attached** _____ This agency has no comment on the proposed project. _____ This agency approves of the project only if the recommended changes are incorporated. See attached. _____ This agency objects to the project for reasons described in the attached comments. PRINT NAME______________________________________ AGENCY _____________________________________ SIGNATURE _____________________________________ DATE __________________ X Shannon Jenkins NC DMF - Shellfish Sanitation & Recreational Water Quality 02/11/2021 for Shannon Jenkins State of North Carolina | Environmental Quality | Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NORTH CAROLINA Environmental Quality February 3, 2021 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 N Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) heather.coats@NCDENR.gov SUBJECT: CAMA / Dredge & Fill Applicant: Town of Holden Beach Project Location: 262 Ocean Blvd E to 871 Ocean Blvd W, adjacent to the Atlantic Ocean in Holden Beach, Brunswick County Proposed Project: Applicant is requesting reauthorization of the Town’s beacj nourishment project to include approximately 24,000’ of shoreline from Ocean Blvd E between Ave B and McCray St. to Ocean Blvd W just east of Shoreline Dr. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 28, 2021. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: _____ This agency has no objection to the project as proposed. **Additional comments may be attached** _____ This agency has no comment on the proposed project. _____ This agency approves of the project only if the recommended changes are incorporated. See attached. _____ This agency objects to the project for reasons described in the attached comments. PRINT NAME______________________________________ AGENCY _____________________________________ SIGNATURE _____________________________________ DATE __________________ X Kimberlee Harding NCDMF 02/25/2021 *NCDMF does not have any objections tothis permit modification as long as the permitcondition of hopper dredge activites will be completed by March 31 is maintained. MEMORANDUM_: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Heather Coats, Beach Inlet Management Project Coordinator (Courier 04-16-33) Town of Holden Beach return this form to Heather Coats February 28, 2021. REPLY: PRINT NAME _Wand,1_ Hilliar!l AGENCY __ State Pro� Office SIGNATURE DATE __ March 2, 2021 _____ _ State of North Carolina | Environmental Quality | Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NORTH CAROLINA Environmental Quality February 3, 2021 MEMORANDUM: FROM: Heather Coats, Beach & Inlet Management Project Coordinator NCDEQ - Division of Coastal Management 127 N Cardinal Drive Ext., Wilmington, NC 28405 (Courier 04-16-33) heather.coats@NCDENR.gov SUBJECT: CAMA / Dredge & Fill Applicant: Town of Holden Beach Project Location: 262 Ocean Blvd E to 871 Ocean Blvd W, adjacent to the Atlantic Ocean in Holden Beach, Brunswick County Proposed Project: Applicant is requesting reauthorization of the Town’s beacj nourishment project to include approximately 24,000’ of shoreline from Ocean Blvd E between Ave B and McCray St. to Ocean Blvd W just east of Shoreline Dr. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 28, 2021. If you have any questions regarding the proposed project, contact Heather Coats at (910) 796-7302 when appropriate, in-depth comments with supporting data is requested. REPLY: _____ This agency has no objection to the project as proposed. **Additional comments may be attached** _____ This agency has no comment on the proposed project. _____ This agency approves of the project only if the recommended changes are incorporated. See attached. _____ This agency objects to the project for reasons described in the attached comments. PRINT NAME______________________________________ AGENCY _____________________________________ SIGNATURE _____________________________________ DATE __________________ Received: 2/20/2021 Historic Preservation Office ER 12-0269 Due: 3/3/2021 Please see attached letter - SBA 3/4/2021 x Renee Gledhill-Earley Historic Preservation Office 3/5/2021 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 March 5, 2021 MEMORANDUM TO: Heather Coats heather.coats@ncdenr.gov North Carolina Department of Environmental Quality Division of Coastal Management FROM: Renee Gledhill-Earley Environmental Review Coordinator SUBJECT: Central Reach Beach Nourishment Between 262 Ocean Boulevard East & 781 Ocean Boulevard West, Holden Beach, Brunswick County, ER 12-0269 Thank you for your February 20, 2021, submission transmitting the above-referenced permit application. We have reviewed the renourishment site and new borrow area and offer the following comments. The Office of State Archaeology underwater research files have references to extensive maritime activities and shipwreck losses in the general project vicinity; therefore, much of the project area holds a high potential for containing submerged cultural resources. However, this project has already had professional archaeological surveys conducted by Tidewater Atlantic Research finding no significant cultural resources within the proposed borrow area. Our office concurs with their findings and we recommend no additional archaeological investigation be conducted. It is our opinion that beach bulldozing operations may encounter the remains of vessels that have been washed up on the beach and buried over the last 450 years. We would like your agency, the applicant, and any equipment operators to be aware that the possibility exists that this work may unearth a beached shipwreck. Should that occur, work should move to another area and the Underwater Archaeology Branch be contacted immediately (910.458.9042). A staff member will be sent to assess the wreckage and determine the proper course of action. Additionally, all operations should take care to avoid known significant historical resources located within Lockwood’s Folly Inlet (schooner Kate, blockade runner Elizabeth, blockade runner Bendigo, USS Iron Age). The iron steamer Ranger is also located approximately 400 feet offshore between stations 50+00 and 60+00. The permittee shall contact the Underwater Archaeology Branch for specific information and location of these resources to assure avoidance and no incidental impact during operations. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Town of Holden Beach, MAJOR – MOD 14-02, Beach Nourishment – Brunswick County Date: March 10, 2021 -------------------------------------------------- Consistency Determination: This project is consistent with the Holden Beach Land Use Plan update. The applicant proposes major modification to existing State Permit #14-02 to include an offshore borrow area to provide beach compatible fill material for beach nourishment for approximately 24,000’ of shoreline. The project will be located along the oceanfront between Ocean Boulevard East, between Avenue B and McCray Street to Ocean Blvd, West just east of Swordfish Drive. Areas of Environmental Concern (AEC’s) impacted by the proposal are OH, PTA and EW. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Holden Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, the Town of Holden Beach allows development in Conservation classified AECs, which is consistent with the State’s minimum use standards. The Town of Holden Beach Land Use Plan contains some policies, which exceed the State’s minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Holden Beach Land Use Plan. Cc: File May 14, 2021 DWR # 2001-1836v5 Brunswick County Town of Holden Beach P.O. Box 449 Supply, NC 28462 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Holden Beach Central Reach Renourishment Dear Town of Holden Beach: You have our approval for the impacts listed below for the purpose described in your application dated September 11, 2020, received by the Division of Water Resources (Division) February 3, 2021, with subsequent information on April 5, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of General Permit No. 198000291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Plan Location or Reference Fill for beach Nourishment (below MHW) 172.9 (acres) Sheets 1-21 Dated November 18 of 2020 Open Water / Shallow Bottom Impacts Dredge 108.25 (acres) Central Reach - Borrow Area 1 Sheets 22-28 Dated November 18 of 2020 482 (acres) Borrow Area 2 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, DocuSign Envelope ID: F89160F2-3599-44D8-86FE-12F4BB3C11E6 Holden Beach Central Reach Renourishment DWR# 20011836v5 401 Certification Page 2 of 4 you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions [15A NCAC 02H .0507(c)]: 1. Moratoriums The Permittee shall comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. shorebird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 2. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222] The Permittee shall conduct the following dredging effluent monitoring: Samples shall be collected at daily time intervals of one hour after system start-up, midway of the dredge process (6 hours) and one hour prior to system shutdown assuming a 12 hour day. DocuSign Envelope ID: F89160F2-3599-44D8-86FE-12F4BB3C11E6 Holden Beach Central Reach Renourishment DWR# 20011836v5 401 Certification Page 3 of 4 The sampling shall be done following the longshore current just beyond the nearshore placement at 1000’ and 2000’ intervals beyond the discharge point. If the turbidity is above 25 NTU at the 2000’ point, a third sample should be taken at the point where the turbidity is 25 NTU and that distance noted in the record. The Permittee shall maintain a record of the daily equipment calibration and sample results at the required sampling intervals. Citation: 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5 This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 DocuSign Envelope ID: F89160F2-3599-44D8-86FE-12F4BB3C11E6 Holden Beach Central Reach Renourishment DWR# 20011836v5 401 Certification Page 4 of 4 This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider or Tyler Benson at 910-796-7215, Holley.Snider@ncdenr.gov or Tyler.Benson@ncdenr.gov if you have any questions or concerns. Sincerely, Morella Sanchez-King Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 4175 cc: Francis Way (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) Heather Coats, Division of Coastal Management Wilmington Office (via email) DWR 401 & Buffer Permitting Unit DocuSign Envelope ID: F89160F2-3599-44D8-86FE-12F4BB3C11E6 North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 MEMORANDUM TO: Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: April 21, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Town of Holden Beach, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located between Ocean Blvd E between Ave B and McCray Street to Ocean Blvd W just east of Swordfish Drive within Holden Beach, NC adjacent the Atlantic Ocean. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant is requesting reauthorization and modification of the Town’s Permit No. 14-02 to include approximately 24,000’ of shoreline from 262 Ocean Blvd East to 871 Ocean Blvd West. The primary beach berm would be filled to an elevation of +7’ NGVD29 with a 15:1 slope out to tie into existing grade from approximately -3’ to -10’ NVGD29. The primary dune ranges from 26’ to 226’ in width. A secondary berm is proposed at an elevation of +10’ NGVD29 with a 3:1 slope to the primary dune and would be constructed to tie into the existing 10’ NGVD29 elevation. Material would be dredged from the remaining 108-acre Central Reach site (Borrow Area 1) to obtain a portion of the 1.8 MCY of sand needed for the project. Zone 1 has a dredge depth of -41’ NAVD88, Zone 2 a -42’ NAVD88 depth, and Zone 3 a -42’ NAVD88 depth. In addition to Borrow Area 1, Borrow Area 2 is a new 482-acre site located to the west of the Central Reach site. This site is divided into five areas and has a dredge cut less than 3.5’. To address concerns regarding sediment colors, samples were collected from the borrow areas and compared while wet to Munsell Soil Color Charts. Dredging would be conducted by hopper dredge and pumped by submerged pipeline onto the beach. In addition to beach nourishment, dune planting is proposed landward the second berm, immediately waterward the existing dune vegetation. Page 2 To minimize impacts to environmental resources, the applicant states they anticipate limiting all dredging to the hopper dredge window from December 1 to March 31. Other management tools include the use of existing permanent beach accessways, avoidance of vegetation with pipeline placement, 500-meter buffers around the borrow areas, and screening for larger rocks/materials offshore on the dredge. The NCWRC has reviewed the permit modification and understands the project as proposed will utilize the Statewide Programmatic Biological Opinion for NC Beach Sand Placement (SPBO). The SPBO provides measures to minimize impacts to environmental resources such as shorebirds and sea turtles during nourishment events. While these guidelines provide detailed permit condition recommendations, the following emphasizes measures within the SPBO as well as other recommendations NCWRC believes are of utmost importance: • To minimize impacts to nesting sea turtles, a May 1 – November 15 (or until the last known sea turtle nest has hatched) moratorium should be observed. All activities on the beach, including the placement of material, any necessary remediation, and the removal of equipment should be completed by May 1. Sea turtles that utilize these beaches include Kemp’s Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia mydas) sea turtles. • While the NCWRC understands the engineered design and permit must be based upon survey data from a set date and point, we must also recognize ocean front shorelines are very dynamic. Therefore, it is requested that prior to conducting nourishment activities, a survey is conducted approximately three months prior to the final construction design to provide an accurate representation of the beach profile. Adjustments may need to be made after the survey to compliment the intent of the permit as well as to protect environmental and public resources. • Information including pipeline alignment, equipment access, and any survey information if necessary, should be provided prior to project start. This is generally done in a pre- construction meeting with state and federal agencies. • Beach quality material that is compatible with native beach material and meets the NC Division of Coastal Management’s sediment criteria is essential to ensure quality habitat. If during construction non-compatible material is placed on the beach, nourishment activities should stop, state and federal agencies should be notified, and it should be determined if the dredge needs to move to an alternative location within the borrow source to once again obtain compatible material. Mitigative measures should then be implemented, removing the non-compatible material from the shore. This also includes material that is too dark. Dark material absorbs more sunlight and therefore increases nest temperatures, changing sea turtle gender determination and hatching success. • Visual surveys for escarpments along the project area must be made immediately after completion of sand placement, and within 30 days prior to May1 Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and the beach profile reconfigured to minimize scarp formation by May 1. • NCWRC requests dune planting activities occur as much as possible outside the sea turtle nesting season. If planting occurs within nesting season, consultation should be had with Page 3 the NCWRC and USFWS to implement best management practices to minimize impacts to sea turtles. As an education and guidance tool, the following link can be referenced regarding dune grasses: https://content.ces.ncsu.edu/restoration-and-management-of-coastal-dune-vegetation • Although not described in this permit request, any sand fence installation should not be conducted without consultation with the NCWRC and USFWS. Sand fence installation can have significant influence on sea turtle nesting activities, especially when dunes that have less steep slopes can serve as nesting habitat and as dunes, including fencing and planted grasses, are positioned closer to mean high water. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. From:Coats, Heather To:Christenbury, Mike; Butler, Rodney A; Harris, David B Subject:RE: CAMA Major Applications: Town of Oak Island and Town of Holden Beach Date:Wednesday, March 10, 2021 8:51:00 AM Attachments:image001.png Hi guys, I don’t believe I’ve received comments from you on this project or the Town of Holden Beach’s project which went out at the beginning of Feb with a comment due date of 2/28. Please send me any comments you have asap. Thanks in advance and I hope you all are doing well! Heather From: Coats, Heather Sent: Monday, December 21, 2020 1:50 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Permits - Town of Oak Island <permits@ci.oak-island.nc.us> Cc: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: RE: CAMA Major Application: Town of Oak Island Hi everyone, I believe there may be an issue with the link provided to download the application. I have attached the application forms, narrative and the bio report to this email for your ease of reference. The plans and appendices are larger files sizes, so those I can’t email. Moffatt & Nichol has provided a link to download the application files. If you have concerns about using an external site, please let me know and I think I can also upload the files and also share through MS Teams or other means. *Please just note that the attached MP-2 form has been updated since the FTP site was created and is likely not the version found on M&N’s site. https://team.moffattnichol.com/DownloadWeb/predownload.aspx? qs=LR82FPL2GKZR2XXJHBPWNZYB8JE9UUNL8T2VDRW7ASQ8MV4WJGSNDYT2CYGENBTWCXKSJYPP FX39S3GBS63GMKDHALYGAHR32GUK8HXPSBEX2XEJ8357EQGJWFP8JR493RJYEV9LCJAMW4Z385B5S NDYPFKNE5U7FHY64SHEXJDG2JYZ8TF49NWZXQ93U97DAQCTYJG67AK5CVCXW4PYV39P5A Let me know if you have any questions or encounter any problems. Thanks! Heather From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Friday, December 18, 2020 6:10 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Permits - Town of Oak Island <permits@ci.oak-island.nc.us> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Town of Oak Island Hello All! Please accept this correspondence as the official distribution of CAMA application from Town of Oak Island for development in Oak Island, Brunswick County. ****Please use the following link to access application documents: You can view "Town of Oak Island.zip" at: https://documentcloud.adobe.com/link/track? uri=urn:aaid:scds:US:53383860-000c-4c9d-8ac8-43d4cdd67660 Other attachments include: Field Investigative Report, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO HEATHER COATS at heather.coats@ncdenr.gov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Heather Coats at heather.coats@ncdenr.gov or (910) 796- 7302. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanya.Pietila@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Bert Rosefield To:Coats, Heather Subject:[External] Fwd: DR-45668-NC-00050 11988 COMMENT Date:Thursday, March 18, 2021 11:16:55 AM CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Heather, thank you for following up with us. Really appreciated. Please let me know you have received the email. Bert Rosefield ---------- Forwarded message --------- From: Bert Rosefield <harosefield@gmail.com> Date: Mon, Mar 8, 2021 at 1:27 PM Subject: DR-45668-NC-00050 11988 COMMENT To: <FEMA-R4EHP@fema.dhs.gov> To Whom It May Concern: As a homeowner in Holden Beach, North Carolina, I am writing to express a concern regarding the above-noted project. The description of this beach renourishment lists a number of benefits to be derived from the project. Listed benefits refer to wildlife protection and habitat, as well as visitors having access to the public beaches. It is this last item, ACCESS TO PUBLIC BEACHES, that is of most concern and is in imminent danger of being dramatically reduced or eliminated altogether. On the west side of the current pier and campground on Ocean Boulevard West (OBW), there is a walkway to the beach which in recent years was expanded to also provide emergency vehicle access to the beach, since there was no other ready access for emergency vehicles. There is a sign designating this drive-through as emergency vehicle access only, and the designation marker is PW340/465.5. In addition to emergency vehicle access, this walkway provides beach access for hundreds of houses serving thousands of renters and day- visitors/fishermen throughout primarily the spring, summer, and fall in the area of the island known as Holden Beach Harbor. In the last two months, the entire plot of land comprising the pier and campground have been posted for sale, with residents being told the access is NOT excluded from the land being sold. If the new owner of the property does not see fit to voluntarily maintain this public access, there is no other available access to the public beach for individuals, nor is there any emergency vehicle access within miles. It would appear that, should this access be eliminated, that would be counter to the listed project benefit of visitor access to the public beaches. The renourishment would be taking place in the very area that would now be inaccessible. I have had discussion with town officials regarding their taking the initiative to purchase that 10' wide access strip, in order to maintain the access to public beaches, which is one of the stated objectives in the renourishment project. I was told the "entire parcel" was for sale and "there is no guarantee as to what the new owner might or might not do." Due to the heavy usage of the current access and need to preserve it for public use, I felt this issue is relevant to your review of this project. Herbert A. (Bert) Rosefield harosefield@gmail.com 919-349-5918 From:Coats, Heather To:Mairs, Robb L; Sams, Dan; Dunn, Maria T.; Butler, Rodney A; Harris, David B; "Currey, Gregory E CIV USARMY CESAW (USA)" Subject:FW: *UPDATED COMMENT SHEET* CAMA Major Modification Application: Town of Holden Beach / Central Reach Nourishment Project #14-02 Date:Tuesday, March 30, 2021 1:22:00 PM Attachments:TownofHoldenBeach.CommentSheet.docx TownofHoldenBeach.CommentSheet.docx Importance:High Hi all, I’m just checking back in on the status of your comments for the Town of Holden Beach project. Kindly send me your comments as soon as possible. Thanks in advance and I hope everyone is doing well and enjoying the warmer and brighter days! Heather From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, February 3, 2021 3:06 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; dhewett@hbtownhall.com; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: *UPDATED COMMENT SHEET* CAMA Major Modification Application: Town of Holden Beach / Central Reach Nourishment Project #14-02 Importance: High All, Please use the attached comment sheet when commenting on this project, Town of Holden Beach Major Modification, State Permit No. 14-02. It should go to Heather Coats, *not* Curt Weychert. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanya.Pietila@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K Sent: Wednesday, February 3, 2021 2:38 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Mike Christenbury (mike.christenbury@ncdenr.gov) <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; dhewett@hbtownhall.com Cc: Heather Coats (Heather.Coats@ncdenr.gov) <Heather.Coats@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Tara MacPherson (tara.macpherson@ncdenr.gov) <tara.macpherson@ncdenr.gov>; Brock, Brendan O <brendan.brock@ncdenr.gov> Subject: CAMA Major Modification Application: Town of Holden Beach / Central Reach Nourishment Project #14-02 Hello All! Please accept this correspondence as the official distribution of CAMA Major Modification of State Permit No. 14-02 application from Town of Holden Beach for development in Holden Beach, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO HEATHER COATS at heather.coats@ncdenr.gov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Heather Coats at heather.coats@ncdenr.gov or (910) 796- 7302. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanya.Pietila@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.