151-01 New Hanover County

Permit Class M NEW µPermit Number
STATE OF NORTH CAROLINA 151-01
Department of Environment and Natural Resources
and
Coastal Resources Commission
'Verma CVV.97)
for 99��
X Major Development in an Area of Envi en�n�e401
pursuant to NCGS I I 3A- 118 COASIVISIONOF
X Excavation and/or filling pursuant to NCGS 1 A 229ANAGEMENT
Issued to New Hanover County, 414 Chestnut Street, Wilmington, NC 28401
Authorizing development in New Hanover County at Mason Inlet, adj. Atlantic Ocean Mason
Creek and AIWW as requested in the permittee's application dated 8/26/99, including
attached the workplan drawings (32) as referenced in Condition No 1 of this permit
This permit, issued on November 28, 2001 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void_
1) The authorized project shall be done in compliance with the attached workplan drawings, except as
modified herein:
Sheets 1-5, all dated 8/26/99
Sheets 6, 7 dated 2/27/01 wid revised 11/21/01
Sheet 8 dated 8/24/99 and revised 11/21/01
Sheet 9 dated 2/27/01 and revised 11/2 1/0 1
Sheets 10-17 all dated 8/20/99 and revised 11/21/01
Sheet 18-20 all dated 8/20/01 and revised 11/21/01
Sb.-et 21 dated and revised 11/21/01
Sheets 22-24, .all dated 8/26/99
Sheets25-A", all dated 8/26/99 and revised 11/21/01
Sheets 29-32, all dated 8/26/99
(See attached sheets for Additional Conditions)
Thic rm:l L- t_. a- -
other qualified persons within twenty (20) days of the issuing
date. P.n appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2004
In issuing this permit, the State of North Carolina agrees
that your protect is consistent with the North Carolina Coastal
Management Program.
—SA4u u UY ULc dULUUrLLy or me Necretary of DENR and the
Chairman of the Coastal Resources Commission.
k�—D a D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

New Hanover County
Permit #151-01
Page 2 of 7
ADDITIONAL CONDITIONS
New Inlet Excavation
2) Prior to and within two weeks of the excavation of Figure 8 Island, the temporary placement of
approximately 600 linear feet of sheet pile is authorized on the beachfront at the mouth of the proposed
new inlet parallel to and just landward of MHW, as depicted on attached workplan drawings 6 and 7,
both dated 3/27/01. This sheet pile would allow subsequent excavation of the new inlet channel while
preventing an inadvertent breach during storm and spring tide events.
3) Removal of the sheet pile structure at the mouth of the new inlet must be initiated during the first tidal
cycle following completion of the dredging of the new inlet.
4) The depth of excavation of the new inlet shall not exceed —10 feet NGVD.
Sediment Basin
5) Based upon commitments made by the permittee, the east -west dimension of the sediment basin is
reduced by 100 feet. The limits of the revised sediment basin excavation shall not exceed those
indicated on attached workplan drawings 6, 7, and 9, all dated 3/27/01.
6) The depth of excavation of the sediment basin, including the portion of the Mason Creek channel
running through the sediment basin shall not exceed —12 feet NGVD.
Mason Creek Excavation
7) If sedimentation barriers fail to prevent sand movement into the Atlantic Intracoastal Waterway
(AIWW), Mason Creek shall be dredged during tidal conditions that prevent tidal flows into the AIWW.
8) The dredging of Mason Creek is limited to a bottom width of 80 feet and a width of 140 feet at the 0.0
(NGVD) elevation.
9) The depth of excavation of the Mason Creek shall not exceed —10 feet NGVD, except that the portion of
Mason Creek that runs through the sediment basin, shall not exceed —12 feet NGVD.
10) In order to reduce sedimentation from entering the AIWW during project construction, a +/- 1,000 foot
long undredged plug will remain in place near the AIWW, and a temporary sheet pile structure or other
approved sedimentation barrier installed near the ocean -side of the plug. The plug and temporary sheet
pile or other approved sedimentation barrier shall be removed immediately following completion of the
dredging of both the sedimentation basin and the new inlet.
11) The final dimensions of the sheet pile structure shall be the absolute minimum necessary to ensure its
functionality. The final dimensions, design and location shall be approved by the Division of Coastal
Management prior to placement of the structure.

New Hanover County
Permit #151-01
Page 3 of 7
ADDITIONAL CONDITIONS
12) Material dredged from Mason Creek will be dewatered and stockpiled in a temporary 8-9 acre diked
high ground area on the northern side of the existing inlet. Prior to dredging, material from within the
stockpile area shall be bulldozed to create the 15-foot high dike and to deepen the site, allowing the
deposition of more dredged material. Additional temporary diked stockpiles may be created and located
on the south side of Mason Inlet, on high ground at the north end of the Shell Island Resort, on North
Lumina Avenue, or on a portion of the natural beach in front of the Resort.
Closing of Existing Inlet
13) Near the completion of the initial phase of Mason Creek dredging, the temporary placement of
approximately 600 to 700 linear feet of sheet pile or other approved temporary temporary shoring or
siltation barriers across the existing inlet is authorized. The sheet pile or approved temporary
sh'oring/siltatior barrier will begin on the ocean -side of the stockpiled dredge material site and extend in
a southerly direction to tie into the oceanward face of the sandbag revetment at the Shell Island resort.
14) Prior to the initiation of any construction authorized by this permit, a detailed workplan drawing
depicting the location of this temporary sheet pile structure or approved temporary shoring/siltation
barrier across the mouth of the existing inlet shall be submitted to the Division of Coastal Management
for approval.
15) Removal of the sheet pile structure or approved temporary shoring/siltation barrier at the mouth of
existing inlet must be initiated during the first tidal cycle following the complete closure of the existing
inlet. The sheet pile structure or approved temporary shoring/siltation barrier shall be allowed to remain
in place for a maximum of 30 days.
NOTE: The Division of Coastal Management will entertain a request by the permittee to modify this
permit to allow the sheet pile or approved temporary shoring/siltation barrier to remain in place
for slightly more than 30 days only if work has begun and is ongoing on the closure of the
existing inlet, and reasonable assurances are provided that the authorized work will be completed
in as short a time as possible.
Beach Deposition and Nourishment
16) Prior to the initiation of any beach nourishment activity above mean high water (MHW) within the
limits of the permittee's authorized beach deposition area, easements or other legal authorities to
undertake the authorized activity on each property must be obtained.
17) Prior to the initiation of any beach nourishment activity, the existing mean high water line must be
delineated and the line approved by representative's from the Division of Coastal Management. The
approved lines must be surveyed in and the survey submitted Division. If nourishment activity is not
ed to Divi
initiated within sixty (60) days or there is a major shoreline change prior to the commencement of beach
nourishment, a new survey must be conducted.

New Hanover County
Permit 4151-01
Page 4 of 7
Y
ADDITIONAL CONDITIONS
18) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, intertidal and beach resources no beach nourishment activity may occur from April 1 to
November 15 of any year without prior approval from the North Carolina Division of Coastal
Management in consultation with the NC Division of Marine Fisheries and the NC Wildlife Resources
Commission.
19) In order to ensure that adverse impacts do not occur to nesting sea turtles as a result of the formation of a
scarp or from substrate compaction, the permittee shall undertake remedial action (i.e. ripping or tilling
of the nourished beach, leveling out the scarp) at the request of either the Division of Coastal
Management, the U.S. Army Corps of Engineers or the US Fish and Wildlife Service.
NOTE: The permittee is advised that there may be additional timing restrictions placed on the authorized
project by the U.S. Army Corps of Engineers as part of the Federal permitting process. Nothing
in this State Permit should be construed as overriding or superceding any such Federal permit
requirement.
20) Only beach quality sand shall be used for beach nourishment and/or inlet closure purposes.
Furthermore, sand of similar grain size to the existing beach will be used to reduce any changes in
physical characteristics of the beach. Any non -beach quality material must be disposed of in an
approved upland disposal area.
21) should the dredging or excavation operations encounter any non -beach compatible sand, the dredge
shall immediately cease operation and move to an approved area where suitable material does exist.
22) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
ca-not be made immediately, pumping of material shall stop until such leaks are fixed.
23) During and after construction activities, a uniform, gradual beach slope will be maintained so as not to
endanger the public or interfere with the public's use.of the beach.
Mitigation
24) In accordance with commitments made by the permittee, the following mitigative measures shall be
enacted, subject to any additional conditions contained herein:
a) The permittee shall allow no development within its newly created 1,000 foot inlet corridor.
Additionally, the permittee shall prevent development of the "Hutaff property" by utilizing its 30-
year option to purchase a construction easement on the Hutaff property. A management plan for
these areas, as well as any area within the project location falling under State ownership, shall be
developed in consultation with the U.S. Fish and Wildlife Service, the U.S. Army Corps of
Engineers, the N.C. Wildlife Resources Commission, and the N.C. Division of Coastal Management.
This management plan must be finalized within 6 months of the issuance of this permit.
b) The permittee shall continue to investigate the purchase of all remaining tracts of the Masonboro
Island complex that are currently in private ownership.

New Hanover County
Permit 4151-01
Page 5 of 7
ADDITIONAL CONDITIONS
c) Ordinances shall be put, into place that control and manage vehicular uses of the undeveloped area
north of the Town of Carolina Beach.
d) In accordance with the December 2000 mitigation plan prepared for the proposed project, the
perminee shall restore the majority of the 10.7 acre Corps of Engineers Confined Disposal Facility
(CDF) located in close proximity to the project site. The mitigation site habitat acreages include:
- Intertidal Marsh
5.2 acres
- High Marsh
2.1 acres
- Sub -Tidal Creeks
1.4 acres
- Bare Sand Area
2.0 acres
- Preservation of adjacent
wetlands
19.0 acres
The beach -compatible material to be removed from the CDF may be placed on the beachfront,
provided that all conditions of this permit dealing with beach nourishment are strictly adhered to.
All monitoring reports associated with this mitigation effort shall be provided to the Division of
Coastal Management.
e) The permittee shall utilize bathymetric surveys and aerial photography required to determine the loss
of intertidal areas as a result of project construction and maintenance. Pre -project surveys and post -
construction and maintenance surveys will be provided to the Division of Coastal Management with
all impacted intertidal areas tabulated. Annual monitoring reports will provide bathymetric surveys
and aerial photography indicating the amount of intertidal area in the project area. The permittee
shall address any difference between pre -project intertidal areas and the amount of intertidal areas
formed following project construction. Proposed remediation for any net loss of intertidal area must
be proposed in the third annual monitoring report.
25) In order to protect sea turtle nesting habitat, no work may be carried out on the beach between Mayl and
November 15 of any year without first obtaining authorization from the Division of Coastal
Management, in coordination with the N.C. Wildlife Resources Commission and U.S. Fish and Wildlife
Service.
26) In order to ensure protection of all threatened and endangered species, all conditions of the U.S. Army
Corps of Engineers Individual Permit relating to such species protection shall be fully implemented.
27) Any additional mitigative measures contained in the National Environmental Policy Act Environmental
Assessment document prepared for the proposed project shall be implemented unless specifically altered
herein.

New Hanover County
Permit 4151-01
Page 6 of 7 ,
ADDITIONAL CONDITIONS
Archaeological Resource Protection
28) The N.C. Division of Archives and History has identified one,shipwreck in the project area (#0IMAI).
Extreme care must be exercised when working in proximity to this historic and cultural resources site.
The applicant should contact the Division of Archives and History to discuss protection measures for the
shipwreck. Furthermore, should any unknown shipwrecks be encountered during the course of the
project, all work in that area immediately cease, and the applicant immediately contact both the Division
of Coastal Management and the U.S. Army Corps of Engineers so that the appropriate coordination may
begin.
Future Maintenance Excavation Events
29) Each future request for maintenance excavation and subsequent beachfront disposal will require a
modification of this Coastal Area Management Act/State Dredge and Fill Law Permit. Furthermore,
should the relocated inlet migrate outside of the inlet corridor area indicated on the workplan drawings
submitted with the permit application, a major modification of the permit will be required. The
permittee is advised that the factors to be considered in reaching a decision on any such modification
request will include the migration of the new inlet, amount of material to be excavated, season of the
proposed work, information collected during the various monitoring efforts following initial project
completion, success of the proposed wetland mitigation area, construction methodology, etc.
NOTE: The permittee is advised that future maintenance request should be driven solely by the
movement or shoaling in of the new inlet, not by the need for sand for beach nourishment
purposes.
General
30) All conditions and stipulations of 401 Water Quality Certification No. 3274 (Permit No. 000008), which
was issued on 4/30/01 and revised on 6/27/01, must be strictly adhered to. Any violation of the Water
Quality Certification would also be considered a violation of the CAMA/Dredge and Fill permit.
31) No in -water work will be permitted between April 1 and November 15 of any year without the prior
_ approval of the Division of Coastal Management, in consultation with the Divisiop of Marine Fisheries.
32) The permitter is advised that the State of North Carolina claims title to any currently submerged lands
raised above the mean high water line as a result of this project. The public will have rights of use such
newly created public beech.
33) All monitoring reports submitted to the U.S. Army Corps of Engineers and/or the N.C. Division of
Water Quality must also be provided to the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.

New Hanover County Permit #151-01
Page 7 of 7
ADDITIONAL CONDITIONS
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.

DEPARTMENT OF THE ARMY PERART
Permittee NEW MANOVER COUNTY
Permit No. 199901052
Issuing Office CESAW-RGL
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To relocate Mason Inlet, excavate Mason Creek, construct a sediment basin, and
renourish the southern end of Figure Eight Island or the northern end of Wrightsville Beach,
including maintenance activities for thirty years.
Project Location: Adjacent to the Atlantic Intracoastal Waterway (AIWW) and the Atlantic Ocean, in
Wrightsville Beach and Figure Eight Island, New Hanover County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2031 if you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at Ieast one month
before the above date is reached.
2. You roust maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.,
3. if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
1 NG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4- if you sell the property associated with this permit you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordancewith the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( X ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 ti,S.C, 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorizatiorm
a. nlis permit does not obviate the need to obtain other Federal, state, or local authorizations required by lave.
b. This permit does not grant any property rights or exclusive privileges.
C. This permit does not authorize any injury to the property or rights of others.
d, 'This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. rn issuing this permit, the Federal Government does not assume any liability for the following:
a. Dar ages to the permitted project or uses thereof as a result of other permitted or unpermitted activities ar from natural
causes.
b. Damages to the permitted project or uses thereof as a rCSnit of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to Persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work

IV
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4_ Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision_ This office may reevaluate its decision on this permit at any time the circumstances
warrant- Ciretunstances that could require a reevaluation include, but are not limited to, the following;
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terrns
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay far any
corrective measures ordered by this office, and if you fad to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit,
Ai e below, permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
&/-r k
hIITTEE) NEW44ANOVE O N Y ,Wt (DATE)
TeM permit becomes effective when ral official, designated to act for the Secretary of the Army, has signed below.
APUCT ENGINEER) JAMES W, eLONY, COLONEL (DATE)
Wlthe structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
*U.S. GOl'EFJOIMIf PR N-ITNo OFFICE: 1986 - 717-4Z5

0
PERIP IIT CONDITIONS
1. The work will be constructed in strict accordance with the attached plans and all conditions
of this permit. In, addition, all initial work will be constructed in strict accordance with the
construction methods and sequencing as described in Section 1.3 of the Corps Environmental
Assessment (EA).
2. The pern7ittee shall conduct all work, both new construction and maintenance, between
November 15 and March 30 of any year unless an exemption or extension has been specifically
requested from and approved by the Corps of Engineers.
3. The permittee shall not perform any maintenance or other work after completion of initial
construction of the project without providing a written report identifying the need for the
maintenance event. The permittee must submit this report to the Corps at least 120 days before
maintenance activities are anticipated. Each request will include monitoring data and analyses.
The Corps will coordinate with other Federal and state resource agencies. The Corps will
evaluate each maintenance request to insure that project impacts, including cumulative effects,
are reasonable, that the mitigation is appropriate, and that the maintenance cycles are as widely
spaced as practicable considering the need of the maintenance activity to stabilize the inlet within
the inlet corridor.
4. The perm.ittee shall provide advanced notice and arrange a pre -construction meeting among
the Corps, U.S. Fish and Wildlife Service (Service), North Carolina Division of Coastal
Management (NCDCM), the applicant, and all contractors within 30 days of construction in
order to discuss all permits and pearnit conditions, and to address all questions and concerns
regarding the project. No construction or maintenance event will begin until the applicant and all
contractors are aware of and fully understand the intent of all permit conditions.
5. Prior to the start of construction or any maintenance event, bathymetric surveys will be taken
of all areas to be temporarily or permanently impacted. These surveys will be submitted to the
Corps and include the following: aerial photography; beach and offshore profiles; new inlet area,
sedimentation basin area, existing inlet area, Mason Creek area and Atlantic Intracoastal
Waterway area. Following completion of the initial construction or any maintenance event,
temporary work areas, including stockpiles, will be returned to pre -project contours basal on the
surveys. Post -project surveys will be taken of all restored temporary work areas. These surveys
will be submitted to the Corps for verification that restoration is adequate. Restoration will be
considered satisfactory only upon receipt of the Corps' approval.
6. Monitoring is required as follows. At the anniversary of the completion of construction a
ided to the Corps analyzing the data and providing an executive summary of
report will be prov
impacts of the project and mitigation accomplished. The monitoring requirements will be
reviewed and modified as appropriate in conjunction with the Corps review of a maintenance
event.

a. The permittee shall establish a minimum of three permanent monitoring transccts
(minimum distance 600 feet) in Mason Creek to monitor biota (including macro invertebrates)
and Physical conditions. Pre -construction data will be collected.
b. The Pmmittee shall establish a minimum of one permanent monitoring station in Banks
Channel a minimum of 50 feet away from each side of the sediment basin to monitor biota
(including macro invertebrates) and water quality. Pre -construction data will be collected.
e. The permittee shall monitor a minimum of twelve transects (between mean high tide and
mean low tide along the beach disposal site) on Figure 8 Island for macro invertebrates and bird
usage. Pre -construction data will be collected.
7. The permittee shall cooperate with the North Carolina Division of Marine Fisheries
(NCDMF) oyster seeding program in the project area by providing dockage and loading facilities
for barges used in the NCDMF oyster seeding program. NCDMF will monitor this program to
insure that areas seeded are suitable for oyster seeding and seed about 10,000 bushels of oysters
annually until the first maintenance event. The Corps will evaluate this mitigation measure for
its effectiveness in offsetting fisheries impacts as part of their review of the first maintenance
event.
8. Dredging will be timed so that turbidities will be minimized to the maximum extent
practicable. (timed to avoid or halted just before and during storms and other periods of
potential high erosion, currents, and waves)
9. The placement of dredged material in the existing inlet and along the beach will be timed so
that turbidities will be minimized to the maximum extent practicable. (tined to avoid or halted
just before and during storms and otherperiods ofpotential high erosion, currents, and
waves)
10. The permittee shall not impact mature marsh on the north side of Mason Creek.
11. AlI sandbags and fragments will be removed from Shell Island Resort area and disposed of
properly in accordance with NCDCM requirements.
12. This Corps permit does not authorize the permittee to take an endangered species, in
particular the piping plover (Charadrius nielodus), the seabeach amaranth (Amaranthus
pumulis), the West Indian manatee (Trichechus ntanatus) the green sea turtle (Chelonia rnydas),
and the loggerhead sea turtle (Carelta caretta). In order to legally take a listed species, you must
have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA section 10
permit or a Biological Opinion (BO) under ESA section 7, with "incidental take" provisions with
which you must comply). The enclosed US Fish and Wildlife Service (Service) 130, dated
March 14, 2001, and BO amendment, dated September 5, 2001, contain mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with ,incidental
take" that is also specified in the 130. Your authorization under this Corps permit is conditional
upon your compliance with all of the mandatory terms and conditions associated with incidental
take of the attached BO, which terms and conditions are incorporated by reference in this permit
2

Failure to comply with the terms and conditions associated with incidental take of the BO,
where a take of the listed species occurs would constitute an unauthorized take, and it would
also constitute noncompliance with your Corps permit. However, the Service is the appropriate
authority to determine compliance with the terms and conditions of its BO, and with the ESA.
For further clarification on this point, you should contact the Service, Should the Service
determine that the conditions of the BO have been violated, normally the Service will enforce the
violation of the ESA, or refer the matter to the Department of Justice.
13. The permittee shall undertake the project with extreme care. If, during construction or any
maintenance event, submerged materials are encountered, the permittee shall move work to
another area and contact the Corps and the North Carolina Department of Cultural Resources
(NCDCR), Underwater Archaeology Unit immediately at [phone] to investigate and
determine the proper course of action. The Corps will advise the permittee when
construction/maintenance may resume in the area of the archaeological investigation.
14. Shipwreck site 0002MAT, the remains of a wooden sailing ship, is located approximately 200
yards north of the Shell island resort. Prior to beginning work on the project, the permittee shall
provide NCDCR with detailed plans for closure of the existing inlet. Upon receipt, NCDCR
staff members will attempt to pinpoint the present location and nature of site 0002MAI to assist
engineers of the proposed project in avoiding damage to the shipwreck.
Address: NC Department of Cultural Resources
Division of Archives and History
109 East .cones Street
Raleigh, North Carolina 27601-2807
15. The permittee shall implement compensatory wetland mitigation at the same time or prior to
beginning project construction as proposed in the applicant's mitigation plan, Attachment 5 of
the Corps' EA. Any deviation from the wetland mitigation plan will be coordinated with the
Corps and must receive specific approval before being implemented.
16. Within 30 days of permit issuance, the permittee shall develop and implement, in
consultation with the North Carolina Department of Environment and Natural Resources, the
North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, and the Audubon Society, subject to approval by the Corps, a
shorebird and waterbird management plan and biological monitoring plan with regard to issues
related to nesting, roosting, and foraging habitat. In the event the Corps determines that the
results of those studies indicate that remedial action is necessary, the permittee shall implement
any such remedial action directed by the Corps.
17._ The Wllrnington District routinely surveys the AIW including the portion at its
in with Mason Creek, in order to assess dredging needs for maintertanc of navigability,
of the ADM.T.lie pemiittee shall notify the Wilmington Dtstrict_.Rel;ulatnry Div,�.on two;
weeks prior to the coinmencement of construction, to allow the District to Perform a Su17 �y of
.the area of the A1.WW that will be potentially affected by the Proposed project.
3

18. Borings of the proposed work area did not reveal the presence of any unsuitable (non -beach
compatible) material. The equipment and techniques to be used by the contractors must allow
for the inspection of all materials. All material dredged from Mason Creek, and any additional
material that is determined to be unsuitable beach material will be pumped to the diked settling
area for removal of unsuitable material. The applicant shall test all dredged material for beach
compatibility, and provide the tests to the Corps for confirmation before placing material on the
beach. Material deemed to be non -beach compatible will not be placed on the beach or in the
Corps' dredged material islands, but will be removed from the project area and placed in a high
ground site that has received specific approval from the Corps, NCDCM, and the North Carolina
Division of Land Quality.
19. The permittee shall maintain the dike walls constructed around holding areas for dredged
material to eliminate the release or escape of dredged material. Failure of a dike wall will result
in the immediate cessation of pumping into the specific diked area. Repair work on dike walls
will not begin until specific permission is requested and received from the Corps and NCDCM
with the exception of work necessary to provide emergency repair of dike wall failures.
20. The pc=ttee shall comply with the attached US Coast Guard regulations.
21 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 Array or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permitter will be
required, upon due notice from the 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 or alteration-
4

In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, NO 20910-3282
at least two weeks prior to beginning work and upon completion of work.
22. The project will only be maintained for inlet stabilization purposes per the Inlet Management
Plan (Section 1.4 of the Corps EA).
23. The applicant will comply with all conditions of the 401 Water Quality Certification No.
3274, issued April 30, 2001 and modified on June 27, 2001 (Attachment 6 of the Corps' EA).
24. The applicant will comply with all conditions of the State Permit issued by NCDCM.
25. The permittee shall utilize bathymetric surveys and aerial photography required in
Condition 5 to determine the loss of intertidal areas as a result of project construction and
maintenance. Preproject surveys and post -construction and -maintenance surveys will be
provided to the Corps with all impacted intertidal areas tabulated. Annual monitoring reports,
provided to the Corps, North Carolina Department of Environment and Natural Resources, the
North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, and the
National Marine Fisheries Service, will provide bathymetric surveys and aerial photography
indicating the amount of intertidal areas in the project area. The permittee shall address any
difference between preproject intertidal areas and the amount of intertidal areas formed post -
construction and propose appropriate remediation in the third annual monitoring report and
update the analyses in each annual report thereafter.
Permit
7

COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington
zone. This list is not all-inclusive. We encourage dredge companies to schedule a meeting with
members of the USCG staff, in order to be provided amplifying information or answers to any
questions that nay exist. We also strongly encourage all Uninspected Towing Vessels (UTV)
associated with each dredging operation to participate in the USCG's UTV Voluntary
Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG staff
at [phone], extension 108, to coordinate a meeting or dockside exam.
I . Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock (33 CFR 98.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.31)
6, Uainspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164,72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118)

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636.3726
January 6, 2000
Ernie Jahnke
Regulatory Branch, Wilmington District
U. S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Ernie:
�r'5 lvE
DIVISION OF
""°NAGEMENT
Enclosed is the packet of reference literature referred to in our December 20, 1999, letter
regarding supplemental technical information for the Mason Inlet Relocation Project, Action I.D.
No. 199901052. Only selected portions of a few of the lengthier documents (Donoghue 1999;
Hackney et al. 1996; McCrary and Taylor (1986), Van Dolah and Knott 1984) are included since
they are either Corps documents or you should already have copies of them. Full copies of
Burgess (1993), Lindeman and Snyder (1999), Peterson et al. (In press), Ross and Lancaster
(1996), and Thieler et al. (1995) are enclosed.
Thank you for the opportunity to supply this additional technical information regarding this
project. Please contact me at [phone], extension 12, if you have any further questions or
comments.
Enclosed References (7)
Sincerely,
qII V)b'"
Tracy Monegan Rice
Geologist
Burgess, C. B. 1993. A hard rock oasis under the sea. Coastwatch. North Carolina Sea Grant
Program. Raleigh, NC. March/April 2-7.
Donoghue, C. R. 1999. The influence of swash processes on Donax variabilis and Emerita
talooida Ph.D. dissertation; University of Virginia, Department of Environmental
Sciences. 197p.
Hackney, C. T., M. H. Posey, S. W. Ross, and A. R. Norris (eds.). 1996. A review and synthesis

of data on surf zone fishes and invertebrates in the South Atlantic bight and the potential
impacts from beach nourishment. Prepared for the U.S. Army Corps of Engineers,
Wilmington District, Wilmington, NC. 11 Ip.
Lindeman, K. C. and D. B. Snyder. 1999. Nearshore hardbottom fishes ofsoutheast Florida
and effects of habitat burial caused by dredging. Fish. Bull. 97:508-525.
*McCrary, A.B. and A.Y. Taylor. 1986. Macroinfauna study - Fort Fisher, North Carolina.
Unpublished report. University of North Carolina at Wilmington, Wilmington, NC.
Submitted to the U.S. Army Corps of Engineers, Wilmington, NC. 25p.
Peterson, C. H., D. H. M. Hickerson, and G. G. Johnson. In press. Short-term consequences of
nourishment and bulldozing on the dominant large invertebrates of the sandy beach.
Journal of Coastal Research.
Ross, S. W. and J. E. Lancaster. 1996. Movements ofjuvenile fishes using surfzone nursery
habitats and the relationship ofmovements to beach nourishment along a North Carolina
beach: Pilot project. National Oceanic and Atmospheric Administration Award No.
NA570ZO318. 31p.
Thieler, E. R., A. L. Brill, W. J. Cleary, C. H. Hobbs III, and R. A. Gammisch. 1995. Geology
of the Wrightsville Beach, North Carolina shoreface: Implications for the concept of
shoreface profile of equilibrium. Marine Geology 126:271-287.
*Van Dolah, R.F. and D. M. Knott. 1984. A biological assessment of beach and nearshore
areas along the South Carolina Grand Strand. Marine Resources Division. South
Carolina Wildlife and Marine Resources Department, Charleston, SC. 59p.
*Not enclosed
cc (with enclosures):
New Hanover County, Wilmington, NC (Greg Thompson)
Applied Technology and Management, Inc., Wilmington, NC (Karyn Erickson)
Land Management Group, Inc., Wilmington, NC (Steve Morrison)
SELC, Chapel Hill, NC (Trip Van Noppen) „d �/ k24 h
NC DCM, Raleigh, NC (Doug Huggett)
NC DCM, Wilmington, NC (Bob Stroud) J0 1 0 2000
NC WRC, Trenton, NC (David Allen) D,
NC DWQ, Raleigh, NC (John Domey) DIVISION OF
NMFS, Beaufort, NC (Larry Hardy) '16ASTAL MANAGEMENT
EPA, Atlanta, GA (Kathy Mathews)
FWS/R4:TMRice:TMR:01/05/00:919/856-4520 extension 12:\references.wpd