20011868 Ver 2_CAMA Application_20180313

ADJACENT RIPARIAN PROPERTY OWNER NOTICE
Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
The Town of Sunset Beach (Town) has applied for a Coastal Area Management Act (LAMA) Permit to
conduct maintenance dredging in Mary's and Turtle Creek in locations approximately shown in Figure 1.
The Town must provide this notification as part of the permitting process to all adjacent riparian property
owners to allow an opportunity for comment on the project. The complete permit application may be
obtained in digital format from the Town's website at www.sunsetbeachnc.gov. In addition, a hard copy
may be provided upon request to Ms. Susan Parker, Town Administrator, Town of Sunset Beach, 700
Sunset Blvd. N. Sunset Beach, NC 28468, [phone], or via email at sparkerksunsetbeachnc.gov.
Comments on the application may be provided to Mr. Sean Farrell, NC Division of Coastal Management
(DCM) at 127 Cardinal Drive Ext. Wilmington, NC 28405-3845, 910-796-7424 or via email at
[e-mail]. Please note, DCM will receive comments for a 30 -day period from the date of
your receipt of this notice. If no comments are provided within the 30 -day period, the DCM will consider
the response as `no objection'.
The proposed dredging is described below:
Mary's and Turtle Creeks — The maintenance dredging activities will follow the same template as
pervious permits for both water bodies. The dredging will connect to the Atlantic Intracoastal Waterway
(AIWW) at a maximum (deepest) elevation of -6 MLW. The template gradually decreases to — 4 MLW at
the channel's landward terminus. The dredging in Mary's Creek will create a 60 -ft wide channel at the
confluence with the AIWW and reduce to 40 -ft wide at the channels landward terminus. The maintenance
channel in Turtle Creek will maintain a 40 -ft width for the entirety. Both channels will be `box -cut' initially
in efforts to minimize the dredging footprint. However, the channel banks should equilibrate or adjust to an
approximate 3:1 (Horizontal: Vertical) slope.
Both Mary's and Turtle Creek carry the designation of Primary Nursery Area (PNA) as defined by the
North Carolina Division of Marine Fisheries (DMF). DMF designates areas of increased environmental
concern as PNA to help protect the sensitive habitat and discourage dredging activities. However, both
Mary's and Turtle Creek have previously been dredged on multiple occasions under authorized permits
from the North Carolina Department of Environmental Quality (DEQ) and the US Army Corps of Engineers
(USACE). Permit 22-02 provides the most recent authorization from DEQ (formally known as the
Department of Environment and Natural Resources) and was issued on February 26, 2002. Additional state
authorizations reference back to permits 73-87 and 241-87. These permit references indicate both
authorizations occurred in 1987; however, a records search only produced permit 73-87. Permit 73-87
covers the dredging of Turtle Creek and therefore permit 241-87 most likely authorizes the dredging of
Mary's Creek. Identified previous federal authorizations also date back to 1987, when the Wilmington
District USACE authorized the dredging of Turtle Creek under action SAWC087-N-0 10-0 159.
The maintenance dredging will remove approximately 16,000 cubic yards of sediment to restore the
navigation depth of both Mary's and Turtle Creek. The dredge material will be placed in material placement
island 311 or 310, as shown on Figure 1.

Inm
r rR AW.
f�
COASTAL
ATLwA' ,W y (AV*
FENDER
BRUNSWICK } AC
NOT TO SCALE
v
MATERIAL
PLACEMENT
ISLAND 310
TUBBS`�'
INLET
2016 AERIAL PROVIDED BY NC ONEMAP
TOWN OF SUNSET BEACH
NAVIGATION PROJECT
MAINTENANCE DREDGING OF MARY'S & TURTLE CREEK
FIG. 1 LOCATION MAP

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
Town of Sunset Beach, NC
700 Sunset Boulevard North
Sunset Beach, NC 28468
10.579.6297 ext 1004
sparker(a-)sunsetbeachnc.gov
Moffatt & Nichol,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Maintenance Dredging of Mary's & Turtle Creek
at my property located in the Town of Sunset Beach, NC,
in Brunswick County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Susan Parker
Print or Type Name
Town Administrator
Title
4-62� - 9 17
Date
This certification is valid through January / 01 / 2019

iidituffiIF-LusW-11iIFfm
VICINITY MAP
PRO✓ECT TITLE TOWN OF SUNSET BEACH NAVIGATION PROJECTml:
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
L
0 10 20
5 15 25
SCALE IN MILES
BRUNSWICK COUNTY
SUNSET BEACH �J HOLDEN BEACH
LOCKWOODS
SHALLOTTE FOLLY INLET
INLET
OCEAN ISLE
BEACH
nTUBBS INLET LONG BAY
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE.' DECEMBER 2017
L
PROJECT AREA
SOvTNpORT SUppLI
SOUTHP
OAK ISLAND
CASWELL BEACH
A TLAN T I C O CEA N
LOCATION MAP
SHEET TITLE -
VICINITY AND LOCATION MAPS
4
.OW BAY
0 2 4
1 3 5
SCALE IN MILES
SHEET
1
of -
6
F6

SPOIL DISPOSAL
• THE AUTHORIZED SPOIL DISPOSAL AREA MUST BE INSPECTED AND APPROVED
ON-SITE BY A REPRESENTATIVE OF THE DIVISION OF COASTAL MANAGEMENT
(DCM) PRIOR TO THE INITIATION OF ANY DREDGING ACTIVITIES.
• ALL EXCAVATED MATERIALS WILL BE CONFINED ABOVE MEAN HIGH WATER
(MHW) AND LANDWARD OF REGULARLY OR IRREGULARLY FLOODED MARSH
BEHIND ADEQUATE DIKES OR OTHER RETAINING STRUCTURES TO PREVENT
SPILLOVER OF SOLIDS INTO ANY MARSH OR SURROUNDING WATERS.
• THE DISPOSAL AREA EFFLUENT WILL BE CONTAINED BY PIPE, TROUGH, OR
SIMILAR DEVICE TO A HORIZONTAL DISTANCE WATERWARD OF THE MEAN LOW
WATER (MLW) LEVEL TO PREVENT GULLY EROSION AND UNNECESSARY
SILTATION.
• THE TERMINAL END OF THE DREDGE PIPELINE WILL BE POSITIONED AT OR
GREATER THAN 50 FT FROM ANY PART OF THE DIKE AND A MAXIMUM
DISTANCE FORM SPILLWAYS TO ALLOW SETTLEMENT OF SUSPENDED SEDIMENTS.
• A WATER CONTROL STRUCTURE (WEIR) WILL BE INSTALLED AT THE INTAKE END
OF THE EFFLUENT PIPE. THE WATER STRUCTURE WILL BE CONSTRUCTED SO IT
CAN BE ADJUSTED TO CONTROL THE SETTLING TIME ALLOWED FOR THE DREDGE
EFFLUENT. AT ANY TIME WATER QUALITY STANDARDS (TURBIDITY) APPEAR TO
BE EXCEEDED, THE SETTLING TIME WILL BE INCREASED BY THE CONTROL
STRUCTURE TO MEET COMPLIANCE WITH THE WATER QUALITY STANDARDS
(TURBIDITY).
• THE DIKE DISPOSAL AREA WILL BE CONSTRUCTED A SUFFICIENT DISTANCE
FROM THE MHW LEVEL OR ANY MARSH HABITAT TO CLIMINATE THE POSSIBILITY
OF DIKE EROSION INTO SURROUNDING WETLANDS OR WATERS.
• THE DISPOSAL AREA WILL BE PROPERLY GRADED AND PROVIDED A GROUND
COVER SUFFICIENT TO RESTRAIN EROSION WITHIN 30 WORKING DAYS OF
PROJECT COMPLETION.
• THE CONTAINMENT DIKE WILL BE MAINTAINED TO PROVIDE A MINIMUM OF
1 -FOOT OF FREEBOARD FROM THE TOP OF BERM DOWN TO THE STILL WATER
LEVEL OF THE DREDGE EFFLUENT.
• DREDGING AND DISPOSAL OPERATIONS MUST IMMEDIATELY SHUTDOWN IN THE
EVENT ANY ERODED MATERIALS OR DREDGE EFFLUENT SPILLS INTO ADJACENT
WETLANDS, MARSH HABITAT, WATERCOURSES, OR PROPERTY, INCLUSIVE OF
THE ADJACENT PRIMARY NURSERY AREA (PNA).
PIPELINE CORRIDOR
• THE DREDGE EFFLUENT PIPELINE SHALL BE ANCHORED A MINIMUM DISTANCE
OF 5 -FT WATERWARD OF THE MLW CONTOUR AND MARKED (LIGHTED) A
MINIMUM OF EVERY 500 FEET, OR AS RECOMMENDED BY THE USCG. THE
PIPELINE SHALL CROSS ALL NAVIGABLE WATERWAYS PERPENDICULAR TO THE
NAVIGATION CORRIDOR AND SHALL ENTER THE MATERIAL PLACEMENT ISLANDS
PERPENDICULAR TO THE SHORELINE WHERE ANY MARSH MAY BE PRESENT. THE
PIPELINE SHALL AVOID ANY KNOWN AND EXISTING OYSTER BEDS TO THE
EXTENT REASONABLE.
• THE EFFLUENT PIPELINE SHALL BE INSPECTED A MINIMUM OF ONCE EVERY 4
HRS OF OPERATION FOR LEAKS, SPILLS AND POSITION SHIFTS. DREDGING
OPERATIONS SHALL CEASE IMMEDIATELY UPON DISCOVERY OF ANY SPILLS OR
LEAKS UNTIL THE APPROPRIATE REPAIRS CAN BE MADE TO STOP SAID LEAKS
OR SPILLS.
• THE DREDGE EFFLUENT PIPELINE SHALL BE ANCHORED AT THE DEEPEST DEPTH
AVAILABLE AT ALL NAVIGATION CROSSINGS. THE PIPELINE SHALL BE MARKED
WITH BUOYS A MINIMUM OF EVERY 25 -FT OR A MINIMUM OF 3 BUOYS PER
CROSSING. SIGNAGE SHALL ALSO BE VISIBLE IN BOTH DIRECTIONS OF TRAVEL
INDICATING CAUTION FOR A PIPELINE CROSSING.
• THE DREDGE PIPELINE SHALL NOT BLOCK NAVIGATION AND SHALL LEAVE A
MINIMUM OF 4 -FT OF CLEARANCE BELOW MLW AT ALL NAVIGATION CROSSINGS.
PRO✓ECT TITLE.- TOWN OF SUNSET BEACH NAVIGATION PROJECT:
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DATUM: MLW
PREPARED 8Y.- MOFFATT & NICHOL
THE DREDGE EFFLUENT PIPELINE SHALL NOT BE PLACED LANDWARD OF MLW
DURING ANY AREA WHERE OYSTER HABITAT OR MARSH HABITAT IS VISIBLE.
THE PIPELINE SHALL ENTER THE DISPOSAL ISLAND AS APPROVED BY THE
ENGINEER OR FROM THE ATLANTIC INTRACOASTAL WATERWAY, THE PIPELINE
MAY NOT BE ALLOWED TO ENTER THE DISPOSAL ISLAND FROM JINKS CREEK OR
ANY OTHER WATERBODY.
Control
Table — Mary's
Centerline
Creek
Station
Easting
Northing
0+00
2149070.09
48488.81
5+50
2148873.96
49002.65
8+00
2148777.43
49233.26
9+00
2148707.19
49304.44
10+75
2148548.45
49378.11
Estimated
Volume
Design:
6,300 C
Overdepth:
1,800 C
Total:
8,100 CY
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE.' DECEMBER 2017
Control
Table — Turtle
Centerline
Creek
Station
Easting
Northing
0+00
2150834.99
49024.08
3+50
2150732.81
49358.83
6+25
2150738.42
49633.77
11+00
2150697.08
50106.97
Estimated
Volume
Design:
6,300 C Y
Overdepth:
1,500 CY
Total:
7,800 C Y
SHEET TITLE -
GENERAL NOTES AND CONTROL TABLES
SHEET
2
of -
6
F6

SHEET 4
SHEET 4 "-
N
TURTLE CREEK 40
MARY'S AND TURTLE CREEK
DREDGE MATERIAL PIPELINE
CORRIDOR, SEE NOTE
+++++++++++++++++j (AIWW) mom
+++++++++
+++++++++++++++
+ += + + +
rm="<' �+ + +(
RooVIP1 I L-1\1/-\L-
MATERIAL
I\IPtLMATERIAL PLACEMENT
I PLACEMENT ISLAND 310
ISLAND 311
0
w
m
w
un
z
un
PR0✓ECT TITLE.- TOWN OF SUNSET BEACH NAVIGATION PROJECT:
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY- MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE.' DECEMBER 2017
0
NOTE:
MARY'S AND TURTLE CREEK DREDGE MATERIAL
PIPELINE CORRIDOR (DREDGE EFFLUENT PIPELINE TO
BE ANCHORED A MINIMUM HORIZONTAL DISTANCE OF
5 FEET WATERWARD FROM MLW CONTOUR AND
MARKED FOR NAVIGATION HAZARD A MINIMUM OF
EVERY 500 FEET) THE PIPELINE SHALL CROSS ALL
NAVIGABLE WATERWAYS PERPENDICULAR TO THE
NAVIGATION CORRIDOR AND SHALL ENTER THE
MATERIAL PLACEMENT ISLANDS PERPENDICULAR TO
THE SHORELINE WHERE ANY MARSH MAYBE PRESENT.
THE PIPELINE SHALL AVOID ANY KNOW AND EXISTING
OYSTER BEDS TO THE EXTENT.
SHEET TITLE -
KEY MAP
400' 0' 400' 800'
SCALE: 1"=800'
SHEET
3
OF -
6
F6
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2016 AERIALS BY NC ONEMAP
PR0✓ECT TITLE.- TOWN OF SUNSET BEACH NAVIGATION PROJECT:
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY- MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE.' DECEMBER 2017
0
NOTE:
MARY'S AND TURTLE CREEK DREDGE MATERIAL
PIPELINE CORRIDOR (DREDGE EFFLUENT PIPELINE TO
BE ANCHORED A MINIMUM HORIZONTAL DISTANCE OF
5 FEET WATERWARD FROM MLW CONTOUR AND
MARKED FOR NAVIGATION HAZARD A MINIMUM OF
EVERY 500 FEET) THE PIPELINE SHALL CROSS ALL
NAVIGABLE WATERWAYS PERPENDICULAR TO THE
NAVIGATION CORRIDOR AND SHALL ENTER THE
MATERIAL PLACEMENT ISLANDS PERPENDICULAR TO
THE SHORELINE WHERE ANY MARSH MAYBE PRESENT.
THE PIPELINE SHALL AVOID ANY KNOW AND EXISTING
OYSTER BEDS TO THE EXTENT.
SHEET TITLE -
KEY MAP
400' 0' 400' 800'
SCALE: 1"=800'
SHEET
3
OF -
6
F6

I
`2016 AERIALS BY NC ONEMAP
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECTml:
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BK MOFFATT & NICHOL
L
DREDGE
LI M I TS, TYP
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE.• DECEMBER 2017
L
r_
4 { y f
'. 6 -
12
LLJ
yTl- J
7 40,
s TYP
0
DREDGE
LIMITS, TYP
TURTLE CREEK S
BOX CUT SIDE SLOPES
BOTTOM ELEVATION VARIE
SHEET TITLE -
DREDGE PLAN
80' 0' 80' 160'
SCALE: I"=160'
� N 0
SHEET
4
of -
6
F6

PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
OVER REDGE (0 )
�
I
SECTION B
APPROX.
EXIST.
GRADE
N
VD 2.94
I
D
EL -4.0
SECTION D
I
OD EL -
.0
EXIST. G
10
DESIGN
DREDGE (D
)
I
10
10
10
.0
OD EL
-6.0
DESIGN
ALIGNMENT
)
t7t
DESIGN
OVER
DREDGE (OD)
OV
R DREDGE
(OD)
5
-5
5
-517
J
J
0
0
0
0
0
0
Q
Q
>
>
w
J
w
J
w
wT/o
-5
-5
-5
-5-/7
-10
-10
-10
-10
-50
0+00
50
-50
0+00
50
DISTANCE (FEET)
DISTANCE (FEET)
SECTION A
SECTION C
10
10
10
10
5
-5
5
-5
17
J
J
0
0
0
0
0
0
F-
Q
a
>
w
>
w
J1711
w
J
w
—5
—5
—5
—5
—10
—10
—10
—10
-50
0+00
50
-50
0+00
50
DISTANCE (FEET)
DISTANCE (FEET)
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
OVER REDGE (0 )
�
I
APPROX.
EXIST.
GRADE
N
VD 2.94
I
D
EL -4.0
GRADE
I
OD EL -
.0
EXIST. G
ADE
DESIGN
DREDGE (D
)
I
I
/
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
OVER REDGE (0 )
� ALIGNMENT
I
APPROX.
NAVD 2.94
NAV
2.94
I
-3.0
APPROX.
GRADE
OD EL -
.0
EXIST. G
ADE
OVER
DD EL
-5.0
I
/
I
OD EL -
.0
OD EL
-6.0
DESIGN
DREDGE (D
)
t7t
DESIGN
OVER
DREDGE (OD)
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
OVER REDGE (0 )
� ALIGNMENT
I
APPROX.
GRADE
NAV
2.94
DD EL
-3.0
EXIST.
GRADE
OD EL -
.0
OVER
DD EL
-5.0
I
OD EL -
.0
DESIGN
DREDGE (
D)
OV
R DREDGE
(OD)
DD EL -5.0
� ALIGNMENT
I
APPROX.
EXIST.
GRADE
NAV
2.94
DD EL
-3.0
I
OD EL -
.0
OVER
DREDGE
(OD) -//l
SHEET TITLE -
TYPICAL SECTIONS -SHEET 1 OF 2
15' 0' 15' 30'
SCALE: 1"-30'
SHEET
5
of -
6
F6

PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
SHEET TITLE -
TYPICAL SECTIONS -SHEET 2 OF 2
15' 0' 15' 30'
SCALE: 1"-30'
SHEET
6
of -
6
F6
�
I
SECTION F
APPROX.
EXIST. GRADE
N
l
VD 2.94
10
D
OVER
EL -3.0
DEL -5.0
I
10
.0
DREDGE (0
)
I
ALIGNMENT
I
5
-5
0
0
0
Q70/
w
J
w
-5
-5
-10
-10
-50
0+00
50
DISTANCE (FEET)
SECTION E
10
10
5
-5
J
12
0
0
0
F-
wQ
w
J
—5
—5
DESIGN
DREDGE (D[))
OVER
DREDGE (OL)
-10
-10
-50
0+00
50
DISTANCE (FEET)
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
SHEET TITLE -
TYPICAL SECTIONS -SHEET 2 OF 2
15' 0' 15' 30'
SCALE: 1"-30'
SHEET
6
of -
6
F6
�
I
APPROX.
EXIST. GRADE
N
l
VD 2.94
2.94
D
OVER
EL -3.0
DEL -5.0
I
OD EL -
.0
DREDGE (0
)
I
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
SHEET TITLE -
TYPICAL SECTIONS -SHEET 2 OF 2
15' 0' 15' 30'
SCALE: 1"-30'
SHEET
6
of -
6
F6
� ALIGNMENT
I
APPROX.
EXIST. GRADE
NAVD
2.94
DEL -5.0
I
OD EL -6.
I
PRO✓ECT TITLE: TOWN OF SUNSET BEACH NAVIGATION PROJECT.
MAINTENANCE DREDGING OF
MARY'S AND TURTLE CREEK
DA TUM.- MLW
PREPARED BY MOFFATT & NICHOL
PREPARED FOR: TOWN OF SUNSET BEACH
NORTH CAROLINA
DA TE. DECEMBER 2017
L
SHEET TITLE -
TYPICAL SECTIONS -SHEET 2 OF 2
15' 0' 15' 30'
SCALE: 1"-30'
SHEET
6
of -
6
F6

5MI
all
ACCUTEST
Southeast
SGS ACCUTEST IS PART OF SGS, THE WORLD'S LEADING INSPECTION,
VERIFICATION, TESTING AND CERTIFICATION COMPANY. Uq
Technical Report for
Catlin Engineers & Scientists
215122; Sunset Beach, NC
SGS Accutest Job Number: FA36573
Sampling Date: 08/30/16
Report to:
Catlin Engineers & Scientists
220 Old Dairy Rd
Wilmington, NC 28405
mike. e. mason@catlinusa. com; Corey. futral@catlinus . com;
steve. hudson@catlinusa. com; rick. garrett@catlinusa. -,om
ATTN: Mike Mason
Total number of pages in report: 77
Test results contained within this data package meet the requirements
of the National Environmental Laboratory Accreditation Program
and/or state specific certification programs as applicable.
Client Service contact: Michael Page 407-425-6700
e -Hardcopy 2.0
Automated Report
Norm Farmer
Technical Director
Certifications: FL (E83510), LA (03051), KS (E-10327), IA (366), IL (200063), NC (573), NJ (FLO02), SC (96038001)
Dol) ELAP (L -A-13 L2229), CA (2937), TX (T104704404), PA (68-03573), VA (460177),
AK, AR, GA, KY, MA, NV, OK, UT, WA
This report shall not be reproduced, except in its entirety, without the written approval of SGS Accutest.
Test results relate only to samples analyzed.
Southeast • 4405 Vineland Road • Suite C-15 • Orlando, FL 32811 • tel: [phone] • fax: [phone] • http://www.accutest.com
SGS , of 77
SGS Accutest is the sole authority for authorizing edits or modifications to this document. ACCUTEST
Unauthorized modification of this report is strictly prohibited. FA36573

Sections:
Table of Contents
1
Section1: Sample Summary...................................................................................................
3
Section 2: Case Narrative/Conformance Summary..............................................................
4
Section3: Summary of Hits....................................................................................................
7
Section4: Sample Results........................................................................................................
9
4.1: FA36573-1: G12...........................................................................................................
10
4.2: FA36573-2: V23242526...............................................................................................
16
4.3: FA36573-3: V2022.......................................................................................................
22
4.4: FA36573-4: V1618.......................................................................................................
28
Section5: Misc. Forms............................................................................................................
34
5.1: Certification Exceptions (DOD)....................................................................................
35
5.2: Chain of Custody...........................................................................................................
36
5.3: QC Evaluation: DOD QSM5 Limits..............................................................................
39
Section 6: GUMS Semi -volatiles - QC Data Summaries.....................................................
45
6.1: Method Blank Summary................................................................................................
46
6.2: Blank Spike Summary...................................................................................................
47
6.3: Matrix Spike/Matrix Spike Duplicate Summary...........................................................
48
Section 7: GC Volatiles - QC Data Summaries.....................................................................
49
7.1: Method Blank Summary................................................................................................
50
7.2: Blank Spike/Blank Spike Duplicate Summary..............................................................
51
7.3: Duplicate Summary.......................................................................................................
52
Section 8: GC Semi -volatiles - QC Data Summaries............................................................
53
8.1: Method Blank Summary................................................................................................
54
8.2: Blank Spike Summary...................................................................................................
56
8.3: Blank Spike/Blank Spike Duplicate Summary..............................................................
58
8.4: Matrix Spike/Matrix Spike Duplicate Summary...........................................................
59
8.5: Duplicate Summary.......................................................................................................
60
Section9: Metals Analysis - QC Data Summaries................................................................
61
9.1: Prep QC MP30803: Sb,As,Be,Cd,Cr,Cu,Pb,Ni,Se,Ag,T1,Zn........................................
62
9.2: Prep QC MP30806: Hg..................................................................................................
68
Section 10: General Chemistry - QC Data Summaries........................................................
73
10.1: Method Blank and Spike Results Summary................................................................
74
10.2: Duplicate Results Summary........................................................................................
75
10.3: Matrix Spike Results Summary...................................................................................
76
10.4: Matrix Spike Duplicate Results Summary..................................................................
77
SGS AC2 of 77
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FA36573

SGS Accutest
Sample Summary
Catlin Engineers & Scientists
215122; Sunset Beach, NC
Job No: FA36573
Sample Collected Matrix Client
Number Date Time By Received Code Type Sample I D
FA36573-1 08/30/16 07:45 SM 08/31/16 SO Soil G12
FA36573-2 08/30/16 08:00 SM 08/31/16 SO Soil V23242526
FA36573-3 08/30/16 08:30 SM 08/31/16 SO Soil V2022
FA36573-4 08/30/16 10:00 SM 08/31/16 SO Soil V1618
Soil samples reported on a dry weight basis unless otherwise indicated on result page.
SGS AC3 of 77
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FA36573

M
SAMPLE DELIVERY GROUP CASE NARRATIVE
Client: Catlin Engineers & Scientists Job No: FA36573
Site: 215122; Sunset Beach, NC Report Date 9/15/2016 1:27:24 PM
4 Samples were collected on 08/30/2016 and were received at SGS Accutest Southeast (SASE) on 08/31/2016 properly preserved, at 3.8
Deg. C and intact. These Samples received an SASE job number of FA36573. A listing of the Laboratory Sample ID, Client Sample ID
and dates of collection are presented in the Results Summary Section.
Except as noted below, all method specified calibrations and quality control performance criteria were met for this job. For more
information, please refer to QC summary pages.
Extractables by GCMS By Method SW846 8270D BY SIM
Matrix: SO Batch ID: OP61755
All samples were extracted within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36590-2MS, FA36590-2MSD were used as the QC samples indicated.
Matrix Spike Duplicate Recovery(s) for Benzo(a)pyrene, Benzo(g,h,i)perylene, Fluoranthene are outside control limits. Probable
cause is due to matrix interference. For method performance in a clean matrix, refer to Blank Spike.
Volatiles by GC By Method MADEP VPH REV 1.1
Matrix: SO Batch ID: GUU879
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36289-2RDUP was used as the QC samples indicated.
Sample(s) FA36573-2 has surrogates outside control limits. Probable cause is due to matrix interference.
FA36573-2 for BFB: Outside control limits due to moisture content.
Extractables by GC By Method MADEP EPH REV 1.1
Matrix: SO Batch ID: OP61759
All samples were extracted within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36453-21RDUP was used as the QC samples indicated.
Extractables by GC By Method SW846 8081B
Matrix: SO Batch ID: OP61809
All samples were extracted within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36725-3MS, FA36725-3MSD, OP61809-MSMSD were used as the QC samples indicated.
Matrix Spike / Matrix Spike Duplicate Recovery(s) for alpha -BHC, Endosulfan-I, Endrin aldehyde are outside control limits.
Probable cause is due to matrix interference. For method performance in a clean matrix, refer to Blank Spike.
FA36573-1: Dilution required due to matrix interference.
FA36573-2: Dilution required due to matrix interference.
FA36573-3: Dilution required due to matrix interference.
FA36573-4: Dilution required due to matrix interference.
FA36573-1 for 4,4' -DDD: Associated CCV outside control limits.
Thursday, September 15, 2016
Page 1 of 3
SGS AC4 of 77
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FA36573

Extractables by GC By Method SW846 8O81B
Matrix: SO Batch ID: OP61809
FA36573-1 for alpha -BHC: Associated CCV outside control limits.
FA36573-1 for beta -BHC: Associated CCV outside control limits.
FA36573-1 for gamma -BHC (Lindane): Associated CCV outside control limits.
FA36573-2 for 4,4' -DDD: Associated CCV outside control limits.
FA36573-2 for alpha -BHC: Associated CCV outside control limits.
FA36573-2 for beta -BHC: Associated CCV outside control limits.
FA36573-2 for gamma -BHC (Lindane): Associated CCV outside control limits.
FA36573-3 for 4,4' -DDD: Associated CCV outside control limits.
FA36573-3 for alpha -BHC: Associated CCV outside control limits.
FA36573-3 for beta -BHC: Associated CCV outside control limits.
FA36573-3 for gamma -BHC (Lindane): Associated CCV outside control limits.
FA36573-4 for 4,4' -DDD: Associated CCV outside control limits.
FA36573-4 for alpha -BHC: Associated CCV outside control limits.
FA36573-4 for beta -BHC: Associated CCV outside control limits.
FA36573-4 for gamma -BHC (Lindane): Associated CCV outside control limits.
OP61809-MSD for Chlordane: Reported for replicate purposes only.
Metals By Method SW846 6O10D
Matrix: SO Batch ID: MP30803
All samples were digested within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36573-1DUP, FA36573-1MS, FA36573-1MSD, FA36573-1PS, FA36573-1SDL were used as the QC samples for
metals.
Matrix Spike / Matrix Spike Duplicate Recovery(s) for Antimony are outside control limits. Probable cause is due to matrix
interference. For method performance in a clean matrix, refer to Blank Spike.
RPD(s) for Duplicate for Selenium are outside control limits for sample MP30803-D1. RPD acceptable due to low duplicate and
sample concentrations.
RPD(s) for MSD for Antimony, Arsenic, Beryllium, Cadmium, Copper, Lead, Nickel, Selenium, Silver, Thallium are outside control
limits for sample MP30803-S2. High RPD due to possible sample non -homogeneity.
RPD(s) for Serial Dilution for Selenium, Silver are outside control limits for sample MP30803-SDI. Percent difference acceptable
due to low initial sample concentration (< 50 times IDL).
MP30803-SDI for Arsenic: Serial dilution indicates possible matrix interference.
MP30803-SDI for Chromium: Serial dilution indicates possible matrix interference.
MP30803-SD1 for Copper: Serial dilution indicates possible matrix interference.
MP30803-SD1 for Nickel: Serial dilution indicates possible matrix interference.
MP30803-SD1 for Zinc: Serial dilution indicates possible matrix interference.
Metals By Method SW846 7471B
Matrix: SO Batch ID: MP30806
All samples were digested within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36550-1DUP, FA36550-IMS, FA36550-1MSD, FA36550-1SDL were used as the QC samples for metals.
RPD(s) for Serial Dilution for Mercury are outside control limits for sample MP30806-SD1. Percent difference acceptable due to low
initial sample concentration (< 50 times IDL).
Wet Chemistry By Method SM19 2540G
Matrix: SO Batch ID: GN72201
Sample(s) FA36572- I ODUP was used as the QC samples for Solids, Percent.
Thursday, September 15, 2016
Page 2 of 3
SGS AC5 of 77
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FA36573

Wet Chemistry By Method SW846 9060A M
Matrix: SO Batch ID: GP28469
All samples were prepped within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36573-4MS, FA36573-4MSD were used as the QC samples for Total Organic Carbon.
Wet Chemistry By Method SW846 9071B
Matrix: SO Batch ID: GP28464
All samples were prepped within the recommended method holding time.
All samples were analyzed within the recommended method holding time.
All method blanks for this batch meet method specific criteria.
Sample(s) FA36573-3DUP, FA36573-3MS were used as the QC samples for HEM Oil and Grease.
SGS Accutest (SASE) certifies that this report meets the project requirements for analytical data produced for the samples as received at
SASE and as stated on the COC. SASE certifies that the data meets the Data Quality Objectives for precision, accuracy and completeness
as specified in the SASE Quality Manual except as noted above. This report is to be used in its entirety. SASE is not responsible for any
assumptions of data quality if partial data packages are used
Narrative prepared by:
Date: September 15, 2016
Lovelie Metzgar, QA Officer (signature on file)
Thursday, September 15, 2016
Page 3 of 3
SGS AC6 of 77
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FA36573

Summary of Hits
Job Number:
FA36573
Account:
Catlin Engineers & Scientists
Project:
215122; Sunset Beach, NC
Collected:
08/30/16
Lab Sample ID Client Sample ID Result/
Analyte Qual RL MDL Units Method
Page 1 of 2
FA36573-1 G12
Benzo(a)anthracene
0.0189 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Benzo(a)pyrene
0.0286 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Benzo(b)fluoranthene
0.0473 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Benzo(g,h,i)perylene
0.0221 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Benzo(k)fluoranthene
0.0388 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Chrysene
0.0338 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Indeno(1,2,3-cd)pyrene
0.0236 J
0.063
0.016
mg/kg
SW846 8270D BY SIM
Arsenic
16.5
1.6
mg/kg
SW846 6010D
Beryllium
1.0
0.81
mg/kg
SW846 6010D
Chromium
51.1
1.6
mg/kg
SW846 6010D
Copper
19.4
4.0
mg/kg
SW846 6010D
Lead
20.9
3.2
mg/kg
SW846 6010D
Nickel
11.2
6.5
mg/kg
SW846 6010D
Zinc
64.4
3.2
mg/kg
SW846 6010D
Total Organic Carbon
178000
4800
mg/kg
SW846 9060A M
FA36573-2 V23242526
Arsenic
6.2
0.88
mg/kg
SW846 6010D
Chromium
24.3
0.88
mg/kg
SW846 6010D
Copper
7.5
2.2
mg/kg
SW846 6010D
Lead
7.8
1.8
mg/kg
SW846 6010D
Nickel
4.6
3.5
mg/kg
SW846 6010D
Zinc
23.8
1.8
mg/kg
SW846 6010D
Total Organic Carbon
65500
2100
mg/kg
SW846 9060A M
FA36573-3 V2022
Arsenic
15.7
1.2
mg/kg
SW846 6010D
Beryllium
0.94
0.62
mg/kg
SW846 6010D
Chromium
48.7
1.2
mg/kg
SW846 6010D
Copper
11.6
3.1
mg/kg
SW846 6010D
Lead
23.9
2.5
mg/kg
SW846 6010D
Nickel
11.8
5.0
mg/kg
SW846 6010D
Zinc
51.0
2.5
mg/kg
SW846 6010D
Total Organic Carbon
111000
2800
mg/kg
SW846 9060A M
FA36573-4 V1618
Toluene
0.112 J
0.21
0.11
mg/kg
MADEP VPH REV 1.1
Arsenic
3.4
0.58
mg/kg
SW846 6010D
Beryllium
0.30
0.29
mg/kg
SW846 6010D
Chromium
17.0
0.58
mg/kg
SW846 6010D
SGS AC7 of 77
CUTEST
FA36573

Summary of Hits
Job Number:
FA36573
Account:
Catlin Engineers & Scientists
Project:
215122; Sunset Beach, NC
Collected:
08/30/16
Lab Sample ID Client Sample ID Result/
Analyte Qual RL MDL Units Method
Copper
3.7
1.4
mg/kg
SW846 6010D
Lead
6.0
1.2
mg/kg
SW846 6010D
Nickel
3.3
2.3
mg/kg
SW846 6010D
Zinc
16.3
1.2
mg/kg
SW846 6010D
Total Organic Carbon
33700
1600
mg/kg
SW846 9060A M
Page 2 of 2
SGS AC8 of 77
CUTEST
FA36573

ACCUTEST
Southeast
Sample Results
Report of Analysis
Section 4
SGS AC9 of 77
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SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Method: SW846 8270D BY SIM SW846 3546 Percent Solids: 21.0
Project: 215122; Sunset Beach, NC
Page 1 of 1
File ID DF Analyzed By Prep Date Prep Batch Analytical Batch
Run #1 W094789.13 1 09/07/16 MG 09/06/16 OP61755 SW4248
Run #2
Initial Weight Final Volume
Run#1 15.0g 1.0 ml
Run #2
BN PAH List
= Not detected MDL = Method Detection Limit
J =
Indicates an estimated value
RL
CAS No.
Compound
Result
RL
MDL
Units Q
83-32-9
Acenaphthene
ND
0.32
0.13
mg/kg
208-96-8
Acenaphthylene
ND
0.32
0.13
mg/kg
120-12-7
Anthracene
ND
0.32
0.079
mg/kg
56-55-3
Benzo(a)anthracene
0.0189
0.063
0.016
mg/kg J
50-32-8
Benzo(a)pyrene
0.0286
0.063
0.016
mg/kg J
205-99-2
Benzo(b)fluoranthene
0.0473
0.063
0.016
mg/kg J
191-24-2
Benzo(g,h,i)perylene
0.0221
0.063
0.016
mg/kg J
207-08-9
Benzo(k)fluoranthene
0.0388
0.063
0.016
mg/kg J
218-01-9
Chrysene
0.0338
0.063
0.016
mg/kg J
53-70-3
Dibenzo(a,h)anthracene
ND
0.063
0.016
mg/kg
206-44-0
Fluoranthene
ND
0.32
0.079
mg/kg
86-73-7
Fluorene
ND
0.32
0.13
mg/kg
193-39-5
Indeno(1,2,3-cd)pyrene
0.0236
0.063
0.016
mg/kg J
90-12-0
1 -Methylnaphthalene
ND
0.32
0.13
mg/kg
91-57-6
2 -Methylnaphthalene
ND
0.32
0.13
mg/kg
91-20-3
Naphthalene
ND
0.32
0.13
mg/kg
85-01-8
Phenanthrene
ND
0.32
0.079
mg/kg
129-00-0
Pyrene
ND
0.32
0.079
mg/kg
CAS No.
Surrogate Recoveries
Run# 1
Run# 2
Limits
4165-60-0
Nitrobenzene -d5
82%
40-105%
321-60-8
2-Fluorobiphenyl
80%
43-107%
1718-51-0
Terphenyl-dl4
82%
45-119%
ND
= Not detected MDL = Method Detection Limit
J =
Indicates an estimated value
RL
= Reporting Limit
B =
Indicates analyte found in associated method blank
E =
Indicates value exceeds calibration range
N
= Indicates presumptive evidence of a compound
46
SGS AC10 of 77
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SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Method: MADEP VPH REV 1.1 Percent Solids: 2 1. 0
Project: 215122; Sunset Beach, NC
Page 1 of 1
File ID DF Analyzed By Prep Date Prep Batch Analytical Batch
Run #1 UU017067.D 1 09/01/16 CG n/a n/a GUU879
Run #2
Initial Weight Final Volume Methanol Aliquot
Run #1 4.63 g 5.1 ml 100 ul
Run #2
MADEP VPH List
CAS No.
Compound
Result
RL
MDL
Units Q
71-43-2
Benzene
ND
0.45
0.45
mg/kg
100-41-4
Ethylbenzene
ND
0.90
0.45
mg/kg
1634-04-4
Methyl Tert Butyl Ether
ND
0.90
0.45
mg/kg
91-20-3
Naphthalene
ND
2.3
1.4
mg/kg
108-88-3
Toluene
ND
0.90
0.45
mg/kg
m,p-Xylene
ND
1.8
0.90
mg/kg
95-47-6
o -Xylene
ND
0.90
0.45
mg/kg
C5- C8 Aliphatics (Unadj.)
ND
45
16
mg/kg
C9- C12 Aliphatics (Unadj.)
ND
45
16
mg/kg
C9- C10 Aromatics (Unadj.)
ND
45
16
mg/kg
C5- C8 Aliphatics
ND
45
16
mg/kg
C9- C12 Aliphatics
ND
45
16
mg/kg
C9- C 10 Aromatics
ND
45
16
mg/kg
CAS No.
Surrogate Recoveries
Run# 1
Run# 2
Limits
460-00-4
BFB
100%
70-130%
460-00-4
BFB
103%
70-130%
ND = Not detected MDL = Method Detection Limit
RL = Reporting Limit
E = Indicates value exceeds calibration range
J = Indicates an estimated value
B = Indicates analyte found in associated method blank
N = Indicates presumptive evidence of a compound
11 of 77
SGS ACCUTEST
FA36573

SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Method: MADEP EPH REV 1.1 SW846 3546 Percent Solids: 21.0
Project: 215122; Sunset Beach, NC
Page 1 of 1
File ID DF Analyzed By Prep Date Prep Batch Analytical Batch
Run #1 NN016010.13 1 09/08/16 FS 09/06/16 OP61759 GNN794
Run #2
Initial Weight Final Volume
Run#1 3.0g 2.0 ml
Run #2
MAEPH List
= Not detected MDL = Method Detection Limit
J =
Indicates an estimated value
RL
CAS No.
Compound
Result
RL
MDL
Units Q
83-32-9
Acenaphthene
ND
6.3
3.2
mg/kg
208-96-8
Acenaphthylene
ND
6.3
3.2
mg/kg
120-12-7
Anthracene
ND
6.3
3.2
mg/kg
56-55-3
Benzo(a)anthracene
ND
6.3
3.2
mg/kg
50-32-8
Benzo(a)pyrene
ND
6.3
3.2
mg/kg
205-99-2
Benzo(b)fluoranthene
ND
6.3
3.2
mg/kg
191-24-2
Benzo(g,h,i)perylene
ND
6.3
3.2
mg/kg
207-08-9
Benzo(k)fluoranthene
ND
6.3
3.2
mg/kg
218-01-9
Chrysene
ND
6.3
3.2
mg/kg
53-70-3
Dibenzo(a,h)anthracene
ND
6.3
3.2
mg/kg
206-44-0
Fluoranthene
ND
6.3
3.2
mg/kg
86-73-7
Fluorene
ND
6.3
3.2
mg/kg
193-39-5
Indeno(1,2,3-cd)pyrene
ND
6.3
3.2
mg/kg
91-57-6
2 -Methylnaphthalene
ND
6.3
3.2
mg/kg
91-20-3
Naphthalene
ND
6.3
3.2
mg/kg
85-01-8
Phenanthrene
ND
6.3
3.2
mg/kg
129-00-0
Pyrene
ND
6.3
3.2
mg/kg
C11 -C22 Aromatics (Unadj.)
ND
320
240
mg/kg
C11 -C22 Aromatics
ND
320
240
mg/kg
C9 -C18 Aliphatics
ND
320
160
mg/kg
C19-06 Aliphatics
ND
320
160
mg/kg
CAS No.
Surrogate Recoveries
Run# 1
Run# 2
Limits
3386-33-2
1-Chlorooctadecane
82%
40-140%
580-13-2
2-Bromonaphthalene
118%
40-140%
84-15-1
o-Terphenyl
83%
40-140%
321-60-8
2-Fluorobiphenyl
103%
40-140%
ND
= Not detected MDL = Method Detection Limit
J =
Indicates an estimated value
RL
= Reporting Limit
B =
Indicates analyte found in associated method blank
E =
Indicates value exceeds calibration range
N
= Indicates presumptive evidence of a compound
A
0
SGS AC12 of 77
CUTEST
FA36573

SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Method: SW846 8081B SW846 3546 Percent Solids: 21.0
Project: 215122; Sunset Beach, NC
Page 1 of 1
File ID DF
Analyzed
By
Prep Date
Prep Batch
Analytical Batch
Run #1 KK78608. D 1
09/14/16
NG
09/09/16
OP61809
GKK2537
Run #2 a KK78588. D 10
09/14/16
NG
09/09/16
OP61809
GKK2537
Initial Weight Final Volume
Run #1 3.90 g 5.0 ml
Run #2 3.90 g 5.0 ml
Pesticide PPL List
MDL
CAS No.
Compound
Result
309-00-2
Aldrin
ND
319-84-6
alpha -BHC b
ND
319-85-7
beta -BHC b
ND
319-86-8
delta -BHC
ND
58-89-9
gamma -BHC (Lindane) b
ND
12789-03-6
Chlordane
ND
60-57-1
Dieldrin
ND
72-54-8
4,4' -DDD b
ND
72-55-9
4,4' -DDE
ND
50-29-3
4,4' -DDT
ND
72-20-8
Endrin
ND
1031-07-8
Endosulfan sulfate
ND
7421-93-4
Endrin aldehyde
ND
959-98-8
Endosulfan-I
ND
33213-65-9
Endosulfan-II
ND
76-44-8
Heptachlor
ND
1024-57-3
Heptachlor epoxide
ND
72-43-5
Methoxychlor
ND c
8001-35-2
Toxaphene
ND
CAS No.
Surrogate Recoveries
Run# 1
877-09-8
Tetrachloro-m-xylene
98%
2051-24-3
Decachlorobiphenyl
91%
(a) Dilution required due to matrix interference.
(b) Associated CCV outside control limits.
(c) Result is
from Run# 2
RL
MDL
Units Q
0.031
0.0093
mg/kg
0.031
0.0094
mg/kg
0.031
0.0093
mg/kg
0.031
0.0089
mg/kg
0.031
0.0093
mg/kg
0.31
0.12
mg/kg
0.031
0.011
mg/kg
0.061
0.011
mg/kg
0.061
0.0098
mg/kg
0.61
0.12
mg/kg
0.061
0.011
mg/kg
0.061
0.011
mg/kg
0.061
0.011
mg/kg
0.031
0.0089
mg/kg
0.031
0.011
mg/kg
0.031
0.010
mg/kg
0.031
0.011
mg/kg
0.61
0.16
mg/kg
1.5
0.61
mg/kg
Run# 2 Limits
106% 50-122%
111% 50-133%
ND
= Not detected MDL = Method Detection Limit
J =
Indicates an estimated value
RL
= Reporting Limit
B =
Indicates analyte found in associated method blank
E =
Indicates value exceeds calibration range
N
= Indicates presumptive evidence of a compound
SGS AC13 of 77
CUTEST
FA36573

SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Percent Solids: 21.0
Project: 215122; Sunset Beach, NC
Metals Analysis
1 09/07/16
09/08/16
Analyte
Result
RL
Antimony
< 3.2
3.2
Arsenic
16.5
1.6
Beryllium
1.0
0.81
Cadmium
< 0.65
0.65
Chromium
51.1
1.6
Copper
19.4
4.0
Lead
20.9
3.2
Mercury
< 0.19
0.19
Nickel
11.2
6.5
Selenium
< 3.2
3.2
Silver
< 1.6
1.6
Thallium
< 1.6
1.6
Zinc
64.4
3.2
(1) Instrument QC Batch: MA13390
(2) Instrument QC Batch: MA13391
(3) Prep QC Batch: MP30803
(4) Prep QC Batch: MP30806
RL = Reporting Limit
Page 1 of 1
Units DF Prep Analyzed By Method Prep Method
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/08/16
09/08/16
JL
SW846 7471B 2
SW846 7471B 4
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
mg/kg
1 09/07/16
09/08/16
LM
SW846 6010D 1
SW846 3050B 3
SGS AC14 of 77
CUTEST
FA36573

SGS Accutest
Report of Analysis
Client Sample ID: G12
Lab Sample ID: FA36573-1 Date Sampled: 08/30/16
Matrix: SO - Soil Date Received: 08/31/16
Percent Solids: 21.0
Project: 215122; Sunset Beach, NC
Page 1 of 1
General Chemistry
Analyte
Result
RL Units
DF
Analyzed
By Method
HEM Oil and Grease
< 410
410 mg/kg
1
09/10/16 15:00
KC Sw846 9071E
Solids, Percent
21
%
1
09/01/16 12:15
7i, SM192540G
Total Organic Carbon
178000
4800 mg/kg
1
09/12/16 12:37
FN Sw846 9060A M
RL = Reporting Limit
A
0
SGS AC15 of 77
CUTEST
FA36573

anthracene
1
012 (COMPOSITE OF G-01 & G-02
LEGEND
® GRAB SAMPLE SITE
RL REPORTING LIMIT
mg/kg MILLIGRAM PER KILOGRAM
MDL METHOD DETECTION LIMIT
TOC TOTAL ORGANIC CARBON
6101D
6101D .,. .. ,..--,.
1 6101D
6101D
9060A M
TOWN OF SUNSET BEACH NAVIGATION PROJECT
MAINTENANCE DREDGING OF MARY'S & TURTLE CREEK
CHEMICAL ANALYSIS SUMMARY
li
0' 400' 800'
GRAPHIC SCALE IN FEET
,", moffatt & nichol

January 04, 2018
Sunset Beach West, LLC
1574 Monster Buck Estates
Supply, NC 28462
Town of Sunset Beach
700 Sunset Blvd. N.
Sunset Beach, NC 28468
To Whom It May Concern,
This letter of consent is provided to satisfy the requirements of the CAMA Major Permit
application for providing written authorization for use of Material Placement Islands 310 & 311.
As the underlying property owner for the referenced islands, Sunset Beach West LLC is willing to
grant permission to the Town of Sunset Beach (Town) to use the spoil islands for material
placement pertaining to the Town's navigation project (Project).
Please note, prior to the use of the islands the Town and Sunset Beach West, LLC must execute a
written agreement pertaining to additional terms and conditions (Agreement). The Agreement shall
document the terms and conditions the Town and Sunset Beach West, LLC shall abide by for the
duration and administration of the Project. The terms and conditions will stipulate a tipping fee of
not more than $5.75 / CY for use of the placement islands.
Sincerely,
SUNSET BEACH WEST, LLC
Sammy Varnam

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
The following provides a general site condition summary of the islands under consideration for placement
of non -compatible spoil associated with the dredging of Mary's & Turtle Creek, the Bay Area, the Feeder
Canal, & the finger canals. The narrative references the placement Islands by USACE designations as
shown in Figure 1, and includes island's 310 and 311.
Figure 1. USA CE Placement Island Designations
Placement Island 311
Placement Island 311 provides the optimal location for material placement from Mary's and Turtle Creek
and generally matches the `pump' distance required for Island 310 for all remaining project features.
However, Island 311 provides approximately half of the available fill area as the other islands under
consideration. As such, the fill material will require the highest placement elevations at Island 311 and
therefore, the dike will need to be the tallest. The current dike provides an estimated average storage
capacity of approximately 3 ft with a perimeter of 3,500 ft. Some holes or breaks in the dike system were
observed during the site visits, and others may exist as the complete dike system was not inspected.
However, for estimating purposes an existing three (3) ft. vertical storage capacity seems reasonable based
on the observations made. Island 311 would require some brush and debris removal. The center of the island
contains approx. head high brush and small trees. Along the perimeter the vegetation cover changes to trees
12 — 25 ft tall. The eastern and western island terminus contains approx. 450 and 500 ft respectively of tall

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
Page 2 of 7
vegetation, respectively. Likewise, the northern and southern island boundaries offer an approx. 40 ft
boundary of tall vegetation (12 — 25 ft trees and brush). Figure 2 shows the placement island in planview.
Figure 2. USA CE Placement Island 311(May 2017)
The following Pictures show the existing conditions of Island 311:
Photo 1 — Dike failure at
apparent location for outfall
structure. (July 2017)

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
Page 3 of 7
Photo 2 — Vegetation within the
center of Island 311.
(July 2017)
Photo 3 — Vegetation along the
eastern island terminus.
(July 2017)

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
Page 4 of 7
Photo 4 — Vegetation looking
east from western island
terminus. (July 2017)

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
Placement Island 310
Page 5 of 7
Placement Island 310 provides a reasonable comparison to island 311 for pump distance. Material from
Mary's Creek will have a longer pump distance. However the extra distance should not be significant
considering the pump distance for the remaining dredge areas. Also island 310 provides approximately
double the fill area compared to island 311. Figure 3 shows Island 310, which consists of an approximate
22 acre fill site enclosed by an approximate 6,800 ft perimeter dike.
Figure 3. USA CE Placement Island 310(May 2017)
The area available for material placement suggests the dike would not have to be improved as much to
handle the dredge material. The existing dike height registered approximately 5 ft. for an island average.
Thus, only minimal work would be expected in order to prepare the dike for controlling the dredge slurry.
(The dike system was not completely inspected, and some adjustments may be necessary for construction.
However, the conditions observed provide a general overview.)
Island 310 also contains an existing outfall structure, however, the discharge pipeline presides in a
dilapidated condition and will need replacement. Heavy vegetation and brush cover most if not all of the
island. The vegetation prevented a detailed inspection of the site with the available equipment. Vegetation
clearing and removal would most likely entail the largest cost and obstacle for preparing the island for use.
Because Island 310 provides an extended surface area, there may be a potential to only use a portion or
segment of the island. This potential may help to reduce costs; however, the estimate for construction
assumes the full island will be used.

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
The following Pictures show the existing conditions of Island 310:
Photo 5 — Outfall structure for
dredge slurry. (May 2017)
Page 6 of 7
Photo 6: Dilapidated
outfall pipe at Island 310.
(May 2017)

Town of Sunset Beach Navigation Project
Material Placement Island Description
December 19, 2017
Page 7 of 7
Photo 7: Heavy vegetation
(trees in background)
coverage for Island 310.
(July 2017)

Permit Class Permit Number
MODIFICATION/NIINOR 22-02
STATE OF NORTH CAROLINA
artment of Environment and Natural Resources
and
Coastal Resources Commission
lAN 2 0 2005
p1V1S10N OF NVermtt
T
COASTAL MANAGEfr
MXMajor Developme t in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Sunset Beach, 700 Sunset Blvd. North, Sunset Beach NC 28468
Authorizing development in Brunswick County at Turtle and Mary's Creek, adj. AIWW
as requested in the permittee's letter dated 1/7/05
This permit, issued on January 14, 2005 , 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) This minor modification authorizes the use of Corps' dredge disposal site 310, as opposed to the
previously authorized Corps dredge disposal site 308.
2) This minor modification shall be attached to the original of Permit No. 22-02, which was issued on
2/26/02, as well as the minor modification issued on 11/4/02, and copies of all documents shall be
readily available on site when Division personnel inspect the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this minor modification unless
altered herein.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An 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, 2005
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Com inission.
ChaWs S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

JAN -07-2005 FRI 10:20 AM NC DIV OF COASTAL MGMNT FAX NO. 4
—. :., :.1.-1.---..,-- -.:. I.:,:
r 1'CI alit Class ••..•/�.
i S'l',1'i'L; OF NQIt"fiT CAROLINA
Department of Environment and Natural Resources
s'
and
Coastal Resources Commission
b-14% It - ....
for
X— Major Development in an Arca of Environmental Concern
pursuant Co NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
P. 01
(P
Permit Nt;utber
22-02
t T3cach, 700 Sunset Btvd. North, Snuset Dcach, NC
28468
ssuetlto 1'oranoPSnnse..--- _
Aulliorizing development in 13ntnswick
at I'urile and Mary's Creeks, adj_ATWW _
----- ..... s req iser tae terntlttce's aItlication dated _4./-4/01, includi.n attache
,
workplan drawingt' 2 dated 4/01, 2 dated revised 11/16/01, 3 dated 9/01, 2 dated red. 11/30/01 and 1 dated 3/01
111is permit, issuod oil _ Pebnmry 26,-2002 is subject 10 compliance with the application (where consistent
tviih the permit), oil alrplica1 regulations, special condi lions and notes set forth below. Any violation of these terms stay
be sob.j:_ct to fines, imprisonment or civil action_ or may cause the permit to be mill and void.
Excavation
1) .In order to protect juvenile shrimp aad fintish populations, no excavation or filling will be permitted
between April I and September 30 of any year without the prior approval of the Division of Coastal
PA' W"
gement, in consultation with the Division of Marine Fisheries.
2) Prior to the initialiott of any dredging activities within Tuttle Creek, the perrnittee shall, in coordination
with the Division of Marin: hisltcnes, develop and implement a oyster relocation plan for the Turtle
Crcck oyster population. Contact the Division of Marine Fisheries at [phone] to initiate tho
rcquirccl coordination. Notice of satisfactory completion of the relocation efforts must bo provided to
the, Division o FCoastal Management prior to initiation of dredging in Turtle Creek.
(Sec attached sheets for Additional Conditions)
This permit acCon rmy be appealed by the permitl.ee or
Aber giohf-ied persuns within twenty (20) days of the issuing
An airtanl rec.uires resolution prion to work initiation or
C mlinnn lice as the case may be.
This Pcn'nit must he accessible on-site to Department
personnel when the projccl is inspected for corapiiance,
Any 1111inten:ince work or project modification cot covered
hciewulut rquiras further Division s.pprc)val,
All work laust cense when the pennit expires on
Docculber 31, 2005
fl isuinl this pelmil, the State of North Carolina agrees
that ynur project is cousis6at with the North Carolina Coastal
Manns';anutt Yrohranl.
Signed by the authority of the Secretary of DIiNR and the
Chairman of the Coastal Resources Commission.
L)o z fa D. Moftitt, Director
,�Divisiort of Coastal Management
This Permit and its conditions are hereby accepted.
Signature of Permittee

JAN -07-2005 FRI 10:21 AM NO DIV OF COASTAL MGMNT FAX NO, 4
P. 02
I'crmit #22-02 ;;
Page 2 of 3 s;
ADI)ITIONAI, CONDITIONS
1
:)
Excavation shall not exceed -6 feet below the mean low water level near the mouth of the creeks, with
1110, depth of excavation gradually decreasing to -4 feet below mean low water at the bends of the two
Creeks.
4) In no case shall the depth of excavation exceed that of the connecting waters.
S) No coastal wetlands w0l be excavated or filled.
No cxcnvatioa may take place withia 20 feet of the edge of any area of coastal wetlands.
7) The,, temporary placement or double handling of fill materials within waters or vegetated we
thwds is not
authorized.
8) No excavation will take place at any time outside of the ali
drawing(s). gnment of the area indicated on the workplan
Spq Disposmd
f)) The authorized spoil disposal arca must be inspected and approved on-site by a representative of the
1)ivisicm of Coastal Management prior to the initiation of any dredging activities.
10) All excavated mawrials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
utarsh Or;;urraunding waters.
1 1) The disposal arc;r effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low waren level to prevent gully erosion and unnecessary siltation,
12) The terminal cad of the pipeline will be positioned at or greater than 50 feet from any Part of the dike
and. a maximum distance from spillways to allow settlement of Suspended sediments.
1.3) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
14) The diked disposal arca will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
15) 1'hc disposal area will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.

JAN -07-2005 FR1 10:21 AM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 03
tirrnset 11eaclt, Tontt of Permit 1;22-()7
Yahue 3 of 3
ADDITIONAL CONDIT.10NS
Scdiltientation and Erosion Control
N'OT'E_:_ An Erosion and Sedimentation Control flan will be required for this project, if such
authorisation has not yet been obtained, this plan must be filed at least thirty (30) days prior to
the beginning of .uiy land disturoing activity. Submit this plan to the Department of
Euviroonuatt aid Natural Resources, Land Quality Section, 127 Cardinal Drive Fxtension,
Wilmington, NC 28405.
16) 'fe perulitted activity will be conducted in such a manner as to prevent a ,significant increase in turbidity
Outside of the area of eorstruction or construction-rolated discharge. Increases such that the turbidity in
the watorbody is 25 NTU's or less in all saltwater classes are not considered significant.
17) Approptiale sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded utaterials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or banns, sand fence,, etc,).
General
1,4) TkO perntitice shall comply with the attached list of U.S. Coast Guard regulations.
19) 'fire permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other aheration of the structure or work authorized by this pennit, or if in the
opinion of the Sccrelauy of the Anny or his authorized representative, said stn.tcture or work shall cause
tmrcasonablc obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstrmions
caused thereby, without expense to the United States or the state of North Carolina. No claire shall be
made ngnutst the United States or the state of Nonh Carolina on account of any such removal or
altcrat.lon.
NOTR'; This permit docs not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
S.oTE; The permittee is encouraged to contact the Bn:nswick County mosquito control office at (910)
2.53-2515 ,o sdre<hrlc a pre-constnuction ronferencc to discuss mosquito control measures,
NO'11": The N.(. Division of Water Quality has authorized the proposed p.tnjcet under General Water
Quality Certification No. 3274 (DWQ Project No. 011865), which was issued on 1/11/02,
OTNl The U.S. Army Corps of Engineers ha
20000247. s assigied the proposed project COL Action id. No.

JAN -07-2005 FRI 10:21 AM NC DIV OF COASTAL MGMNT FAX NO, 4
C0,1 1-GUAl:fl REG1.:LA1105S AITLICABLE 1'0 DUDGE OPLIZAI1ONS
' '/
P>clow is a list of re ulatioits which arc applicable to eredyc operations :n the CO"I P 11 ilminMon mite. This iis; s
iv not all inclusive. We encourage dredge companies to schedule a meeting with members of t' USCG staff, in
orI er tv Lac provided amplifying iltfuttttalion or answers to any gt;estious that may exist. We also strongly
eticotna ,cal] uninspected Towing Vessels (U1'V) associated with each dredging operation to patticipate in Cho
{ USC0, s Voluntary Commercial Dockside Fxamination program. Please contact LT Dave Brown of the USCG
staff at (9 10) 81.5-4895, extension 108, to coordinate a mectin or docksido exam, x
S $
1. Li@,lits an clrel.lge pil>olines (33 CFR 88.15)
2. ],igbts on bart,;esat n bank or dock (33 CFR 88.13)
3. Lic;hls and Sha]>es (33 CFR 84.11-13)
4, Afooriug Buoys (33 CTR 62.35)
5, Spccinl Marks (33 CFR 67..31)
6, I;ninspcch d Towing Vessel's (LTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. U7'V 17rug'1'esting 1tcyuirenicots (33 CFR 4.06 & 4.03-2)
8. UTV Msa inc Radar Requirement (33 CCPR 164.01(h) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
1 D. 13'1'V Ivfarine Casualty Reporting (:ritcria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33)

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 27, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Ms. Gladys Adams
307 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Ms. Admas:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received December 8, 1986, for a
Department of the Army permit to maintain a canal off the Atlantic
Intracoastal Waterway (AIWW) at Sunset Beach, Brunswick County,
North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State -Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC087-N-010-0159 and will be
coordinated by Mr. Ernest Jahnke. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
ha W.
tHi s
hie , Regry Branch
\ Enclosure

-2 -
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agen
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General permit No. SAWC080—N-000-0291
Name of Applicant GENERAL PUBLIC
Effective Date February 6, 1986
Expiration Date February 6, 1991
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States upon the recommendation of the
Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of
March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby re—issued under authority of the Secretary of the
Army by the
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
To authorize those construction activities that receive prior approval from
the State of North Carolina in the form of the following authorizations:
1. Coastal Area Management Act (CAMA) Permit.
2. Permit to Dredge and/or Fill.
3. Water Quality Certification (Section 401 of the Clean Water Act).
This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties,
North Carolina, U.S. Army Engineer District, Wilmington.
1. Operating Procedures:
a. Applications for State and Federal authorizations will be accepted
directly and simultaneously by both the North Carolina Division of Coastal
Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps).
Receipt of a complete application by the NCDCM will initiate field review to

—Z—
include a site visit and preparation of an Environmental Consultant's Field '
Report. Receipt of an application by the Corps will initiate Federal review.
Immediately upon receipt by the Corps, an application will be assigned an
identification number, acknowledged, and the appropriate Corps Area
Coordinator will examine the application to assure that it can be -processed
pursuant to this general permit. The applicant and the NCDCM will be
furnished written notification of the Area Coordinator's determination.
Notification to the applicant will include a brief description of the
administrative process. For those proposals which may result in a discharge
into the waters of the United States, the North Carolina Division of
Environmental Management (NCDEM) 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.
b. The NCDCM Environmental Consultant's Field Report will he furnished by
the respective NCDCM Regional Offices to the Corps. The Corps will provide
copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the U.S. Environmental
Protection Agency (EPA). Receipt of the Report will initiate the Federal
agencies' review. The agencies will be provided sufficient time by the Corps,
normally 30 days, before their comments or recommendations, including any
recommended modifications or conditions necessary to make the proposal
acceptable, must be received by the Corps. Should the agencies not comment
within the review period, it will be assumed they offer no objections.
Extensions of time will be granted for agency review only if justified by
unusual circumstances. If an extension is granted that would delay a NCDCM
decision by the date on which an NCDCM decision must be made, the application
may be removed from this general permit.
c. The permit review process conducted by the NCDCM is a public process
involving public notices in local newspapers, public hearings, and various
public appeal procedures. In order to further inform the public, the Corps
will distribute, at intervals of approximately two weeks, an additional public
notice listing those permit applications received and being considered by
NCDCM and the Corps of Engineers under this general permit since the preceding
notice. The notice will invite, for a period of not less than 15 days, public
comment and/or requests for additional information and for public hearings.
All comments will be considered in the overall State/Corps decision.on the
permit.
d. This general permit does not, in any way, alter established procedures
or responsibilities, as required by Federal laws, memoranda of agreement, or
administrative regulations with respect to the Corps' coordination with the
review agencies. The applicant will continue to have the opportunity to rebut
objections to the proposal.

-3-
e. After agency comments are received, they will be reviewed by the Corps
and a coordinated Federal position will be prepared and furnished to the the
NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field
Consultant's Report. The coordinated Federal position will include all
conditions (including recommendations for denial) recommended by the three
Federal agencies listed in paragraph b. (above) unless a changed or omitted
condition has the prior written agreement of the affected agency.
f. In those cases where the Corps does not concur with conditions or
recommendations of one or more of the three listed Federal agencies, no
coordinated Federal position will be furnished to NCDCM until and unless
Federal agency agreement has been reached including, if necessary, entering
into the referral procedures outlined by current memoranda of agreement
between the Army and the respective agencies. The three agencies will be
furnished a copy of the coordinated Federal position at the time they are
furnished to NCDCM.
g. If the conditions (including recommendations for denial) from the
review agencies are unacceptable to the NCDCM, the NCDCM will contact the
Corps within 10 days of receipt of the Federal position 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
e. and f. (above) will apply, including the procedures of the memoranda of
agreement, if appropriate. If the conflict is resolved to the satisfaction of
the Corps and other affected review agencies, the NCDCM permit will be issued
and the authority of the general permit will apply.
h. If the conflict is not resolved within the time necessary for a
decision by NCDCM, NCDCM may proceed, independently, to conclude the State
action without inclusion of the Federal position. In this 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 project in
question may not proceed in the absence of Federal authorization.
i. If the coordinated Federal position is not in conflict with State
agency positions, law, regulation, or policy and is otherwise acceptable to
the NCDCM, a State permit will be developed by the NCDCM fully incorporating
the State and Federal positions. Copies of the permit will be furnished to
the applicant and the Corps. When required, a copy of the Section 401 Water
Quality Certification will be furnished to the applicant and the Corps.
Issuance of both the NCDCM permit and the NCDEM 401 Certification, if
required, must precede validation of this general permit by the District
Engineer or his representative.

-4—
j. If the NCDCM permit or Section 401 Water Quality Certification is
denied, the applicant will be informed that Federal authorization is also
denied.
k. Following issuance of a NCDCM permit, the project will be monitored by
NCDCM personnel and inspected for compliance in accordance with normal NCDCM
regulations and procedures. Monitoring and periodic evaluation will also be
conducted by Corps personnel. If at any time a violation of the NCDCM permit
is discovered which would also have been a violation of the Federal position,
enforcement action may be taken by both the NCDCM and the Corps in accordance
with their respective regulations and policies.
2. General Considerations:
a. All activities identified and authorized by this general permit must
be consistent with the terms and conditions of this authorization. Any
activity accomplished, but not specifically identified and authorized herein,
may constitute a violation of Federal statute and result in legal proceedings
as may be considered appropriate by the United States Government.
b. All activities authorized by this general permit which involve the
placement of dredged or fill material in waters of the United States or ocean
waters shall be consistent with the water quality standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the
Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413); and
applicable State and local law. To -assure preservation of water quality,
before any work is authorized by this general permit, a property owner, if
required to do so, must apply for and obtain a Water Quality Certification
from the NCDEM in accordance with Section 401 of the Clean Water Act.
c. This general permit does not authorize any activity which might affect
a threatened or endangered species as identified by the Endangered Species Act
(16 U.S.C. 1531) or adversely modify critical habitat of such species without
consultation with the USFWS.
d. When using this general permit, a property owner must make every
reasonable effort to prosecute the work in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental values.
e. When using this general permit, a property owner must prosecute the
work in a manner so as to minimize any degradation of water quality.
f. A permittee will allow the District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that
the activity is being performed in strict accordance with the terms and
conditions of this general permit.

-5—
g. The property owner will maintain any structure authorized by this
general permit in good condition and in accordance with approved plans and
drawings.
h. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State, or
local laws or regulations, nor does it obviate the requirement to obtain any
other Federal, State, or local assent required by law for the activity.
i. Authorization provided by this general permit may be modified,
suspended, or revoked in whole or in part if the District Engineer, acting on
behalf of the Secretary of the Army, determines that such action would be in
the best public interest. Modification, suspension, or revocation may occur
as a result of the evaluation of the permitted activities and their individual
or cumulative adverse impacts. Unless subject to modification, suspension, or
revocation, the term of this general permit will be 5 years. Any
modification, suspension, or revocation of authorization will not be the basis
for any claim against the U.S. Government.
j. If subsequent to performance of the work, should any information or
data furnished by the applicant prove to be false, incomplete, or inaccurate,
the authorization may be modified, suspended, or revoked in whole -or in part,
and the U.S. Government may institute appropriate legal proceedings.
k. There will be no unreasonable interference with navigation or the
right of the public to riparian access to navigable waters by the existence or
use of the activities authorized by _-this general permit.
1. A property owner, upon receipt of written notice from the District
Engineer of failure to comply with the terms and conditions of this general
permit will, within 60 days, without expense to the U.S. Government and in
such manner as the District Engineer may direct, effect compliance with the
terms and conditions or return the worksite to prework conditions.
m. This general permit does not apply to activities that would adversely
affect an area listed in the National Register of Historic Places or an area
which the Secretary of the Interior through the keeper of the National
Register of Historic Places would determine eligible for inclusion in the
Register. Proposals under this general permit will be furnished by NCDCM to
the State Historic Preservation Officer for his comments prior to final permit
activity authorization. Also, this general permit does not apply to
activities proposed to be located on wild and scenic rivers established
pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278).
n. This general permit does not authorize the interference with any
existing or proposed Federal project, and the permittee will not be entitled

to compensation for damage or injury to the structures or work authorized
herein which may be caused by or result from existing or future operations
undertaken by the United States in the public interest.
o. Any work performed in any area under the regulatory jurisdiction of
the Corps which does not comply with the terms and conditions of this general
permit must have prior approval under the customary regulations administered
by the Corps as found in 33 CFR 320-329.
3. Conditions and Procedures:
a. General. The aforementioned, detailed Operational Procedures apply to
construction activities that, prior to issuance of this general permit,
required State authorization in the form of a Coastal Area Management Act
(CAMA) permit for major development and/or a permit to excavate and/or fill
and Federal authorization as required by Section 10 of the River and Harbor
Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR
U.S.C. 1344).
b. Application. Any member of the general public proposing to accomplish
construction activities under the authorization of this general permit must
submit an appropriate, complete application with drawings to the Wilmington
District Engineer and the appropriate regional office of the NCDCM.
c. Validation. No work may proceed under this general permit until and
unless the District Engineer or his representative provides written validation
that the procedures and conditions of the general permit have been satisfied.
4. Exemptions:
a. This general permit will not he applicable to proposed construction
when the District Engineer believes that authorization may be warranted but
that the proposed activity would significantly affect the quality of the human
environment.
b. This general permit will not be applicable to proposed construction
when the District Engineer determines, after any necessary investigations,
that the proposed activity would adversely affect areas which possess
historical, cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act
(15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5
of the Act; and wild, scenic, and recreational rivers established by State and
local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible
for inclusion in the National Register of Historical Places as defined in the

. . ` —7—
National Historic Preservation Act of 1966 and its codified regulations and in
the National Historic Preservation Amendments Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
c. At his discretion, at any time during the processing cycle, the
District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure
for processing an individual permit in accordance with 33 CFR 325 may be
initiated.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
WAYNHANSON
Colonel, Corps of Engineers
District Engineer

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 17, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Mrs. Gladys Adams
107 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Mrs. Adams:
Reference your application for a Department of the Army permit
to maintain a canal off the Atlantic Intracoastal Waterway (AIWW)
at Sunset Beach, Brunswick County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
4has W. Hot1i
hef, Regulatory Branch
Enclosure

-2 -
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
March 30, 1987
Mr. Robert & Gladys Adams
307 Stokes Street
Sunset Beach, NC 28459
Dear Mr. & Mrs. Adams:
The enclosed permit constitutes authorization under the Coastal Area Management Act and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original
(yellow form) is retained by you and it must be available on-site when the project is inspected for
ccapliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal
Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty
(20) days of your receipt of this letter. You should also be aware that, by law, if another qualified
party submits a valid objection to the issuance of this pennit within twenty (20) days, the matter
must be resolved prior to work initiation.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all
work must be carried out in accordance with your application. Modifications, time extensions and future
maintenance require additional approval. Please read your permit carefully prior to starting work
and review all project plans, as approved. If you are having the work done by a contractor, it would
big to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review,
we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,
if questions arise concerning pen -nit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit,
you will be helping to protect our vitally important coastal resources.
Very sincerely,
Jon .Parker, Jr., Chief
Major Pennits Processing Section
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
Enclosure
An Equal Opportunity Affirmative Action Employer

Permit Class Permit Number
New STATE OF NORTH CAROLINA 73-87
Department of Naturalaommunity Development
i ePit
�v
�i t ' a. . , r yrs.\
Major��De�veloprrt0nt;in artea
a Excavation , fc� b fill}ng�p�ii -
to NCGS 113-229
issued to Robert & Gladys S. Adams, 307 Stokes Drive, Sunset Beach, NC 28459
authorizing development in
Brunswick
Countyat the AIWW, mainland side 1 mile east
of the Sunset Beach bridge as requested in the permittee's application dated 11/29/86 including
attached plats, 2, plan view dated 1/20/87 and cross section dated received 1/8/87.
This permit, issued on �AA2F/g _ , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) Excavation will not exceed 4 feet below the elevation of mean low water (MLW).
(3) Vegetated wetlands will not be excavated or filled.
(4) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surround-
ing waters.
(5) The diked disposal area will be constructed a sufficient distance from the
mean high water level or any marsh or eliminate the possibility of dike
erosion into or upon any marsh and/or surrounding waters.
(See attached sheet for Additional Conditions
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An 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 Departmental
approval.
All work must cease when the permit expires on
December 31, 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
-
David W. Owens, Director
Division of Coastal Management
This'perm and its conditions are hereby accepted.
Signature of Permittee

Robert & Gladys Adams
ADDITIONAL CONDITIONS
Permit #73-87
Page 2 of 2
(6) The outer edge of the spoil disposal area must be staked by representatives
of the Division of Coastal Management and/or the Corps of Engineers in order
to ensure no encroachment into adjacent wetlands.
(7) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the mean low water level within the canal
to be dredged to prevent gully erosion and unnecessary siltation.
(8) The terminal end of the pipeline will be positioned at or greater than fifty
(50) feet from any part of the dike and a maximum distance from spillways
to allow settlement of suspended solids.
(9) A water control structure will be installed at the intake end of the effluent
pipe leading from the retention area in order to ensure maximum settlement
of suspended solids.
(10) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction -related
discharge.
(11) The dike and spoil area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
I EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina
(GS 146-12)Dof Natural Resources and Community Development Department of the Army
(GS 113.229, h
143-215.3(a)(1), 143.215.3(c), 113A-118 ;'7-: 'G t= Iminaton District
' � r
Please t
ype or print and fill in all blanks. If information is not applicable, so indicate by placing NfA-in btan;�95",)
Applicant Information :',;,:.. L- F!CE
A. Name Adams Rnher+ C ni arlMcLain
^
�G S—S M c L a i n
Last First Middle
B. Address In7 gtnkea Drive
Street, P. O. Box or Route
Sitnsat Bach NC. IRar;a
City or Town State C119-579-5854
Zip Code Phone
II: Location of Proposed Project:
A. County Ar„nAwi.r+It
B. I. City, town, cotn'munity or landmark- q u n a P t B e a c h
2. Is proposed work within city limits? Yes_. X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Project
A. 1. Maintenance of existing project yea 2. New work
B. Purpose of excavation or fill
1. Access channel __ F. xis t length _A n n i width , _AJ0 1' depth' .t4, 0
2. Boat basin —length width
dejith .::;:
3. Fill area(8noi l Area) length200'_width 1501 depth +8.0'
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
' . Cubic yards — 5 , OLD 2. Type of material Arts; Rand 101 M i d
E. Fill material to be placed below MHW (see also VI. A)
I. Cubic yards— Nnn 2. Type of material
IV. Land Type, DI�SW Area, and Construction Equipment:
A. Docs the area to be excavated include any marshland, swamps or other wetland? Yes No --X_
_ B. Docs the disposal arca include any marshland, swamps or other wetland? Yes No _`
C. Disposal Area
1. Location On hiah around owned by D.G. Scranton
2. Do you claim title to disposal area?
D. Fill material source if fill'is to be trucked in
E. How will excavated material be entrapped and erosion controlled? _ n.. o = r f- h A i k e with
spillway,
l • 1 ypc of equipment lobe used All uyrlran 1 i r• Dv -pd❑
G. Will marshland be crossed in transporting equipment to project site? If yes, explain —m r)
F-81
V. 10/78

V. Intended Use of Project Area (Describe)
A. 1. Private_ PrivatPof Pxi4ting rhannal _
2. Commercial
3. Housing Development or Industrial
4. Other
S. 1. Lot size(s)
2. Elevation of lots) above mean high water
3. Soil type and texture
Sandy G' •y: `•
4. Type of building facilities or structures P r iy a t P r P G i A in n r; in s
S. Sewage disposal and/or waste water treatment A. Existing x Planned
8. Describe 5 e o t i e T
6. Land Classiftcation'(circle one)C
CONSERVA
VI. Pertaining to Fill and Water Quality:
VE LOPED TRANSITIONAL COMMUNITY RURAL
N OTHER (See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of rill materials below mean high water' Yes No _X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesNo
2. Type of discharge Run -Off From Spoil Arpa
3. Location of discharge Dredging Ar a
Vil. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, If applicable:
IX. Length of time requirod to complete prole": (unknown)
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the dead or other instrument under which the owner clams title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 836 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113-229 (d))Enter date served 12186
D. List names and complete addresses of the riparian iandowr-trs with property adjoining appiicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mg_ ,Tan Whishy 215 Mi -,ty PinP LrivP, Myrt1P RParh, S -r 7A9,77
D.G. Scranton 309 Stokes Drive, Sunset Beach, N.C. 28459
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE November 29, 1986
df
Applicant' i nature
Udi i„ SEE RE\ 1 �)IUL I OR MAILIN.:, iNSTR.JCTI01'1

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Shellfish Survey Report
Mary's and Turtle Creek -
Sunset Beach, NC
Presented to:
Town of Sunset Beach
January 5, 2017
Prepared by:
hAq
moffatt & nichol
4700 Falls of Neuse Road, Suite 300
Raleigh, NC 27609

Shellfish Survey Report — Mary's and Turtle Creek
Table of Contents
Introduction............................................................................................................................................ 3
Methodology.......................................................................................................................................... 3
Resultsand Discussion........................................................................................................................... 4
Summary................................................................................................................................................ 6
References.............................................................................................................................................. 8
Appendix A — Survey Protocol Provided by the NC Division of Marine Fisheries (DMF)
Appendix B — Survey Maps
Appendix C — Photographs
Appendix D — Sampling Results Raw Data
Moffatt & Nichol I Page 2

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
Introduction
Moffatt & Nichol conducted a shellfish survey of Mary's and Turtle Creeks in support of a pre -dredge analysis
sponsored by the Town of Sunset Beach. The project area is located east of the Sunset Beach Bridge, south of
Shoreline Drive East (Figure 1) and is part of a series of tributaries that are potential locations for dredge
activities to improve navigation access to residents and guests of the area.
Figure 1: Mary's & Turtle Creek Site Plan
Mary's and Turtle Creeks were initially chosen for survey at the request of state and federal agencies as a
measure to help assess potential impacts the overall project may create for any existing shellfish populations.
Upon review of survey results, the resource agencies may require additional effort or to enter into discussions
to find alternatives for reducing impacts to affected marine resources. The NC Division of Marine Fisheries
(DMF) provided the sampling protocol utilized for the survey. Appendix A shows the survey requirments as
provided by DMF.
Methodology
The shellfish sampling occurred over approximately 2 hectares (five acres) of benthic habitat (1.4 hectares [3.4
acres] in Mary's Creek and 0.65 hectares [1.6 acres] in Turtle Creek). Protocols recommend a sampling rate of
at least 25 one -meter square samples per 0.4 hectare (1 acre) with no less than 10 samples per project site.
Based on this, 125 sampling locations were originally established in a desktop Geographic Information System
(GIS) mapping exercise and loaded onto a Trimble mapping -grade Global Positioning System (GPS) unit.
However, due to beneficial field conditions during the survey time period, 136 combined locations were
Moffatt & Nichol I Page 3

Shellfish Survey Report — Mary's and Turtle Creek
sampled within Mary's and Turtle Creek. The sampling locations were randomly selected along transects across
the creeks, allowing for sampling along depth -stratifications as suggested by protocol (Map 1, Appendix B).
The sampling included 75 stations along ten transects in Mary's Creek and 61 stations along nine transects in
Turtle Creek. The spacing between each transect equaled approximately 61 meters (200 feet) in Mary's Creek
and approximately 23 meters (75 feet) in Turtle Creek. The transects in Turtle Creek included seven transects
identified as part of the desktop GIS exercise referenced above, and two additional transects identified in the
field. The additional sampling stations along the two field -created transects were added in Turtle Creek during
low tide on October 19th, near the confluence with the Atlantic Intracoastal Waterway. An additional ten
sampling sites were added along each of the field -created transects (see Map 1, Appendix B).
In subtidal sampling locations, a clam rake was used to rake a one square meter area. In low tide scenarios
where oysters were exposed, visual counts of live oysters were conducted within a square meter area in place
of a rake sampling. Live shellfish found within the square meter area were counted and a sub -sample of
shellfish were measured for shell length (mm from umbo to lip). The depth and general bottom type (e.g. mud,
sandy mud, muddy sand, sand, shell hash) were noted at each sampling site along with other pertinent
observations, such as shoreline conditions, seawalls, and other flora and fauna. Overall site conditions such as
turbidity, wind speed/direction, and tidal stage were qualitatively recorded at the beginning of the sampling
event. A water quality sampling device (YSI Model 556) was used to sample water quality parameters (e.g.
dissolved oxygen, pH, salinity, and temperature) at the beginning and/or end of the sampling effort for each
day to establish if any anomalies existed that could affect shellfish presence or absence. Pictures were taken
to characterize the site and provide photographic evidence of oyster presence (Appendix C).
Data collected in the field included:
• Survey date and time
• Surveyor's names
• Wind speed/direction
• Turbidity
• Water quality (DO, pH, salinity, and
temperature)
• Tidal stage
Results and Discussion
• Sediment type
• Depth
• Presence/absence of shellfish
• Number of shellfish
• Sub -sample of the shell length
• Other prominent features (e.g. emergent
marsh, sea walls)
The shellfish survey was conducted on October 18th and 19th, 2016 by Moffatt & Nichol. The weather
conditions were favorable throughout the whole sampling period. Wind speeds were negligible in Mary's Creek
and Turtle Creek. The sampling within Mary's Creek occurred at low tide on the 18th of October around 5:00
pm to 6:30 pm. The sampling within Turtle Creek occurred about 2 hours after low tide at 7:00 am to 8:00 am
on the 19th of October. Based on visual assessments, there was high turbidity in the creeks with little visibility.
Moffatt & Nichol I Page 4

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
Neither creek is listed in the Division of Water
Resources' Stream Classification Schedule, but since
both creeks are tributaries to the Intracoastal
Waterway in the Lumber River Basin, they would carry
the classification of that waterbody— namely SA, HWQ
(commercial shellfishing, High Quality Waters)
(NCDWRa, 2016). Results of the water quality
collected during the sampling events met all
applicable state water quality standards for SA waters
(Table 1). In addition, all data were within
environmental tolerance levels for shellfish (Bahr et al
1981; NOAA 2016; Wilson et al 2005). There were no
anomalous results in this snapshot of water quality
data that would indicate any reason for shellfish
absence. The pH levels were a little low compared to
NC water quality standards and although oysters can
survive under a range of salinity conditions, the
optimum range is 14 to 28 (Shumway 1996) which is
somewhat higher than reported conditions (11+ ppt).
Overall, there was little variability between the two
sites. Table 1 provides summary data for water temperature, dissolved oxygen, pH, and salinity.
Figure 2: Intertidal area found at Mary's Creek near the
Creek mouth. Patchy intertidal oysters in clumps were
commonly found in all intertidal areas along the Creek.
Table 1: Water quality data collected at each site after sampling events
At each sampling location, one person measured depth and, if shell was present, the area was raked four times
with a clam rake. Approximately 17% of the sampling locations at Mary's Creek contained shellfish (13 of 75
locations) (oyster and/or clams). In Turtle Creek approximately 10% of the sampling locations (6 of 61 locations)
contained shellfish (only oysters). The shellfish populations were generally located outside of the proposed
dredge limits. The survey only identified the presence of 5 clams within the Mary's Creek dredge footprint at
the mouth of the creek near the confluence with the Atlantic Intracoastal Waterway (AIWW), but failed to
identify the presence of any shellfish within the Turtle Creek dredge footprint. Map 2A and 2B (Appendix B)
show the sampling locations and identifies where shellfish presence was noted. Appendix B also shows the
presence of shellfish adjacent to the work area in both Mary's and Turtle Creek.
Moffatt & Nichol I Page 5
Mary's Creek
Turtle Creek
NC Water Quality
Standard (NCDWR
2016b
Date/Time
10/18/16 16:12
10/19/2016 19:56
Water temperature (°C)
24.63
22.54
No more than 32°C
Dissolved oxygen (%)
53.4
43.3
n/a
pH
6.5
6.4
6.8 to 8.5
Salinity (ppt)
11.68
11.19
Normal conditions for
the area
At each sampling location, one person measured depth and, if shell was present, the area was raked four times
with a clam rake. Approximately 17% of the sampling locations at Mary's Creek contained shellfish (13 of 75
locations) (oyster and/or clams). In Turtle Creek approximately 10% of the sampling locations (6 of 61 locations)
contained shellfish (only oysters). The shellfish populations were generally located outside of the proposed
dredge limits. The survey only identified the presence of 5 clams within the Mary's Creek dredge footprint at
the mouth of the creek near the confluence with the Atlantic Intracoastal Waterway (AIWW), but failed to
identify the presence of any shellfish within the Turtle Creek dredge footprint. Map 2A and 2B (Appendix B)
show the sampling locations and identifies where shellfish presence was noted. Appendix B also shows the
presence of shellfish adjacent to the work area in both Mary's and Turtle Creek.
Moffatt & Nichol I Page 5

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
The survey results indicate oysters (Crassostrea virginica) maintain a dominant presence among the shellfish
species, with very few clams and mussels identified. On average, when live oysters were present, there were
21 oysters/m2 (±22SD) in Mary's Creek and 18.5 oysters/m2 (±14SD) in Turtle Creek. Of the shell heights
subsampled, the average height was 39.5mm (±18SD) in Mary's Creek and 40mm (±32SD) in Turtle Creek (Table
2). All size classes were present in both creeks including spat and large adults.
Table 2: Average number of oysters per meter square when present at a transect point (± standard
deviation) and average shell height (mm ± standard deviation) of sub -sampled oysters. N is the
sample size.
Oysters / m'(when present)
Shell height
Mary's Creek Turtle Creek
Mean ± SD N
21 ± 22 13
39.5 ± 18 48
Mean ± SD N
18.5 ± 14 6
40 ± 32 20
Since sampling occurred close to low tide, depths were relatively shallow. Within Mary's Creek many sites were
in the intertidal zone and completely emergent for sampling. The subtidal areas averaged about 0.4m in depth
with mostly mucky sediments. In Turtle Creek, the sampling depths averaged 0.75m (two hours after low tide)
with mostly mucky sediments except on edge habitats where shellfish were found and harder sand/mud
sediments were prominent.
Overall, the intertidal areas consisted of mainly sand (hard bottom) with shell hash transitioning to muddy -
sand as the shoreline progressed towards the low tide line. In many rakes and visible observations, shell hash
was present that would be conducive for oyster settlement but live oysters were not observed. Overall, oysters
were mostly present in the intertidal area where there was sandy/harder sediments with shell hash and marsh
present (see Appendix C). Oysters were in patchy clumps growing vertically upon each other. They were not
found in any instance in the subtidal areas that had muck -dominated sediments. In these areas, a PVC pole
could be pushed down more than a meter and would have been unconducive for oyster settlement.
Summary
In summary, there are viable populations of shellfish, including oyster (Crassostrea virginica ) in both Mary's
and Turtle Creeks mostly along the edges of the creeks. However, the proposed work area remained
predominately clear of shellfish species with 5 clams identified within the dredge footprint for Mary's Creek
and no shellfish identified within the Turtle Creek work area. All size classes were present in both creeks
including spat and large adults. This would suggest suitable habitat conducive for oyster settlement and growth
and that conditions have been favorable over the last several years.
On average, oyster numbers ranged from 18.5 to 21 per square meter in the two systems, generally growing
in patchy clumps. These numbers compare with what was considered threshold success criterion in sanctuary
creeks in the Chesapeake Bay system (15 oysters per square meter), but significantly less than higher target
criterion (50 oysters per square meter) established for highly managed Chesapeake Bay creeks (NOAA et al
2016). As expected, oysters were concentrated within the intertidal zone on hard (sandy) bottom and generally
Moffatt & Nichol I Page 6

Shellfish Survey Report — Mary's and Turtle Creek W11 11 1 11,11M.1
lacking in deeper water where shifting sand and soft mud may be prevalent and unsuitable for supporting
oyster communities. Therefore, it appears the proposed dredging will have little effect on shellfish in these
creeks.
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Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
References
Bahr, Leonard M., and William P. Lanier. 1981. The ecology of intertidal oyster reefs of the South Atlantic
coast: a community profile. No. 81/15. US Fish and Wildlife Service, 1981.
National Oceanographic and Atmospheric Administration (NOAA), US Army Corps of Engineers, Maryland
Department of Natural Resources, Oyster Recovery Partnership. 2016. 2015 Oyster Restoration
Implementation Update. Progress in the Choptank Complex (Harris Creek, Little Choptank River, and Tred
Avon River Oyster Sanctuaries).
http://dnr.maryland.gov/fisheries/Documents/2015_Choptank_Oyster_Implementation_Update_FINAL.pdf;
http://nefsc.noaa.gov/publications/classics/galtsoffl964/chapl8.pdf. Accessed November 22, 2016).
NC Division of Water Resources (NCDWR)a. 2016. Stream Classifications Listing for the Lumber River basin,
https://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20Quality/Planning/CSU/Surface%20Water/River%20Basin%20Water%20Quality%20CIassifica
tions%20as%20of%20Dec%209%202013/Lumber_Alpha_order.pdf. Accessed November 22, 2016
NC Division of Water Resourcesb. 2016. Water Quality Standards. https://deg.nc.gov/document/nc-stdstable-
11082016. Accessed November 22, 2016.
NOAA. 2016. Status Review of the Eastern Oyster (Crassostrea Virginia), Report to the National Marine
Fisheries Service, February 16, 2007. NOAA Fisheries, Eastern Oyster Biological Review Team.
http://www.nmfs.noaa.gov/pr/species/Status%20Reviews/eastern_oyster_sr_2007.pdf. Accessed November
22, 2016.
Shumway, S.E. 1996. Natural environmental factors. In: V.S. Kennedy, R.I.E. Newell and A.F. Eble, editors. The
Eastern Oyster Crassostrea virginica. Maryland Sea Grant College, University of Maryland, College Park,
Maryland. pp. 467-513.
Wilson, et al. 2005. Survey of water quality, oyster reproduction and oyster health status In the St. Lucie
Estuary. Journal of Shellfish Research 24:157-165.
Moffatt & Nichol Page 8

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
Appendix A - Survey Protocol Provided by DMF
Recommended Sampling Protocols for Shellfish application review purposes
Methods - Sample at the rate of at least 25 one -meter square samples per acre with no less than 10 samples
per project site. Samples should be taken on a depth -stratified basis, either randomly or along transects.
Sampling gear should be a standard clam rake or a steel tine garden rake. Rake the entire meter square unless
there are large numbers of live oysters visible at the specific sample site, in which case count the visible oysters
within the specific sample site. Treat intertidal and subtidal areas the same within the overall sampling area.
Data Collection- Samples should include at least the following data:
• Location for every sample on a map of the site
• Date and approximate local time of sampling work
• Depth (and lunar tide stage where applicable)
• Bottom salinity and water temperature
For each sample:
• General bottom type (estimate: mud, sandy mud, muddy sand, sand, shell, SAV, macroalgae)
• Numbers of oysters and/or hard clams for each sample
• Optional data:
• Shell length (umbo to lip) in mm for each oyster and clam collected
• Other pertinent observations (such as SAV presence)
Moffatt & Nichol I Page 9

Shellfish Survey Report — Mary's and Turtle Creek L. Town of Sunset Beach
Appendix B - Survey Maps
Map 1: Transects and Sampling Points
Map 2a: Shellfish Location Results at Mary's Creek
Moffatt & Nichol I Page 10

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
Map 2b: Shellfish Location Results at Turtle Creek
Moffatt & Nichol I Page 11

Shellfish Survey Report — Mary's and Turtle Creek Town of Sunset Beach
Appendix C - Photographs
Photo 1: Large oyster reeffound on concrete debris in Mary's Creek.
Photo 2: Typical oyster patch found in intertidal areas.
Moffatt & Nichol I Page 12

Shellfish Survey Report — Mary's and Turtle Creek I Town of Sunset Beach
K vivo,-
Af
`►-. -�
Photos 3 and 4: Typical sand -mud intertidal areas with oyster patches.
Moffatt & Nichol Page 13

Shellfish Survey Report — Mary's and Turtle Creek F-- Town of Sunset Beach
Photo 5: East bank of Mary's Creek showing intertidal habitat with oysters and snails.
Photo 6: Marsh / oyster complex found in Mary's Creek against residential sea wall areas.
Moffatt & Nichol I Page 14

Shellfish Survey Report— Mary's and Turtle Creek I Town of Sunset Beach
Photo 7: Northernmost portion of Turtle Creek.
Photo 8: Oysters found along seawalls and pilings of Turtle Creek.
Moffatt & Nichol Page 15

Shellfish Survey Report - Mary's and Turtle Creek . own of Sunset Beach
Appendix D Sampling Results Raw Data
Note: An asterisk indicates an approximate time. The letter 'E' indicates that the sampling location was
emergent or fully exposed due to low tide.
Mary's Creek
Crew: Adam Efird and Meg Goecker
Date:
10/18/2016
Adjacent shoreline: marsh, seawalls
Turbidity: High; No wind.
At 8:00 Start of DAY
Temp (oC): 25.06
DO & pH:
58%; 6.3
At 18:12
Temp (oC): 24.63
DO & pH: 53.4%; 6.5
Salinity (ppt): 11.52
Tide level:
low @ 5pm
Salinity (ppt):
11.68
Tide level: low @ Spm
Transect
#, pt
Picture depth
Time # (m)
Number of
oysters/m2
Oyster length
(mm)
sediments
Notes
1.1
17:00* E
5
38,51,45,32,45
next to rocks, silty sand
1.2
17:00* E
2
50,50
hard bottom - oyster shell hash
1.3
17:00* 0.1
muck, some shell, silty
1.4
17:00* 0.3
muck, some shell, silty
1.5
17:00* 0.3
muck, some shell, silty
1.6
17:00* 0.25
5 clams
muck, some shell, silty
1.7
17:00* 0.25
muck, some shell, silty
1.8
17:00* 0.2
muck, some shell, silty
1.9
17:00* 0.2
muck
1:10
17:00* E
hard bottom
1:11
17:04 E
silt, hard bottom
1:12
17:05 E
silt, hard bottom
1.13
17:05 E
silt, hard bottom
1.14
17:06 E
silt, hard bottom
2.1
16:13 E
sand, shell hash next to marsh
2.2
16:14 E
sand, shell hash next to marsh
2.3
16:14 E
62
50, 20, 6, 50, 12,
38, 50, 25, 25,30
includes spat - more than
we can count
2.4
16:17 0.1
2
30,30
silt, shell hash anoxic
2.5
17:10 0.2
muck, hard bottom
2.6
17:10 0.2
muck, hard bottom
2.7
17:11 0.2
muck, hard bottom
2.8
17:11 0.2
muck, hard bottom
2.9
17:12 0.2
muck, hard bottom
2:10
17:12 0.2
1 clam
muck, hard bottom
2.11
17:13 E
45
muck, hard bottom
2.12
17:14 E
muck, hard bottom
2.13
17:14 E
muck, hard bottom
3.1
16:23 E
shell hash, sand near marsh
3.2
16:24 E
25
38, 20, 31,63,
38,31, 38, 31, 63,50
silt, muck anoxic
3.3
17:17 0.5
muck, hard bottom
3.4
17:18 0.6
muck, hard bottom anoxic
3.5
17:19 0.5
muck anoxic
Moffatt & Nichol I Page 16

Shellfish Survey Report - Mary's and Turtle Creek L Town of Sunset Beach I
Transect
#, pt
Time
Picture
#
depth
(m)
Number of
oysters/m2
Oyster length
(mm)
sediments
Notes
3.6
17:19
11
0.6
muck
anoxic
3.7
17:20
12
0.4
muck
snails, anoxic
3.8
17:21
0.3
muck
snails, anoxic
3.9
117:23
1muck,
hard bottom
anoxic
4.1
16:32
E
56
12, 38, 50, 31, 25,
50, 31, 38, 20, 25
silt, muck
anoxic
4.2
17:26
0.2
muck
anoxic
4.3
17:26
0.2
muck
anoxic
4.4
17:27
0.4
muck
anoxic
4.5
17:28
0.4
muck
anoxic
4.6
17:29
0.6
muck
anoxic
4.7
17:29
0.5
muck
snails, anoxic
4.8
17:37
0.3
muck
snails, anoxic
5.1
17:38
no oysters
5.2
17:38
no oysters
5.3
17:38
no oysters
5.4
17:38
no oysters
5.5
17:38
no oysters
6.1
17:33
0.15
15
sand/mud (hard packed)
6.2
17:33
0.2
muck
anoxic
6.3
17:33
0.2
muck
anoxic
6.4
17:33
0.5
muck
anoxic
6.5
17:35
1
sand/ hard bottom
6.6
17:37
0.3
sandy/ hard bottom
7.1
*17:48
E
sand/mud (hard packed)
marsh
7.2
*17:48
0.5
sand/mud (hard packed)
marsh
7.3
17:39
0.6
sand/mud (hard packed)
7.4
17:39
0.6
muck
anoxic
7.5
17:40
10.3
low tide line
7.6
17:41
13
E
8
75
sand/ hard bottom
8.1
17:45*
0.2
sand/mud, low tide line hard
bottom
marsh
8.2
17:45*
0.6
sand/mud
marsh
8.3
17:45*
0.7
muck
marsh
8.4
17:47
0.6
muck
anoxic
8.5
17:47
0.5
muck
anoxic
8.6
17:48
E
10 oysters;
1 mussel
40-75 inch range
sand/ hard bottom
oysters growing on roots
of oak tree and dock
9.1
17:48
E
5
100
mud (hard packed)
smell of raw sewage
9.2
17:48
E
mud (hard packed)
9.3
17:49
0.3
sand, muck, somewhat hard
9.4
17:50
0.4
mud, sand, hard bottom
9.5
17:50
0.5
sand, hard bottom
Moffatt & Nichol I Page 17

Shellfish Survey Report — Mary's and Turtle Creek F-- Town of Sunset Beach
Transect
Picture
depth
Number of
Oyster length
#, pt
Time
#
(m)
oysters/m2
(mm)
sediments
Notes
Great egret foraging at
pipe drainage point,
oysters inside pipe and on
17:51
0.5
rocks above low tide line.
Detritus floating perhaps
10.1
rip rap
from storm.
10.2
17:52
0.5
rip rap/hard bottom
10.3
17:52
0.5
mud (hard packed)
Moffatt & Nichol I Page 18

1
IDENTIFIED MARSH
BUFFER AREA
(16,900 FT)
`+ 1 4 '
LOCATED MARSH
EXTENTS (TYP.)
a
STA 0+00
BEGIN MARY'S CREEK
�l *�_ i
LEGEND
— PROPOSED CHANNEL CENTERLINE
PROPOSED CHANNEL TOP (MLW)
IDENTIFIED MARSH EXTENTS
ESTIMATED 20 -FT MARSH BUFFER
TOWN OF SUNSET BEACH NAVIGATION PROJECT
MAINTENANCE DREDGING OF MARY'S & TURTLE CREEK
MARSH EXTENTS PLANVIEW
PG. 1 OF 2
0' 100' 200'
GRAPHIC SCALE IN FEET

Essential Fish Habitat (EFH)
Assessment - Mary's & Turtle
Creek, Sunset Beach,
Brunswick County, North Carolina
Prepared for:
Town of Sunset Beach, Brunswick County, NC
Submitted to:
The North Carolina Division of Coastal Management (DCM)
December 2017
Prepared by:
ho
MOFFATT & NICHHL
4700 Falls of Neuse Road, Suite 300
Raleigh, NC 27609

Essential Fish Habitat Assessment
TABLE OF CONTENTS
1.0
INTRODUCTION............................................................................................................................1
2.0
ESSENTIAL FISH HABITAT.........................................................................................................
2
2.1
Estuarine Emergent Wetlands.......................................................................................................2
2.2
Aquatic Bed (Tidal Freshwater)....................................................................................................
2
2.3
Estuarine Water Column/Creeks...................................................................................................
2
2.4
Primary Nursery Areas..................................................................................................................
3
3.0
MANAGED SPECIES......................................................................................................................3
3.1
SAFMC and NMFS-managed Species.........................................................................................
3
3.1.1
Penaeid Shrimp (Penaeus spp.)............................................................................................4
3.1.2
Snapper -Grouper Management Unit.....................................................................................
5
3.1.3
Spiny Lobster........................................................................................................................
5
3.2
ASMFC-Managed Species............................................................................................................
6
3.3
NCDEQ-DMF Managed Species..................................................................................................6
4.0
POTENTIAL IMPACTS TO EFH...................................................................................................
7
4.1
Short-term and Temporary Impacts..............................................................................................
7
4.2
Permanent and Long -Term Impacts..............................................................................................
7
4.3
Managed Species Effects Determination......................................................................................
8
4.3.1
NCDEQ-DMF Managed Species Impacts............................................................................
9
5.0
SUMMARY....................................................................................................................................10
6.0
REFERENCES...............................................................................................................................11
APPENDICES
Appendix A — Previous Permits Identified for the Proposed Action
LIST OF FIGURES
Figure 1. Mary's & Turtle Creek Site Map...................................................................................................1
LIST OF TABLES
Table 1. EFH Types Present in the Project Area.......................................................................................... 2
Table 2. Managed Species Potentially Present in the Project Area.............................................................. 4
TOCIPage

Essential Fish Habitat Assessment
1.0 INTRODUCTION
The Town of Sunset Beach intends to maintenance dredge in Mary's and Turtle Creek in Sunset
Beach, Brunswick County, NC. The following analysis evaluates the potential for impacts to
essential fish habitat (EFH) to occur as a result from the project. The Magnuson -Stevens Fishery
Conservation and Management Act (16 USC 1801 et seq.) requires the U.S. Secretary of
Commerce to develop guidelines assisting regional fisheries management councils on the
identification and creation of management and conservation plans for EFH. Each council is
required to amend existing fisheries management plans (IMP) to include EFH designations and
conservation requirements. The Act also requires federal agencies to consult with the Secretary of
Commerce on all actions, or proposed actions, authorized, funded, or undertaken by the agency
that might adversely affect EFH.
The US Code (USC) defines EFH as "those waters and substrate necessary to fish for spawning,
breeding, feeding, or growth to maturity" (16 USC 1802(10)). "Waters" include aquatic areas and
their associated physical, chemical, and biological properties that are used by fish and may include
aquatic areas historically used by fish where appropriate. "Substrate" includes sediment, hard
bottom structures underlying the waters, and associated biological communities. "Necessary"
refers to the habitat that is required to support a sustainable fishery and the managed species'
contribution to a healthy ecosystem. "Spawning, breeding, feeding, or growth to maturity" covers
a species' full life cycle.
Both Mary's and Turtle Creek carry the designation of Primary Nursery Area (PNA) as defined
by the North Carolina Division of Marine Fisheries (DMF). However, both creeks have previously
been dredged on multiple occasions under authorized permits from the North Carolina Department
of Environmental Quality (DEQ) and the US Army Corps of Engineers (USACE). Permit 22-02
provides the most recent authorization from DEQ (formally known as the Department of
Environment and Natural Resources) and was issued on February 26, 2002. Additional state
authorizations reference back to permits 73-87 and 241-87. These permit references indicate both
authorizations occurred in 1987; however, a records search only produced permit 73-87, which
covers the dredging of Turtle Creek. Therefore permit 241-87 most likely authorizes the dredging
of Mary's Creek. Identified previous federal authorizations also date back to 1987, when the
Wilmington District USACE authorized the dredging of Turtle Creek under action SAWC087-N-
010-0159. Appendix A provides a copy of the previous permits located for the Mary's and Turtle
Creek dredging activities.
Figure 1 provides a planview of the proposed maintenance dredging project, which follows the
same construction template as the previous permits. The maximum (deepest) dredge depth for both
creeks begins at the -6 MLW contour in the Atlantic Intracoastal Waterway (AIWW). The template
for Mary's Creek begins at a 60 -ft width and gradually reduces to a 40 -ft width. The maximum
dredge depth also reduces from -6 MLW to -4 MLW near the terminus of the work area. The
template for Turtle Creek maintains a consistent 40 -ft width throughout the work area. However,
the maximum dredge depth decreases from -6 MLW to -4 MLW. The dredging in Mary's Creek
covers approximately 52,000 ft2 (1.19 Ac) and in Turtle Creek the dredging covers approximately
44,000 ft2 (1.01 Ac).
1 I Page

Essential Fish Habitat Assessment
Figure 1. Mary's & Turtle Creek Site Map
2 1 P a g e

Essential Fish Habitat Assessment
2.0 ESSENTIAL FISH HABITAT
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act (Public Law 94-
265) and the 1996 amendments to the Act, known as the Sustainable Fisheries Act (Public Law
104-297), an EFH consultation was requested by NOAA Fisheries for the proposed project. For
the North Carolina coast, Sunset Beach location, this requires that EFH be identified for all fish
species managed by the South Atlantic Fisheries Management Council (SAFMC), and NOAA
National Marine Fisheries Service (NFMS). This EFH assessment's objective is to determine
whether the actions for the proposed project "may adversely affect" designated EFH for relevant
managed fisheries species within the proposed project area. Table 1 provides a list of EFH habitat
types and their presence or absence in the project area. Habitats are described in more detail in
following sections.
Table 1. EFH TVbes Present in the Proiect Area
EFH Type
Inshore Location
Estuarine Emergent Wetlands
Aquatic Bed (Tidal Freshwater)
Estuarine Water Column/Creek
2.1 Estuarine Emergent Wetlands
Estuarine Emergent Wetlands includes all tidal wetlands dominated by erect, rooted, herbaceous
hydrophytes (excluding mosses and lichens). These wetlands occur in tidal areas where salinity
due to ocean -derived salts is equal to or greater than 0.5 percent and that are present for most of
the growing season during most years. Perennial plants usually dominate these wetlands and
vegetation cover is typically above 80 percent. These wetlands are typically dominated by marsh
grasses such as Spartina species, needlerush (Juncus spp.), and narrow leaved cattail (Typha
angustifolia). Estuarine emergent wetlands are nutrient -rich with high primary productivity,
allowing these habitats to support a diversity of fish, invertebrates, and coastal birds. Managed fish
species use these marshes during multiple life stages because they provide nursery habitat for
juveniles and foraging habitat for adults. Estuarine emergent wetland habitat is expected on the
fringe of the channels, near the marsh.
2.2 Aquatic Bed (Tidal Freshwater)
Aquatic bed habitats in the project area include the soft bottom substrate occurring in Sunset
Beach. This habitat type is comprised of sand as well as inorganic muds, organic muds, and peat.
Nutrients are typically provided by riverine sources and transported via wind tides in addition to
lunar tidal exchange. The abundance of benthic macroalgae in this habitat supports a high diversity
of invertebrates that are an important fishery food source.
2.3 Estuarine Water Column/Creeks
The estuarine water column extends from the estuarine bottom to the surface waters and is
especially important as it directly affects all other estuarine aquatic habitats (NCWRC, 2005). This
habitat is characterized by the oligohaline (estuarine) waters present in Sunset Beach with
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Essential Fish Habitat Assessment
seasonally variable salinity levels. Distinct zones within the water column can be defined by
parameters such as salinity, temperature, and dissolved oxygen. Water column zonation
continually fluctuates and is a function of tidal dynamics, season, nutrient levels, and ocean
proximity. Fish and shellfish often exploit distinct resources within the water column based on
species-specific diet, behavior, and morphology. For example, pelagic fishes live higher in the
water column compared to demersal fishes, which are bottom dwelling. These distinct types of
fishes have adapted to take advantage of these differing habitats, and favorable spawning and
feeding conditions occur at varying locations at differing times of the year.
2.4 Primary Nursery Areas
While not a single specific EFH type, Primary Nursery Areas (PNA) are composed of several EFH
types and are state -designated waters that are used by marine and estuarine fishes and invertebrates
during early development. Nursery areas are designated and regulated by the North Carolina
Division of Marine Fisheries (NCDMF) and North Carolina Wildlife Resources Commission
(NCWRC) in some areas. These areas are typically shallow waters with soft bottom substrate that
are surrounded by marshes and wetlands. The abundance of refuge, foraging habitat, and food
resources present in these areas result in the successful development of many sub -adult organisms
(Beck et al., 2001). Nursery areas are also considered HAPC for several managed fish species.
Marshes adjacent to the channels, not including the channels in consideration for this EFH
assessment, have been designated as primary nursery areas.
3.0 MANAGED SPECIES
Multiple environmental agencies have interest in the potential impacts dredging projects may
cause. The primary resource organizations include the following:
■ South Atlantic Fisheries Management Council (SAFMC)
■ National Marine Fisheries Service (NMFS)
■ Atlantic States Marine Fisheries Commission (ASMFC
■ North Carolina Division of Marine Fisheries (DMF)
The following provides a discussion on the species managed by each agency with a potential
presence of EFH within the project area.
3.1 SAFMC and NMFS-managed Species
SAFMC have developed FMPs for several species, or species units (SAFMC, 2008), although not
all of these species are found in the project area. Highly migratory species' FMPs and Atlantic
billfish FMPs were developed by the Highly Migratory Species Management Unit, Office of
Sustainable Fisheries, NMFS (NMFS, 1999, 1999a, 1999b; NOAA, 2016). As part of each FMP,
the council designates not only EFH, but also High Areas of Potential Concern (HAPC), a subset
of EFH that refers to specific locations required by a life stage(s) of that managed species. Table
2 presents the species or species units potentially present in the project area for which EFH and/or
HAPC exist.
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Essential Fish Habitat Assessment
Table 2. Managed Species Potentially Present in the Project Area
Source: SAFMC, 2008; NMFS, 1999, 1999a, 1999b; NOAA, 2006, 2009, 2016
3.1.1 Penaeid Shrimp (Penaeus spp.)
Penaeid shrimp (white, pink, and brown shrimp) are estuarine -dependent species of commercial
and ecological significance. Penaeid shrimp spawn offshore where both larval and post -larval
development occurs. Currents carry post -larval shrimp into estuaries, where they are distributed
based on salinity and substrate preferences. As shrimp grow, they migrate to higher salinity areas
before returning to offshore spawning areas. All tidal and estuarine waters within the project area,
4 1 P a g e
Life Stages Present in
Species Present
project Area
Designated EFH in Project Area
HAPC in Project Area
South Atlantic Fisheries Management Council (SAFMC)
Penaeid Shrimp
Larvae, Juveniles,
Estuarine Water Colurn /Creeks, Aquatic
Estuarine Water Columa/Creeks, Aquatic
(Penaeus spp.)
Adults
Beds, Estuarine Emergent Wetlands
Beds, Estuarine Emergent Wetlands
Snapper -Grouper
Larvae, Juveniles,
Estuarine Water Column/Creeks, Estuarine
Estuarine Water Column/Creeks,
Management Unit
Adults
Emergent Wetlands
Estuarine Emergent Wetlands
Spiny Lobster
Eggs, Larvae,
Estuarine Water Colurn /Creeks, Aquatic
Estuarine Water Column/Creeks, Aquatic
(Panuhrus argus)
Juveniles, Adults
Beds, Estuarine Emergent Wetlands
Beds, Estuarine Emergent Wetlands
Coastal Migratory Pelagic
Larvae, Juveniles,
Estuarine Water Colurna/Creeks, Aquatic
Estuarine Water ColunIDlCreeks, Aquatic
Species
Adults
Beds
Beds
Atlantic Highly Migratory Species (HMS) National Marine Fisheries Service (NMFS)
Blacktip Shark
Juveniles, Adults
Estuarine Water Column/Creeks
None
(Carcharhinus limhatus )
Sandbar Shark
Juveniles, Adults
Estuarine Water Column/Creeks
None
(Carch arh in us p lurch eus )
Spinner Shark
Neonates, Juveniles,
Adults
Estuarine Water Column/Creeks
None
(Carcharhinus brevipinna }
Tiger Shark
Neonates, Juveniles,
Estuarine Water Column/Creeks
None
(Galeocerdo cuvier)
Adults
Blacknose Shark
Neonates, Juveniles
Estuarine Water Column/Creeks
None
(Carcharhinus acronotus)
Bonnethead Shark
Estuarine Water ColunnlCreeks Aquatic
Juveniles, Adults
Beds
None
(Sphyrna tihuro )
Atlantic Sharpnose Shark
Neonates, Juveniles,
Estuarine Water Column/Creeks
None
( Rhizoprionodon terraenovae}
Adults
Smooth Dogfish Shark
Neonates, Juveniles,
Estuarine Water Column/Creeks
None
(Mustelus canis)
Adults
Dusky Shark
Neonates, Juveniles,
Estuarine Water Column/Creeks
None
(Carcharhinus ohscurus )
Adults
Sand Tiger Shark
Neonates, Juveniles,
Estuarine Water Column/Creeks
None
(Carcharhinus taurus)
Adults
Source: SAFMC, 2008; NMFS, 1999, 1999a, 1999b; NOAA, 2006, 2009, 2016
3.1.1 Penaeid Shrimp (Penaeus spp.)
Penaeid shrimp (white, pink, and brown shrimp) are estuarine -dependent species of commercial
and ecological significance. Penaeid shrimp spawn offshore where both larval and post -larval
development occurs. Currents carry post -larval shrimp into estuaries, where they are distributed
based on salinity and substrate preferences. As shrimp grow, they migrate to higher salinity areas
before returning to offshore spawning areas. All tidal and estuarine waters within the project area,
4 1 P a g e

Essential Fish Habitat Assessment
including estuarine emergent wetlands and aquatic beds, are designated as EFH for penaeid
shrimp.
3.1.2 Snapper -Grouper Management Unit
The Snapper -Grouper Management Group includes more than 70 species that are managed by the
SAFMC. Atlantic Spadefish, and Black Sea Bass are species within this group that have been
documented near or within the project area. Atlantic Spadefish are opportunistic bottom feeders
that utilize a variety of brackish water and nearshore habitats. Spawning occurs from May to
September and juveniles are typically found in estuarine waters while adults are typically found in
nearshore areas. Atlantic Spadefish have been documented in local fishing reports in or near the
project area.
The Black Sea Bass is a demersal species found from Maine to Florida that are opportunistic
feeders and accept a variety of food sources. As juveniles and adults, this species is associated
with submerged structures in estuarine and marine waters. Spawning occurs offshore from May to
October along the continental shelf in an area extending from southern New England to North
Carolina. Eggs are generally hatched on the continental shelf near large estuaries, but eggs have
also been found in bays in North Carolina. Juvenile Black Sea Bass enter estuaries during late
spring and early summer to forage on invertebrate prey and small fish. This species is typically not
found in the project area, but fishing reports from NCDEQ-DMF have shown presence of this
species in the last 10 years. All tidal and estuarine waters, including emergent wetlands, and
estuarine water column habitat are designated EFH for this species.
3.1.3 Spiny Lobster
Spiny Lobster have EFH for all life stages within the project area. EFH includes estuarine water
column/creeks, aquatic bed, and SAV (NOAA, 2016). The Spiny Lobster larvae are typically
found in open ocean in the epipelagic zone of the Caribbean Sea, Gulf of Mexico, and the Straits
of Florida. Post -larvae and juveniles occupy shallow waters of bays, lagoons, and reef flats,
habitats supported by the production of seagrasses, benthic algae, phytoplankton, and detritus. As
the lobsters increase in size, they move towards deeper waters in bays, reefs, and nearshore areas.
As adults, they can be found in deeper waters both nearshore and offshore.
3.1.4 Coastal Migratory Pelagic Species
Coastal Migratory Pelagic species found near the project area are the Spanish Mackerel and King
Mackerel. Spanish Mackerel and King Mackerel spawn from May to September (SAFMC, 1998),
with eggs and larvae using pelagic habitats and juveniles moving into estuaries for use as nursery
areas. While typically not found in oligohaline waters, these Mackerels do occur in the area based
on commercial fishing data. Estuarine water column/creek habitats are designated as EFH by
SAFMC in the management of this unit because prey items for species in this unit are typically
estuarine dependent. There are no HAPCs designated by SAFMC for these Mackerels in the
project area.
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Essential Fish Habitat Assessment
3.1.5 Highly Migratory Species
The Blacktip Shark inhabits circumtropical waters that are shallow as well as offshore surface
waters. The coastal islands of the Carolinas are prime nursery areas due to the variety of habitat
conditions available at the shallow water depths. Sandbar Sharks are a slow growing species,
utilizing shallow coastal waters for its nurseries, until migrating to deeper waters. The Spinner
Shark is a migratory species common to coastal -pelagic waters. EFH presents nursery areas to
reproduce and rear the young. Tiger Sharks are both shallow coastal water and deep oceanic
inhabitants utilizing EFH for refuge during their year-long gestation periods. Blacknose Sharks are
common to coastal waters creating nursery areas for the reproducing females and young in shallow
waters. The Bonnethead Shark is a fast-growing species, reproducing each year; this species is
abundant in the shallow, coastal waters of the Atlantic. The females and young are found in
estuarine waters often for the variety of habitat and food resources available. Atlantic Sharpnose
Sharks are smaller in size, common in the waters along the coasts of the Carolinas. Often these
sharks tend to congregate in schools of uniform sex and size. EFH is utilized as nursery areas for
neonates and pups. The Smooth Dogfish Shark is a migratory species, moving north to south in
the Atlantic Ocean. It is small in size, inhabiting estuarine, shallow waters to feed on the variety
of food resources available. Dusky Sharks are a larger, migratory species, moving north to south
depending on the season. These sharks inhabit inshore waters as well as outer reach of the
continental shelf. EFH is prime nursery areas for births occurring in the spring months. The Sand
Tiger Shark prefers very shallow waters, common to the inshore estuarine waters of the Carolinas.
These sharks reproduce in warmer, temperate waters, followed by neonates migrating northward
to summer nurseries.
3.2 ASMFC-Managed Species
The Atlantic States Marine Fisheries Commission (ASMFC) coordinates additional conservation
and management of states' shared nearshore fishery resources (ASMFC, 2017). Member states
include North Carolina, South Carolina, Georgia, Florida, Virginia, Maryland, Delaware,
Pennsylvania, New Jersey, Connecticut, Rhode Island, Massachusetts, New Hampshire, and
Maine. Species managed by the ASMFC that are found in the waters off Sunset Beach include:
American Eel (Anguilla rostrata), Atlantic Croaker (Micropogonias undulates), Atlantic
Menhaden (Brevoortia tyrannus), Atlantic Striped Bass (Morone saxatillis), Atlantic Sturgeon
(Acipenser oxyrhynchus), Black Drum (Pogonias cromis), Black Sea Bass (Centropristis striata),
Bluefish (Pomatomus saltatrix), Red Drum (Sciaenops ocellatus), Blueback Herring (Alosa
aestivalis), American Shad (Alosa sapidissima), Spanish Mackerel (Scomberomorus maculatus),
Spot (Leiostomus xanthums), Spotted Seatrout (Cynoscion nebulosus), Summer Flounder
(Parlichthys dentalus), and Weakfish (Cynoscion regalis).
3.3 NCDEQ-DMF Managed Species
The Fisheries Reform Act of 1997 (FRA) prompted NCDEQ-DMF to begin the process of
developing FMPs for all commercially or recreationally important species and fisheries that are
present in state marine or estuarine waters, with the goal of ensuring the long-term sustainability
of these fisheries (NCDEQ-DMF, 2001). Species with existing or in -development management
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Essential Fish Habitat Assessment
plans include: Bay Scallop (Argopecten irradians), Blue Crab (Callinectes sapidus), Estuarine
Striped Bass (Morone saxatilis), Hard Clam (Mercenaria mercenaria), Kingfish (Menticirrhus
americanus), Oyster (Crassostrea virginica), Red Drum (Sciaenops occelatus), River Herring
(Alosa pseudoharengus), Shrimp (Penaeus spp.), Southern Flounder (Achiropsettidae), Spotted
Seatrout (Cynoscion nebulosus), and Striped Mullet (Mugil cephalus).
4.0 POTENTIAL IMPACTS TO EFH
Potential impacts to EFH may occur as short-term / temporary measures or they may provide
permanent or long-term measures. The discussion below illustrates the potential impacts
considered likely as a result of the project. The discussion provides avoidance and minimization
efforts planned for the project to help alleviate the potential damage.
4.1 Short-term and Temporary Impacts
Construction activities will produce noise, turbidity, and siltation, thereby creating short-term,
localized impacts to EFH identified in Mary's and Turtle Creek and possibly to targeted
management species. Dredging activities could create a short-term decrease in dissolved oxygen.
Many, if not all, of the fish species with EFH within the project area would be expected to escape
the area during construction activities, and construction disturbances would not be expected to be
lethal to any fish species with EFH within the project area.
At the ecosystem level, increased turbidity could result in temporary, reduced ecosystem
productivity (ability of the ecosystem to produce and export energy) and nursery value by
elimination of organisms that cannot easily flee construction activities, and the displacement of
mobile organisms. For individual organisms, turbidity can impair visual predation success,
predator avoidance, and an organism's ability to take in oxygen through clogging of respiratory
organs. Siltation could alter invertebrate animal communities within the project area. Again, these
potential impacts are expected to be short-term and temporary in nature. Mobile animals would
likely avoid the area during the construction phase, but likely return once construction is complete
and pre -construction conditions return. Benthic organisms would likely recover rapidly post -
construction, as most benthic communities are resilient and recolonize quickly after short-term
impacts (Ellis, 2009; Demie 2003). In addition, the dredging activities will occur inclusive of
October 1 through March 31 ", outside the general spawning and migration period for most species.
4.2 Permanent and Long -Term Impacts
While dredging construction activities and placement of dredged material will create short-term
and localized impacts on EFH within the project area, long-term and permanent impacts are
expected to be minimal for the Preferred Alternative. Mary's and Turtle Creek have previously
been dredged multiple times dating back to 1987 without noticeable long-term or permanent
impacts.
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Essential Fish Habitat Assessment
4.3 Managed Species Effects Determination
The maintenance dredging of Mary's and Turtle Creek should create minimal localized and short-
term effects within the project. Most species are mobile and should be able to avoid the
construction activities. This section evaluates impacts to SAFMC, NMFS, and NCDEQ-DMF
managed species, but does not included an evaluation of impacts to ASMFC-managed species.
ASMFC is primarily a deliberative body, coordinating the conservation and management of states'
shared fishery resources.
In general, short-term impacts include potential mortality in earlier life stages for managed species,
and some limited displacement and habitat disturbance in later life stages. Long-term impacts are
minimal and generally involve the potential disruption of dispersion of early life stage populations
(larval and juvenile individuals) within Mary's and Turtle Creek. Table 3 provides a summary of
both short-term and long-term potential impacts for SAFMC, and NMFS-managed species within
the project area.
Table 3: Potential Short -Term and Long -Term Impacts to Project Area EFH Species
Species
Impact
Eggs
Larvae
Juveniles
Adults
ype
Penaeid
Short -Term
N/A
Mortality from construction; Displacement
Displacement and
Impacts
and habitat disturbance
habitat disturbance
Shrimp
(Penaeus
Long -Term
Limited potential
spp.)
Impacts
N/A
disruption of dispersion in
N/A
waters of Sunset Beach
Snapper-
Short -Term
N/A
Mortality from construction; Displacement
Displacement and
Grouper
Impacts
and habitat disturbance
habitat disturbance
Management
Long -Term
Limited potential
N/A
Unit
Impacts
N/A
disruption of dispersion in
waters of Sunset Beach
Short -Term
Mortality from construction
Mortality, displacement and habitat
Impacts
disturbance
Spiny
Lobster
Long -Term
Limited potential disruption of
Impacts
dispersion in waters of Sunset
N/A
Beach
Coastal
Short -Term
N/A
Mortality from
Displacement and habitat disturbance
Impacts
construction
Migratory
Pelagic
Long -Term
Limited potential
Species
Impacts
N/A
disruption of dispersion in
N/A
waters of Sunset Beach
Highly
Short -Term
N/A
Displacement and habitat disturbance
Migratory
Impacts
Species
(Sharks,
Long -Term
N/A
Tuna,
Impacts
Swordfish)
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Essential Fish Habitat Assessment
4.3.1 NCDEQ-DMF Managed Species Impacts
In addition to the SAFMC and NMFS-managed EFH species, NCDEQ-DMF has developed, or is
in the process of developing, FMPs for many species found in North Carolina waters, including
Bay Scallop, Blue Crab, Estuarine Striped Bass, Hard Clam, Kingfish, Oyster, Red Drum, River
Herring, Shrimp, Southern Flounder, Spotted Seatrout, and Striped Mullet. Potential impacts to
Red Drum, Kingfish, River Herring, Estuarine Striped Bass, Hard Clams, Bay Scallops, Oysters,
Blue Crabs, and Striped Mullet are addressed below.
The Red Drum is an estuarine -dependent species with foraging areas throughout Sunset Beach
waters. Red Drum typically arrive in the area in the spring, with a second arrival often occurring
in the fall as fish begin a southerly migration from the Mid -Atlantic States. Both juvenile and adult
Red Drum may occur in the project area but are mobile enough to avoid construction activities.
Kingfish have a similar life history to Red Drum. Juveniles and adult kingfish may occur in the
project area, but are a highly mobile species, therefore impacts will be minimal.
River Herring and Estuarine Striped Bass are anadromous (move from the ocean to freshwater to
spawn) fish whose adult life stages live in lower estuaries and marine waters. Juveniles and adults
are mobile enough to avoid construction disturbance in the project area.
Potential impacts to Hard Clams include increased short-term turbidity and siltation that could clog
the respiratory and feeding structures of these bivalve mollusks; limited mortality may occur. In
the dredge footprint, habitat alteration for the Hard Clam will be permanent. Mitigation will be
offered that will minimize or reduce adverse impacts with a goal of no net loss to Hard Clam
populations in the project area.
Impacts to Oysters and Bay Scallops are expected to be similar to those experienced by Hard Clam
populations. However, no Bay Scallops were observed during a field visit in July of 2017 and the
sites surveyed did not contain live oyster populations.
Blue Crabs occupy various marine and estuarine habitats throughout their life cycle. Mating occurs
in estuaries, followed by spawning near coastal inlets from April to June and August to September
in North Carolina. Weather, water quality conditions, proximity to inlets, hours of dark flood tide,
and wind direction may impact breeding productivity in Blue Crabs. Short term impacts may occur
to eggs and larvae from turbidity and siltation. Juveniles and adults are mobile and would be able
to escape construction disturbance.
Striped Mullet is a catadromous (move from freshwater to the ocean to spawn) species that live in
fresh and estuarine waters until moving to high salinity estuarine and nearshore marine waters to
spawn in winter and early spring. Larvae develop in marine offshore environments, and would not
be present within Sunset Beach waters. Immature Striped Mullet move to estuaries during the
winter and generally occupy estuarine waters until spawning. Juveniles and adults may be present
near the project area, but are mobile and would be minimally impacted by turbidity, siltation, and
noise resulting from construction activities.
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Essential Fish Habitat Assessment
5.0 SUMMARY
The maintenance dredging of Mary's and Turtle Creek could likely result in primarily short-term,
localized, and temporary adverse effects to EFH and managed species. However, the avoidance
and minimization construction measures proposed should keep these impacts to a minimum. The
maintenance project should not create any permanent, long-term impacts to the managed species
or EFH. Short-term impacts will include increased turbidity, siltation, and noise from construction
activities, but most managed species found in this area are highly mobile and likely be able to
escape construction disturbance temporarily, eventually returning to the area post -construction.
Similarly, impacts to EFH areas such as the water column, benthic substrate, and emergent
wetlands may experience short term impacts which will recover over time. Limiting the dredging
activities from October 1 through March 31St should also limit the potential for impacts to occur.
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Essential Fish Habitat Assessment
6.0 REFERENCES
Atlantic States Marine Fisheries Commission (ASMFC). 2017. Fisheries Management. Available
at http://www.asmfc.org/fisheries-mans eg mel t/program-overview. Accessed July 2017.
Beck, M.W., K.L. Heck, Jr., K.W. Able, D.L. Childers, D.B. Eggleston, B.M. Gillanders, B.
Halpern, C.G. Hayes, K. Hoshino, T.J. Minello, R.J. Orth, P.F. Sheridan, and M.P.
Weinstein. 2001. "The Identification, Conservation, and Management of Estuarine and
Marine Nurseries for Fish and Invertebrates." Bioscience. 51(8):633-641.
Dernie, K.M., M.J. Kaiser, and R.M. Warwick. 2003. "Recovery rates of benthic communities
following physical disturbance." Journal of Animal Ecology. 72:1043-1053.
Ellis, B.O. 2009. "Year Five (Final) Submersed Aquatic Vegetation Survey, Currituck Sound,
Whalehead Bay-Currituck Heritage Park." Memorandum to John Hennessy,
Environmental Supervisor, National Park Service, Assistance and Compliance Oversight
Unit.
North Carolina Department of Environmental Quality Division of Marine Fisheries (NCDEQ-
DMF). 2001. Fishery Management Plans: Under Review or Completed. Available at
http://portal.ncdenr.org/web/mf/fmps-under-development. Accessed July 2017.
North Carolina Wildlife Resources Commission. 2005. North Carolina Wildlife Action Plan.
Available at
http: //www.ncwildlife. org/Portals/0/Conserving/documents/ActionPlan/WAP_complete.p
df. Accessed July 2017.
National Marine Fisheries Service (NMFS). 1999. Essential fish habitat: A marine fish habitat
conservation mandate for federal agencies. Revised 08/04. NMFS, Habitat Conservation
Division, Southeast Regional Office, St. Petersburg, Florida.
NMFS. 1999a. Final fishery management plan for Atlantic tuna, swordfish, and sharks, including
the revised final environmental impact statement, final regulatory impact review, the final
regulatory flexibility analysis, and the final social impact assessment. Highly Migratory
Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries
Service, Silver Springs, Maryland.
NMFS. 1999b. Amendment 1 to the Atlantic billfish fishery management plan, including the
revised final environmental impact statement, the final regulatory impact review, the final
regulatory flexibility analysis, and the final social impact assessment. Highly Migratory
Species Management Division, Office of Sustainable Fisheries, National Marine Fisheries
Service, Silver Springs, Maryland.
National Oceanic and Atmospheric Administration (NOAA). 2006. Consolidated Atlantic Highly
Migratory Species Fishery Management Plan; Appendix B: Essential Fish Habitat.
Available at:
hqp://www.fisheries.noaa.gov/sfa/hms/documents/fmp/consolidated/feis_q ]2endixb.pd£
Accessed July 2017.
NOAA. 2009. Final Amendment 1 to the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan, Essential Fish Habitat. National Oceanic and Atmospheric
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Essential Fish Habitat Assessment
Administration, National Marine Fisheries, Office of Sustainable Fisheries, Highly
Migratory Species Management Division, Silver Springs, Maryland. Public Document pp.
395.
NOAA. 2016. Amendment 10 to the 2006 Consolidated HMS Fishery Management Plan: Essential
Fish Habitat. Available at
http://www.nmfs.noaa.gov/sfa/hms/documents/fmp/am10/index.html. Accessed July
2017.
South Atlantic Fishery Management Council (SAFMC). 1998. Final Habitat Plan for the South
Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of
the South Atlantic Fishery Management Council. The Shrimp Fishery Management Plan,
the Snapper -Grouper Fishery Management Plan, the Coastal Migratory Pelagics Fishery
Management Plan, the Spiny Lobster Fishery Management Plan, Charleston, South
Carolina: South Atlantic Fishery Management Council, 457 p. plus Appendices and
Amendments. Available at hqp://www.safinc.net/resource-library. /�y-manaeg ment-
plans-amendments. Accessed: July 2017.
SAFMC. 2008. Fishery Management Plans. Available at http:Hsafmc.net/fishery-mana_m�ent-
plans-amendments/. Accessed: July 2017.
21 IPage

APPENDIX A
Previous Permits Identified for the Proposed Action

Permit Class Permit Number
MODIFICATION/NIINOR 22-02
STATE OF NORTH CAROLINA
artment of Environment and Natural Resources
and
Coastal Resources Commission
lAN 2 0 2005
p1V1S10N OF NVermtt
T
COASTAL MANAGEfr
MXMajor Developme t in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Sunset Beach, 700 Sunset Blvd. North, Sunset Beach NC 28468
Authorizing development in Brunswick County at Turtle and Mary's Creek, adj. AIWW
as requested in the permittee's letter dated 1/7/05
This permit, issued on January 14, 2005 , 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) This minor modification authorizes the use of Corps' dredge disposal site 310, as opposed to the
previously authorized Corps dredge disposal site 308.
2) This minor modification shall be attached to the original of Permit No. 22-02, which was issued on
2/26/02, as well as the minor modification issued on 11/4/02, and copies of all documents shall be
readily available on site when Division personnel inspect the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this minor modification unless
altered herein.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An 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, 2005
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Com inission.
ChaWs S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

JAN -07-2005 FRI 10:20 AM NC DIV OF COASTAL MGMNT FAX NO. 4
—. :., :.1.-1.---..,-- -.:. I.:,:
r 1'CI alit Class ••..•/�.
i S'l',1'i'L; OF NQIt"fiT CAROLINA
Department of Environment and Natural Resources
s'
and
Coastal Resources Commission
b-14% It - ....
for
X— Major Development in an Arca of Environmental Concern
pursuant Co NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
P. 01
(P
Permit Nt;utber
22-02
t T3cach, 700 Sunset Btvd. North, Snuset Dcach, NC
28468
ssuetlto 1'oranoPSnnse..--- _
Aulliorizing development in 13ntnswick
at I'urile and Mary's Creeks, adj_ATWW _
----- ..... s req iser tae terntlttce's aItlication dated _4./-4/01, includi.n attache
,
workplan drawingt' 2 dated 4/01, 2 dated revised 11/16/01, 3 dated 9/01, 2 dated red. 11/30/01 and 1 dated 3/01
111is permit, issuod oil _ Pebnmry 26,-2002 is subject 10 compliance with the application (where consistent
tviih the permit), oil alrplica1 regulations, special condi lions and notes set forth below. Any violation of these terms stay
be sob.j:_ct to fines, imprisonment or civil action_ or may cause the permit to be mill and void.
Excavation
1) .In order to protect juvenile shrimp aad fintish populations, no excavation or filling will be permitted
between April I and September 30 of any year without the prior approval of the Division of Coastal
PA' W"
gement, in consultation with the Division of Marine Fisheries.
2) Prior to the initialiott of any dredging activities within Tuttle Creek, the perrnittee shall, in coordination
with the Division of Marin: hisltcnes, develop and implement a oyster relocation plan for the Turtle
Crcck oyster population. Contact the Division of Marine Fisheries at [phone] to initiate tho
rcquirccl coordination. Notice of satisfactory completion of the relocation efforts must bo provided to
the, Division o FCoastal Management prior to initiation of dredging in Turtle Creek.
(Sec attached sheets for Additional Conditions)
This permit acCon rmy be appealed by the permitl.ee or
Aber giohf-ied persuns within twenty (20) days of the issuing
An airtanl rec.uires resolution prion to work initiation or
C mlinnn lice as the case may be.
This Pcn'nit must he accessible on-site to Department
personnel when the projccl is inspected for corapiiance,
Any 1111inten:ince work or project modification cot covered
hciewulut rquiras further Division s.pprc)val,
All work laust cense when the pennit expires on
Docculber 31, 2005
fl isuinl this pelmil, the State of North Carolina agrees
that ynur project is cousis6at with the North Carolina Coastal
Manns';anutt Yrohranl.
Signed by the authority of the Secretary of DIiNR and the
Chairman of the Coastal Resources Commission.
L)o z fa D. Moftitt, Director
,�Divisiort of Coastal Management
This Permit and its conditions are hereby accepted.
Signature of Permittee

JAN -07-2005 FRI 10:21 AM NO DIV OF COASTAL MGMNT FAX NO, 4
P. 02
I'crmit #22-02 ;;
Page 2 of 3 s;
ADI)ITIONAI, CONDITIONS
1
:)
Excavation shall not exceed -6 feet below the mean low water level near the mouth of the creeks, with
1110, depth of excavation gradually decreasing to -4 feet below mean low water at the bends of the two
Creeks.
4) In no case shall the depth of excavation exceed that of the connecting waters.
S) No coastal wetlands w0l be excavated or filled.
No cxcnvatioa may take place withia 20 feet of the edge of any area of coastal wetlands.
7) The,, temporary placement or double handling of fill materials within waters or vegetated we
thwds is not
authorized.
8) No excavation will take place at any time outside of the ali
drawing(s). gnment of the area indicated on the workplan
Spq Disposmd
f)) The authorized spoil disposal arca must be inspected and approved on-site by a representative of the
1)ivisicm of Coastal Management prior to the initiation of any dredging activities.
10) All excavated mawrials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
utarsh Or;;urraunding waters.
1 1) The disposal arc;r effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low waren level to prevent gully erosion and unnecessary siltation,
12) The terminal cad of the pipeline will be positioned at or greater than 50 feet from any Part of the dike
and. a maximum distance from spillways to allow settlement of Suspended sediments.
1.3) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
14) The diked disposal arca will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
15) 1'hc disposal area will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.

JAN -07-2005 FR1 10:21 AM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 03
tirrnset 11eaclt, Tontt of Permit 1;22-()7
Yahue 3 of 3
ADDITIONAL CONDIT.10NS
Scdiltientation and Erosion Control
N'OT'E_:_ An Erosion and Sedimentation Control flan will be required for this project, if such
authorisation has not yet been obtained, this plan must be filed at least thirty (30) days prior to
the beginning of .uiy land disturoing activity. Submit this plan to the Department of
Euviroonuatt aid Natural Resources, Land Quality Section, 127 Cardinal Drive Fxtension,
Wilmington, NC 28405.
16) 'fe perulitted activity will be conducted in such a manner as to prevent a ,significant increase in turbidity
Outside of the area of eorstruction or construction-rolated discharge. Increases such that the turbidity in
the watorbody is 25 NTU's or less in all saltwater classes are not considered significant.
17) Approptiale sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded utaterials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or banns, sand fence,, etc,).
General
1,4) TkO perntitice shall comply with the attached list of U.S. Coast Guard regulations.
19) 'fire permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other aheration of the structure or work authorized by this pennit, or if in the
opinion of the Sccrelauy of the Anny or his authorized representative, said stn.tcture or work shall cause
tmrcasonablc obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstrmions
caused thereby, without expense to the United States or the state of North Carolina. No claire shall be
made ngnutst the United States or the state of Nonh Carolina on account of any such removal or
altcrat.lon.
NOTR'; This permit docs not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
S.oTE; The permittee is encouraged to contact the Bn:nswick County mosquito control office at (910)
2.53-2515 ,o sdre<hrlc a pre-constnuction ronferencc to discuss mosquito control measures,
NO'11": The N.(. Division of Water Quality has authorized the proposed p.tnjcet under General Water
Quality Certification No. 3274 (DWQ Project No. 011865), which was issued on 1/11/02,
OTNl The U.S. Army Corps of Engineers ha
20000247. s assigied the proposed project COL Action id. No.

JAN -07-2005 FRI 10:21 AM NC DIV OF COASTAL MGMNT FAX NO, 4
C0,1 1-GUAl:fl REG1.:LA1105S AITLICABLE 1'0 DUDGE OPLIZAI1ONS
' '/
P>clow is a list of re ulatioits which arc applicable to eredyc operations :n the CO"I P 11 ilminMon mite. This iis; s
iv not all inclusive. We encourage dredge companies to schedule a meeting with members of t' USCG staff, in
orI er tv Lac provided amplifying iltfuttttalion or answers to any gt;estious that may exist. We also strongly
eticotna ,cal] uninspected Towing Vessels (U1'V) associated with each dredging operation to patticipate in Cho
{ USC0, s Voluntary Commercial Dockside Fxamination program. Please contact LT Dave Brown of the USCG
staff at (9 10) 81.5-4895, extension 108, to coordinate a mectin or docksido exam, x
S $
1. Li@,lits an clrel.lge pil>olines (33 CFR 88.15)
2. ],igbts on bart,;esat n bank or dock (33 CFR 88.13)
3. Lic;hls and Sha]>es (33 CFR 84.11-13)
4, Afooriug Buoys (33 CTR 62.35)
5, Spccinl Marks (33 CFR 67..31)
6, I;ninspcch d Towing Vessel's (LTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. U7'V 17rug'1'esting 1tcyuirenicots (33 CFR 4.06 & 4.03-2)
8. UTV Msa inc Radar Requirement (33 CCPR 164.01(h) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
1 D. 13'1'V Ivfarine Casualty Reporting (:ritcria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33)

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 27, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Ms. Gladys Adams
307 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Ms. Admas:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received December 8, 1986, for a
Department of the Army permit to maintain a canal off the Atlantic
Intracoastal Waterway (AIWW) at Sunset Beach, Brunswick County,
North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State -Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC087-N-010-0159 and will be
coordinated by Mr. Ernest Jahnke. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
ha W.
tHi s
hie , Regry Branch
\ Enclosure

-2 -
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agen
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General permit No. SAWC080—N-000-0291
Name of Applicant GENERAL PUBLIC
Effective Date February 6, 1986
Expiration Date February 6, 1991
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States upon the recommendation of the
Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of
March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby re—issued under authority of the Secretary of the
Army by the
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
To authorize those construction activities that receive prior approval from
the State of North Carolina in the form of the following authorizations:
1. Coastal Area Management Act (CAMA) Permit.
2. Permit to Dredge and/or Fill.
3. Water Quality Certification (Section 401 of the Clean Water Act).
This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties,
North Carolina, U.S. Army Engineer District, Wilmington.
1. Operating Procedures:
a. Applications for State and Federal authorizations will be accepted
directly and simultaneously by both the North Carolina Division of Coastal
Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps).
Receipt of a complete application by the NCDCM will initiate field review to

—Z—
include a site visit and preparation of an Environmental Consultant's Field '
Report. Receipt of an application by the Corps will initiate Federal review.
Immediately upon receipt by the Corps, an application will be assigned an
identification number, acknowledged, and the appropriate Corps Area
Coordinator will examine the application to assure that it can be -processed
pursuant to this general permit. The applicant and the NCDCM will be
furnished written notification of the Area Coordinator's determination.
Notification to the applicant will include a brief description of the
administrative process. For those proposals which may result in a discharge
into the waters of the United States, the North Carolina Division of
Environmental Management (NCDEM) 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.
b. The NCDCM Environmental Consultant's Field Report will he furnished by
the respective NCDCM Regional Offices to the Corps. The Corps will provide
copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the U.S. Environmental
Protection Agency (EPA). Receipt of the Report will initiate the Federal
agencies' review. The agencies will be provided sufficient time by the Corps,
normally 30 days, before their comments or recommendations, including any
recommended modifications or conditions necessary to make the proposal
acceptable, must be received by the Corps. Should the agencies not comment
within the review period, it will be assumed they offer no objections.
Extensions of time will be granted for agency review only if justified by
unusual circumstances. If an extension is granted that would delay a NCDCM
decision by the date on which an NCDCM decision must be made, the application
may be removed from this general permit.
c. The permit review process conducted by the NCDCM is a public process
involving public notices in local newspapers, public hearings, and various
public appeal procedures. In order to further inform the public, the Corps
will distribute, at intervals of approximately two weeks, an additional public
notice listing those permit applications received and being considered by
NCDCM and the Corps of Engineers under this general permit since the preceding
notice. The notice will invite, for a period of not less than 15 days, public
comment and/or requests for additional information and for public hearings.
All comments will be considered in the overall State/Corps decision.on the
permit.
d. This general permit does not, in any way, alter established procedures
or responsibilities, as required by Federal laws, memoranda of agreement, or
administrative regulations with respect to the Corps' coordination with the
review agencies. The applicant will continue to have the opportunity to rebut
objections to the proposal.

-3-
e. After agency comments are received, they will be reviewed by the Corps
and a coordinated Federal position will be prepared and furnished to the the
NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field
Consultant's Report. The coordinated Federal position will include all
conditions (including recommendations for denial) recommended by the three
Federal agencies listed in paragraph b. (above) unless a changed or omitted
condition has the prior written agreement of the affected agency.
f. In those cases where the Corps does not concur with conditions or
recommendations of one or more of the three listed Federal agencies, no
coordinated Federal position will be furnished to NCDCM until and unless
Federal agency agreement has been reached including, if necessary, entering
into the referral procedures outlined by current memoranda of agreement
between the Army and the respective agencies. The three agencies will be
furnished a copy of the coordinated Federal position at the time they are
furnished to NCDCM.
g. If the conditions (including recommendations for denial) from the
review agencies are unacceptable to the NCDCM, the NCDCM will contact the
Corps within 10 days of receipt of the Federal position 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
e. and f. (above) will apply, including the procedures of the memoranda of
agreement, if appropriate. If the conflict is resolved to the satisfaction of
the Corps and other affected review agencies, the NCDCM permit will be issued
and the authority of the general permit will apply.
h. If the conflict is not resolved within the time necessary for a
decision by NCDCM, NCDCM may proceed, independently, to conclude the State
action without inclusion of the Federal position. In this 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 project in
question may not proceed in the absence of Federal authorization.
i. If the coordinated Federal position is not in conflict with State
agency positions, law, regulation, or policy and is otherwise acceptable to
the NCDCM, a State permit will be developed by the NCDCM fully incorporating
the State and Federal positions. Copies of the permit will be furnished to
the applicant and the Corps. When required, a copy of the Section 401 Water
Quality Certification will be furnished to the applicant and the Corps.
Issuance of both the NCDCM permit and the NCDEM 401 Certification, if
required, must precede validation of this general permit by the District
Engineer or his representative.

-4—
j. If the NCDCM permit or Section 401 Water Quality Certification is
denied, the applicant will be informed that Federal authorization is also
denied.
k. Following issuance of a NCDCM permit, the project will be monitored by
NCDCM personnel and inspected for compliance in accordance with normal NCDCM
regulations and procedures. Monitoring and periodic evaluation will also be
conducted by Corps personnel. If at any time a violation of the NCDCM permit
is discovered which would also have been a violation of the Federal position,
enforcement action may be taken by both the NCDCM and the Corps in accordance
with their respective regulations and policies.
2. General Considerations:
a. All activities identified and authorized by this general permit must
be consistent with the terms and conditions of this authorization. Any
activity accomplished, but not specifically identified and authorized herein,
may constitute a violation of Federal statute and result in legal proceedings
as may be considered appropriate by the United States Government.
b. All activities authorized by this general permit which involve the
placement of dredged or fill material in waters of the United States or ocean
waters shall be consistent with the water quality standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the
Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413); and
applicable State and local law. To -assure preservation of water quality,
before any work is authorized by this general permit, a property owner, if
required to do so, must apply for and obtain a Water Quality Certification
from the NCDEM in accordance with Section 401 of the Clean Water Act.
c. This general permit does not authorize any activity which might affect
a threatened or endangered species as identified by the Endangered Species Act
(16 U.S.C. 1531) or adversely modify critical habitat of such species without
consultation with the USFWS.
d. When using this general permit, a property owner must make every
reasonable effort to prosecute the work in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental values.
e. When using this general permit, a property owner must prosecute the
work in a manner so as to minimize any degradation of water quality.
f. A permittee will allow the District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that
the activity is being performed in strict accordance with the terms and
conditions of this general permit.

-5—
g. The property owner will maintain any structure authorized by this
general permit in good condition and in accordance with approved plans and
drawings.
h. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State, or
local laws or regulations, nor does it obviate the requirement to obtain any
other Federal, State, or local assent required by law for the activity.
i. Authorization provided by this general permit may be modified,
suspended, or revoked in whole or in part if the District Engineer, acting on
behalf of the Secretary of the Army, determines that such action would be in
the best public interest. Modification, suspension, or revocation may occur
as a result of the evaluation of the permitted activities and their individual
or cumulative adverse impacts. Unless subject to modification, suspension, or
revocation, the term of this general permit will be 5 years. Any
modification, suspension, or revocation of authorization will not be the basis
for any claim against the U.S. Government.
j. If subsequent to performance of the work, should any information or
data furnished by the applicant prove to be false, incomplete, or inaccurate,
the authorization may be modified, suspended, or revoked in whole -or in part,
and the U.S. Government may institute appropriate legal proceedings.
k. There will be no unreasonable interference with navigation or the
right of the public to riparian access to navigable waters by the existence or
use of the activities authorized by _-this general permit.
1. A property owner, upon receipt of written notice from the District
Engineer of failure to comply with the terms and conditions of this general
permit will, within 60 days, without expense to the U.S. Government and in
such manner as the District Engineer may direct, effect compliance with the
terms and conditions or return the worksite to prework conditions.
m. This general permit does not apply to activities that would adversely
affect an area listed in the National Register of Historic Places or an area
which the Secretary of the Interior through the keeper of the National
Register of Historic Places would determine eligible for inclusion in the
Register. Proposals under this general permit will be furnished by NCDCM to
the State Historic Preservation Officer for his comments prior to final permit
activity authorization. Also, this general permit does not apply to
activities proposed to be located on wild and scenic rivers established
pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278).
n. This general permit does not authorize the interference with any
existing or proposed Federal project, and the permittee will not be entitled

to compensation for damage or injury to the structures or work authorized
herein which may be caused by or result from existing or future operations
undertaken by the United States in the public interest.
o. Any work performed in any area under the regulatory jurisdiction of
the Corps which does not comply with the terms and conditions of this general
permit must have prior approval under the customary regulations administered
by the Corps as found in 33 CFR 320-329.
3. Conditions and Procedures:
a. General. The aforementioned, detailed Operational Procedures apply to
construction activities that, prior to issuance of this general permit,
required State authorization in the form of a Coastal Area Management Act
(CAMA) permit for major development and/or a permit to excavate and/or fill
and Federal authorization as required by Section 10 of the River and Harbor
Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR
U.S.C. 1344).
b. Application. Any member of the general public proposing to accomplish
construction activities under the authorization of this general permit must
submit an appropriate, complete application with drawings to the Wilmington
District Engineer and the appropriate regional office of the NCDCM.
c. Validation. No work may proceed under this general permit until and
unless the District Engineer or his representative provides written validation
that the procedures and conditions of the general permit have been satisfied.
4. Exemptions:
a. This general permit will not he applicable to proposed construction
when the District Engineer believes that authorization may be warranted but
that the proposed activity would significantly affect the quality of the human
environment.
b. This general permit will not be applicable to proposed construction
when the District Engineer determines, after any necessary investigations,
that the proposed activity would adversely affect areas which possess
historical, cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act
(15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5
of the Act; and wild, scenic, and recreational rivers established by State and
local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible
for inclusion in the National Register of Historical Places as defined in the

. . ` —7—
National Historic Preservation Act of 1966 and its codified regulations and in
the National Historic Preservation Amendments Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
c. At his discretion, at any time during the processing cycle, the
District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure
for processing an individual permit in accordance with 33 CFR 325 may be
initiated.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
WAYNHANSON
Colonel, Corps of Engineers
District Engineer

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 17, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Mrs. Gladys Adams
107 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Mrs. Adams:
Reference your application for a Department of the Army permit
to maintain a canal off the Atlantic Intracoastal Waterway (AIWW)
at Sunset Beach, Brunswick County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
4has W. Hot1i
hef, Regulatory Branch
Enclosure

-2 -
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
March 30, 1987
Mr. Robert & Gladys Adams
307 Stokes Street
Sunset Beach, NC 28459
Dear Mr. & Mrs. Adams:
The enclosed permit constitutes authorization under the Coastal Area Management Act and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original
(yellow form) is retained by you and it must be available on-site when the project is inspected for
ccapliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal
Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty
(20) days of your receipt of this letter. You should also be aware that, by law, if another qualified
party submits a valid objection to the issuance of this pennit within twenty (20) days, the matter
must be resolved prior to work initiation.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all
work must be carried out in accordance with your application. Modifications, time extensions and future
maintenance require additional approval. Please read your permit carefully prior to starting work
and review all project plans, as approved. If you are having the work done by a contractor, it would
big to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review,
we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,
if questions arise concerning pen -nit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit,
you will be helping to protect our vitally important coastal resources.
Very sincerely,
Jon .Parker, Jr., Chief
Major Pennits Processing Section
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
Enclosure
An Equal Opportunity Affirmative Action Employer

Permit Class Permit Number
New STATE OF NORTH CAROLINA 73-87
Department of Naturalaommunity Development
i ePit
�v
�i t ' a. . , r yrs.\
Major��De�veloprrt0nt;in artea
a Excavation , fc� b fill}ng�p�ii -
to NCGS 113-229
issued to Robert & Gladys S. Adams, 307 Stokes Drive, Sunset Beach, NC 28459
authorizing development in
Brunswick
Countyat the AIWW, mainland side 1 mile east
of the Sunset Beach bridge as requested in the permittee's application dated 11/29/86 including
attached plats, 2, plan view dated 1/20/87 and cross section dated received 1/8/87.
This permit, issued on �AA2F/g _ , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) Excavation will not exceed 4 feet below the elevation of mean low water (MLW).
(3) Vegetated wetlands will not be excavated or filled.
(4) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surround-
ing waters.
(5) The diked disposal area will be constructed a sufficient distance from the
mean high water level or any marsh or eliminate the possibility of dike
erosion into or upon any marsh and/or surrounding waters.
(See attached sheet for Additional Conditions
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An 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 Departmental
approval.
All work must cease when the permit expires on
December 31, 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
-
David W. Owens, Director
Division of Coastal Management
This'perm and its conditions are hereby accepted.
Signature of Permittee

Robert & Gladys Adams
ADDITIONAL CONDITIONS
Permit #73-87
Page 2 of 2
(6) The outer edge of the spoil disposal area must be staked by representatives
of the Division of Coastal Management and/or the Corps of Engineers in order
to ensure no encroachment into adjacent wetlands.
(7) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the mean low water level within the canal
to be dredged to prevent gully erosion and unnecessary siltation.
(8) The terminal end of the pipeline will be positioned at or greater than fifty
(50) feet from any part of the dike and a maximum distance from spillways
to allow settlement of suspended solids.
(9) A water control structure will be installed at the intake end of the effluent
pipe leading from the retention area in order to ensure maximum settlement
of suspended solids.
(10) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction -related
discharge.
(11) The dike and spoil area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
I EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina
(GS 146-12)Dof Natural Resources and Community Development Department of the Army
(GS 113.229, h
143-215.3(a)(1), 143.215.3(c), 113A-118 ;'7-: 'G t= Iminaton District
' � r
Please t
ype or print and fill in all blanks. If information is not applicable, so indicate by placing NfA-in btan;�95",)
Applicant Information :',;,:.. L- F!CE
A. Name Adams Rnher+ C ni arlMcLain
^
�G S—S M c L a i n
Last First Middle
B. Address In7 gtnkea Drive
Street, P. O. Box or Route
Sitnsat Bach NC. IRar;a
City or Town State C119-579-5854
Zip Code Phone
II: Location of Proposed Project:
A. County Ar„nAwi.r+It
B. I. City, town, cotn'munity or landmark- q u n a P t B e a c h
2. Is proposed work within city limits? Yes_. X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Project
A. 1. Maintenance of existing project yea 2. New work
B. Purpose of excavation or fill
1. Access channel __ F. xis t length _A n n i width , _AJ0 1' depth' .t4, 0
2. Boat basin —length width
dejith .::;:
3. Fill area(8noi l Area) length200'_width 1501 depth +8.0'
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
' . Cubic yards — 5 , OLD 2. Type of material Arts; Rand 101 M i d
E. Fill material to be placed below MHW (see also VI. A)
I. Cubic yards— Nnn 2. Type of material
IV. Land Type, DI�SW Area, and Construction Equipment:
A. Docs the area to be excavated include any marshland, swamps or other wetland? Yes No --X_
_ B. Docs the disposal arca include any marshland, swamps or other wetland? Yes No _`
C. Disposal Area
1. Location On hiah around owned by D.G. Scranton
2. Do you claim title to disposal area?
D. Fill material source if fill'is to be trucked in
E. How will excavated material be entrapped and erosion controlled? _ n.. o = r f- h A i k e with
spillway,
l • 1 ypc of equipment lobe used All uyrlran 1 i r• Dv -pd❑
G. Will marshland be crossed in transporting equipment to project site? If yes, explain —m r)
F-81
V. 10/78

V. Intended Use of Project Area (Describe)
A. 1. Private_ PrivatPof Pxi4ting rhannal _
2. Commercial
3. Housing Development or Industrial
4. Other
S. 1. Lot size(s)
2. Elevation of lots) above mean high water
3. Soil type and texture
Sandy G' •y: `•
4. Type of building facilities or structures P r iy a t P r P G i A in n r; in s
S. Sewage disposal and/or waste water treatment A. Existing x Planned
8. Describe 5 e o t i e T
6. Land Classiftcation'(circle one)C
CONSERVA
VI. Pertaining to Fill and Water Quality:
VE LOPED TRANSITIONAL COMMUNITY RURAL
N OTHER (See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of rill materials below mean high water' Yes No _X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesNo
2. Type of discharge Run -Off From Spoil Arpa
3. Location of discharge Dredging Ar a
Vil. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, If applicable:
IX. Length of time requirod to complete prole": (unknown)
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the dead or other instrument under which the owner clams title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 836 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113-229 (d))Enter date served 12186
D. List names and complete addresses of the riparian iandowr-trs with property adjoining appiicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mg_ ,Tan Whishy 215 Mi -,ty PinP LrivP, Myrt1P RParh, S -r 7A9,77
D.G. Scranton 309 Stokes Drive, Sunset Beach, N.C. 28459
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE November 29, 1986
df
Applicant' i nature
Udi i„ SEE RE\ 1 �)IUL I OR MAILIN.:, iNSTR.JCTI01'1

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DRAFT BIOLOGICAL ASSESSMENT
Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging
Prepared by:
hd iq
MOFFATT & NICFiOL
4700 Falls of Neuse Road, Suite 300
Raleigh, NC 27609
Prepared for:
700 Sunset Blvd. N.
Sunset Beach. NC 28468

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
TABLE OF CONTENTS
1.0
BACKGROUND..............................................................................................................................
3
2.0
LISTED SPECIES AND CRITICAL HABITAT IN THE PROJECT AREA .................................
4
3.0
SPECIES NOT LIKELY TO OCCUR IN THE PROJECT AREA ..................................................
6
3.1
Turtles..........................................................................................................................................
6
3.2
Cockaded Woodpecker.................................................................................................................
7
3.3
Piping Plover.................................................................................................................................
7
3.4
Vegetative Species........................................................................................................................
8
4.0
SPECIES THAT MAY OCCUR IN THE PROJECT AREA...........................................................
9
4.1
Red Knot (Calidris canutus rufa)..................................................................................................
9
4.2
West Indian Manatee (Trichechus manatus..................................................................................
9
4.3
Wood Stork (Mycteria americana)..............................................................................................10
5.0
EFFECTS OF THE ACTION.........................................................................................................11
6.0
CONCLUSION...............................................................................................................................12
7.0
REFERENCES...............................................................................................................................12
Appendix A — Previous Permits Identified for the Proposed Action
Appendix B — Construction Conditions Proposed to Help Minimize Potential Impacts to
Manatee, Sea Turtles, and Smalltooth Sawfish.
LIST OF TABLES
Table 1. Brunswick County Threatened & Endangered Species............................................................
LIST OF FIGURES
61
Figure 1. Mary's & Turtle Creek Site Map................................................................................................... 4

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
1.0 BACKGROUND
This Biological Assessment (BA) addresses the potential effects of the maintenance dredging
planned for Mary's and Turtle Creek located in the Town of Sunset Beach, NC. The BA evaluates
the potential impacts the project may yield on federally protected resources, listed as endangered
or threatened under the Endangered Species Act (ESA), and/or their designated critical habitat.
Section 7 of the Endangered Species Act (ESA) requires a BA if a project, or action, could
potentially jeopardize the continued existence of any threatened or endangered species. This
includes the potential degradation or destruction of critical habitat believed to support a threatened
or endangered species.
Both Mary's and Turtle Creek carry the designation of Primary Nursery Area (PNA) as defined
by the North Carolina Division of Marine Fisheries (DMF). DMF designates areas of increased
environmental concern as PNA to help protect the sensitive habitat and discourage dredging
activities. However, both Mary's and Turtle Creek have previously been dredged on multiple
occasions under authorized permits from the North Carolina Department of Environmental Quality
(DEQ) and the US Army Corps of Engineers (USACE). Permit 22-02 provides the most recent
authorization from DEQ (formally known as the Department of Environment and Natural
Resources) and was issued on February 26, 2002. Additional state authorizations reference back
to permits 73-87 and 241-87. These permit references indicate both authorizations occurred in
1987; however, a records search only produced permit 73-87. Permit 73-87 covers the dredging of
Turtle Creek and therefore permit 241-87 most likely authorizes the dredging of Mary's Creek.
Identified previous federal authorizations also date back to 1987, when the Wilmington District
USACE authorized the dredging of Turtle Creek under action SAWC087-N-0 10-0 159. Appendix
A provides a copy of the previous permits located for the Mary's and Turtle Creek dredging
activities.
Figure 1 provides a plan view of the proposed maintenance dredging project, which follows the
same construction template as the previous permits. The maximum (deepest) dredge depth for both
creeks begins at the -6 MLW contour in the Atlantic Intracoastal Waterway (AIWW). The template
for Mary's Creek begins at a 60 -ft width and gradually reduces to a 40 -ft width. The maximum
dredge depth also reduces from -6 MLW to -4 MLW near the terminus of the work area. The
template for Turtle Creek maintains a consistent 40 -ft width throughout the work area. However,
the maximum dredge depth decreases from -6 MLW to -4 MLW as the template progresses. Both
dredge templates will be `box -cut' to provide a vertical side -slope. As the work areas equilibrate
after the maintenance event the slopes should reshape to a 3H:1 V slope. The dredging in Mary's
Creek covers approximately 52,000 ft2 (1. 19 Ac) and in Turtle Creek the dredging covers
approximately 44,000 ft2 (1.01 Ac).
All dredging operations for the maintenance project will occur outside the typical times of
increased environmental activity. The dredging timeframe proposed also maintains consistency
with the previous permits issued for the work and extends from October 1 through March 31St. No
dredging activities will occur outside of this timeframe without prior consent from the DEQ and
USACE.
3

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
Figure 1. Mary's & Turtle Creek Site Map

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
2.0 LISTED SPECIES AND CRITICAL HABITAT IN THE PROJECT AREA
Table 1 provides the ESA -listed species located in Brunswick County, where the project is
located (Table 1).
Table 1. Brunswick County Threatened & Endangered Species
Species
Lis
tin Status
Biological
Scientific
Common
Federal
Record
Habitat
Conclusion
Name
Name
Status
Status
Present
Chelonia
Green sea turtle
T
Current
No
No Effect
mydas
Eretmochelys
Hawksbill
imbricate
(carey) sea
E
Historic
No
No Effect
turtle
Lepidochelys
Kemp's
kempii
(Atlantic) ridley
E
Current
No
No Effect
sea turtle
Dermochelys
Leatherback sea
E
Current
No
No Effect
coriacea
turtle
Caretta caretta
Loggerhead sea
T
Current
No
No Effect
turtle
Charadrius
piping plover
T
Current
No
N/A
melodus
Picoides
Red -cockaded
E
Current
No
N/A
borealis
woodpecker
Calidris
Red knot
T
Current
Yes
No Effect
canutus rufa
Trichechus
West Indian
E
Current
Yes
No Effect
manatus
manatee
Mycteria
Wood stork
T
Current
Yes
No Effect
americana
Thalictrum
Cooley's
E
Current
No
N/A
cooleyi
meadowrue
Lysimachia
Rough -leaved
E
Current
No
N/A
asperulaefolia
loosestrife
Amaranthus
Seabeach
T
Current
No
N/A
pumilus
amaranth
Source: USFWS, 2015; NMFS, 2017
KEY:
E = endangered
T = threatened

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
3.0 SPECIES NOT LIKELY TO OCCUR IN THE PROJECT AREA
The following discussion addresses the listed or endangered species generally considered not
likely to frequent the project site. This includes the following species:
■ Green Sea Turtles
■ Hawksbill Sea Turtle
■ Kemp Ridley Sea Turtle
■ Leatherback Sea Turtle
■ Loggerhead Sea Turtle
3.1 Turtles
■ Red -Cockaded Woodpeckers
■ Piping Plovers
■ Cooley's Meadowrue
■ Rough -leaf loosestrife
■ Seabeach Amaranth
The green sea turtle (Chelonia mydas) has been documented to occur in coastal areas of Dare,
Onslow, New Hanover, and Brunswick Counties of North Carolina. In North Carolina, adult green
sea turtles feed on sea grass. However, no SAV beds have been identified in the project area.
Inspections of the project area occurred during October 2016 as part of alternate field work efforts
to conduct a shellfish survey. Therefore, the project area most likely cannot support green sea
turtles due to lack of adequate foraging habitat. As a result, impacts to this species are unlikely to
occur. There has not been any known occurrences of green turtles recorded in the vicinity of the
project area (NCNHP 2017).
Hawksbill sea turtles (Eretmochelys imbricate) are typically found in tropical and subtropical
oceans. However, sightings of these turtles have been reported on the east coast of the United
States as far north as Massachusetts, although rarely north of Florida. Sightings have been recorded
from a handful of counties in North Carolina, but the turtle is not known to breed in the state, and
there are no known occurrences of this species recorded from Brunswick County or in the vicinity
of the project area (NCNHP 2017).
While sightings of the Kemp's ridley sea turtle (Lepidochelys kempii) in North Carolina remain
rare, the occurrences may be on the rise. This species prefers shallow coastal waters. USFWS
indicates sightings of this species has only occurred in Pamlico County within the past 20 years
(USFWS, 2003). As a result, no sightings of this species have been recorded in the vicinity of the
project area (NCNHP 2017).
Leatherbacks (Dermochelys coriacea) are distributed world-wide in tropical waters of the Atlantic,
Pacific, and Indian oceans. They are generally open -ocean species, and may be common off the
North Carolina coast during certain times of the year. However, in northern waters leatherbacks
are reported to enter bays, estuaries, and other inland bodies of water. Major nesting areas occur
mainly in tropical regions. In the United States, primary nesting areas are in Florida; however,
nests are known from Georgia, South Carolina, and North Carolina as well. The project area
consists of two small interior channels and most likely could not support habitat suitable for a
Leatherback. No known sightings of the Leatherback have been recorded in the vicinity of the
project area (NCNHP 2017).
r%l

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
The loggerhead sea turtle (Caretta caretta) is distributed widely in its range, including the entire
North Carolina coast. It is often found hundreds of miles out to sea, but can also be found in inshore
areas such as bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers.
Feeding areas are typically coral reefs, rocky places, and ship wrecks (USFWS 2003). The
substrate of Mary's and Turtle Creeks generally consist of soft muck or fine sediment and most
likely would not be considered ideal habitat for the loggerhead. Young loggerheads are often found
in SAV beds and nesting occurs mainly on open beaches or along narrows bays with suitable soil
(USFWS 2003). Loggerhead sightings near the project area have occurred over the past several
decades (NCNHP 2017). Individual turtles may utilize Mary's and Turtle Creek temporarily during
migration events. However, the species generally would not be expected during the colder winter
months of October through March, when the proposed dredging will occur. Therefore, the
assessment considers impacts to the species not likely to occur since its presence remains unlikely
during construction.
3.2 Red -Cockaded Woodpecker
Red -Cockaded Woodpeckers (Picoides borealis) require open, mature, and old growth pine
habitats. Roosting trees generally must be at least 60-120 years old, depending on species of pine.
Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging
preference for pine trees 10 inches or larger in diameter. In good, moderately -stocked, pine habitat,
sufficient foraging substrate can be provided on 80 to 125 acres (USFWS 2003). Since these types
of terrestrial habitat are found well inland of the proposed project area, the analysis does not
consider impacts to the red -cockaded woodpecker likely to occur as a result of the project
construction.
3.3 Piping Plover
Piping Plovers (Charadrius melodus) have nests consisting of shallow scraped depressions in the
sand lined with shell fragments and little or no adjacent vegetation (Cohen et al., 2008; USFWS
1996). Piping plovers breed in three discrete geographic areas: the Atlantic Coast from NC to
Newfoundland, the Great Lakes region, and the Northern Great Plains region. Members of the
Atlantic Coast breeding population arrive on the breeding grounds and initiate courtship in late
March and early April. In NC, the breeding season extends from April through August. Nests in
NC may be found mid-to-late April and continue to nest through late May and early June. Chicks
and fledglings may be found May through August. Wintering plovers on the Atlantic coast are
found at accreting ends of barrier islands, along sandy peninsulas, and near coastal inlets. Preferred
foraging habitats include sandflats adjacent to inlets or passes, sandy mudflats along prograding
spits, and overwash areas. Roosting sites generally include inlet and adjacent ocean and estuarine
shorelines and nearby exposed tidal flats (USFWS 1996). Since the project area excludes these
types of habitat, construction impacts most likely will not occur to piping plover. In addition,
construction will occur between October I st and March 3 I st, outside the species general nesting
period.
7

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
3.4 Vegetative Species
Cooley's meadowrue (Thalictrum cooleyi) is known from North Carolina, Georgia, and Florida.
The North Carolina populations are located in Brunswick, Columbus, Onslow, and Pender
counties. Cooley's meadowrue occurs on circumneutral soils in grass -sedge bogs and wet pine
savannahs and savannah -like areas. It may also grow along fire -plow lines, in roadside ditches,
woodland clearings, and powerline rights-of-way. Disturbance of some kind is usually required to
maintain open habitat for Cooley's meadowrue (USFWS 1994). The habitat within Mary's and
Turtle Creek consist of fine grain sediment, muck, and coastal marsh. These areas generally do not
meet the documented criteria for the cooley meadowrue habitat. Therefore, the species most likely
will not occur within the project area and has been removed from further analysis.
Rough -leaf loosestrife (Lysimachia asperulaefolia) is endemic to the coastal plain and sandhills of
North Carolina and South Carolina. Habitat for rough -leaf loosestrife generally occurs in the
ecotone between longleaf pine or oak savannas and wet, shrubby areas containing moist, sandy or
peaty soils and low vegetation. The grass -shrub ecotone, where rough -leaf loosestrife generally
occurs, is fire -maintained, as are the adjacent plant communities (longleaf pine — scrub oak,
savanna, flatwoods, and pocosin). Several populations are known from roadsides and power line
rights-of-way where regular maintenance mimics fire and maintains vegetation so that herbaceous
species are open to sunlight. (USFWS 1995). The habitat within Mary's and Turtle Creek consist
of fine grain sediment, muck, and coastal marsh and generally does not meet the documented
criteria for the rough -leaf loosestrife habitat. Therefore, the species most likely will not occur
within the project area and has been removed from further analysis.
Seabeach amaranth (Amaranthus pumilus) is an annual plant found only along the Atlantic coastal
plain where it inhabits barrier island beaches. Its primary habitat includes overwash flats at the
accreting ends of the islands, lower foredunes, and upper strands of noneroding beaches (at the
wrackline). Seabeach amaranth is usually found on a nearly pure silica sand substrate that is
sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses)
and scattered shrubs. In NC, seeds germinate from April through July and flowering begins as
early as June. Seabeach amaranth seed production begins in July or August and peaks in
September. The reproductive season may extend into January (USFWS 1996b). In North Carolina,
populations occur in numerous coastal areas, including parts of Brunswick County. However, the
habitat within Mary's and Turtle Creek consist of fine grain sediment, muck, and coastal marsh
and generally does not meet the documented criteria for seabeach amaranth habitat. Therefore, the
species most likely will not occur within the project area and has been removed from further
analysis.
E:3

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
4.0 SPECIES THAT MAY OCCUR IN THE PROJECT AREA
The following discussion addresses listed or endangered species generally considered likely to
frequent the project site along with general construction practices proposed to help minimize
potential impacts. This includes the following species:
■ Red Knot
■ West Indian Manatee Wood Stork
4.1 Red Knot (Calidris canutus rufa)
Red knots breed in the central Canadian Arctic and occur in three main wintering groups: short
distance migrants that winter in the southeastern U.S., medium distance migrants that winter on
the northern coast of Brazil, and long-distance migrants that winter in Tierra del Fuego (southern
tip of South America) (Niles et al., 2012). In the southeastern U.S., red knots overwinter primarily
in FL and GA (Niles et al., 2008). However, red knots are known to winter as far north as VA
(Niles et al., 2012). Major stopover sites during the southbound migration include MA, CT, and
RI. During the northbound migration, stopover sites along the U.S. Atlantic coast include the
primary stopover in Delaware Bay although some red knots stop farther south between VA and
FL (Gillings et al., 2009; Niles et al., 2008). In NC, red knots use the Outer Banks as a stopover
site during spring and fall migrations. In some cases the Outer Banks has also served as an
overwinter site to migrating red knots (Niles et al., 2012; Dinsmore et al., 1998). Red knots are
most abundant in NC during the spring migration (April -June), with the highest concentration
generally observed in May.
Preferred wintering and migration habitats include muddy or sandy coastal areas, particularly the
mouths of bays and estuaries and unimproved tidal inlets and tidal flats. Wintering habitat in the
southeastern U.S. also includes peat banks, salt marshes, brackish lagoons, and mangroves. In this
region, red knots forage along sandy beaches, in tidal mudflats, along peat banks, and along barrier
islands (Niles et al., 2008). Preferred prey in nonbreeding habitats include horseshoe crab eggs,
snails, clams, and crustaceans (Cohen et al., 2010; Niles et al., 2008; Tsipoura and Burger, 1999).
Although the project area contains habitat suitable for red knot foraging activities, the construction
operations will generally occur below mean low water (MLW) during the months of October
through March. Occurrence of the red knot within the construction area remains unlikely
considering the activities timing and location. Sediment deposition will occur within an upland
material management site through hydraulic discharge of dredge spoil. However, impacts to the
red knot remain unlikely due to the slow velocity and accumulation of the effluent material.
4.2 West Indian Manatee (Trichechus manatus)
West Indian manatees occur in shallow waters generally close to shore in estuarine and river mouth
habitats (Rathbun et al., 1982). Preferred feeding habitats include shallow seagrass beds close to
deep channels in coastal and riverine habitats (e.g., Lefebvre et al., 2000; USFWS 2001a). West
Indian manatees are frequently located in secluded canals, creeks, embayments, and lagoons near
the mouths of coastal rivers and sloughs. These areas serve as locations of feeding, resting, mating,
M

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
and calving (USFWS 2001). Estuarine and brackish waters, including natural and artificial
freshwater sources, are typical West Indian manatee habitat (USFWS 2001a). West Indian
manatees rarely occur in offshore waters where abundant seagrass and vegetation are not available
(Reynolds III and Odell, 1991); however, sighting and tracking data indicate that some animals
have ventured offshore (e.g., Reynolds III and Ferguson, 1984; Lefebvre et al., 2001; Alvarez-
Aleman et al., 2010). Critical habitat is designated for the West Indian manatee in FL (41 FR
41914).
The West Indian manatee occurs in warm, subtropical, and tropical waters of the western North
Atlantic from the southeastern U.S. to Central America, northern South America, and the West
Indies (Lefebvre et al., 2001). During winter months, the FL population confines itself to inshore
and inner shelf waters of the southern half of peninsular FL where they utilize warm -water springs,
heated industrial effluents, and other warm -water sites (Laist et al., 2013; Lefebvre et al., 2001).
As water temperatures rise in spring, West Indian manatees disperse from winter aggregation
areas. West Indian manatees are frequently reported in coastal rivers of GA and SC during warmer
months (Lefebvre et al., 2001), and have been sighted as far north as MA (Beck 2006).
The project area does not provide potential foraging habitat for manatees. Although, NCNHP
shows sporadic occurrences of manatee in the project vicinity over the past several decades
(NCNHP 2017). The northern limit of the manatee's range extends to North Carolina, but low
temperatures prevent this species from commonly occurring in the area. The rarity of its occurrence
in the vicinity of the project area makes impacts to this species unlikely (USFWS 2008). In
addition, construction operations will occur during the months of October through March, when
cooler water temperatures will further discourage the manatee presence. Further precautions to be
implemented to help avoid impacts to the West Indian manatee include following the manatee
avoidance measures published by USFWS. Appendix B provides the referenced precautionary
measures.
4.3 Wood Stork (Mycteria americana)
Wood storks are not true migrants, but they generally disperse following breeding. Beginning in
late May, following breeding in FL, most fledglings, immatures, and adults disperse in peninsular
FL and northward (Coulter et al., 1999). The nonbreeding season range extends to eastern MS and
includes the above-mentioned areas as well as the rest of FL and the coastal plains and large river
systems of AL (79 FR 37078). Wood storks sighted farther west are likely part of the
Mexican/Guatemalan populations. However, some population mixing may occur (Bryan et al.,
2008).
Wood storks use a wide variety of freshwater and estuarine wetlands for nesting, feeding, and
roosting sites. Nesting colony sites are in freshwater and marine -estuarine forested habitats,
primarily in cypress swamps. However, depending on the location, colony sites may consist of
other plants, such as dead oaks, mangroves, cactus, black gum, willow, and buttonbush (Coulter
et al., 1999). Feeding habitat consists of natural and artificial wetlands where prey species are
available and water depths are appropriate (<50 cm) (Coulter et al., 1999). However, wood storks
are also known to feed in shallow brackish and saltwater pools and channels (LeGrand, 2013).

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
Wood storks also use man-made wetlands for foraging and breeding. Some of these man-made
wetlands include storm water treatment areas and ponds, golf course ponds, borrow pits, reservoirs,
roadside ditches, agricultural ditches, drainages, flow -ways, mining and mine reclamation areas,
and dredge spoil sites (USFWS 2007). Roosting sites are generally in trees over water, but storks
may also rest on the ground close to feeding sites (Coulter et al., 1999).
Sightings of wood storks made during the summer of 2017 confirms the species presence near the
project area. However, the dredging activities will occur during the months of October through
March, outside of the general migration period for wood storks in NC. In addition, recreational
water vessels utilize the construction area on frequent basis and further discourage the constant
presence of the wood stork. Therefore, this analysis considers impacts to this species not likely to
occur.
5.0 EFFECTS OF THE ACTION
Potential effects considered as a direct result of the maintenance dredging project primarily occur
as temporary and localized impacts. These potential impacts include injury from entrainment or
burial, behavioral effects caused by temporarily altered estuarine conditions such as dissolved
oxygen reductions, increases in turbidity and suspended sediments, and effects on movement of
certain species through the waterways. Construction best management practices (BMP)'s and
turbidity controls will be utilized during construction activities to minimize impacts where
possible.
The BMP's proposed include limiting the dredging activities to the months of October through
March when colder temperatures discourage an abundance of environmental activity. In addition,
marine vessels associated with the project will follow the precautionary measures recommended
by the USFWS for minimizing impacts to manatee. The guidelines published by the NMFS for
minimizing potential impacts to sea turtle and Smalltooth sawfish will also be followed. Appendix
B provides a copy of the referenced precautionary measures and guidelines.
Turbidity controls will be implemented at the material placement site to minimize the suspended
sediment re -introduced into the coastal waters surrounding the site. The effluent waters will be
detained within the material placement site through the use of a weir system to allow settling time
for the dredge effluent. Visual monitoring will also occur to help monitor the discharge waters and
limit the turbidity effects. The settling time for the dredge effluent will be increased at any point
when an increased turbidity plume becomes evident at the discharge location. Water quality testing
may also occur at the discharge location of the material placement site to help monitor potential
increases in turbidity. The tests, when considered necessary, will monitor the increase in NTU's
provided by the effluent discharge compared to a background or control site adjacent to the project
area.
The maintenance dredging activities most likely will not create any long-term permanent effects
to the project site. Both Mary's and Turtle Creek have previously been dredged and the current
project follows the same construction template. Therefore, the project should not create any
11

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
changes to the overall sedimentology or hydrology of the water bodies. The most recent
maintenance dredging for Mary's and Turtle Creek occurred approximate to 2002 and also in 1987.
6.0 CONCLUSION
In conclusion, this biological assessment concludes the proposed maintenance dredging of Mary's
and Turtle Creek should have no effect on the Brunswick County listed species/designated critical
habitat. The dredge activities will be limited to the months of October through March to help limit
potential impacts. In addition, published guidelines and precautionary measures from the USFWS
and the NMFS will be implemented during the construction process to reduce the potential for
impacts.
7.0 REFERENCES
Alvarez-Aleman, A., C.A. Beck, and J.A. Powell. 2010. First report of a Florida manatee
(Trichechus manatus latirostris) in Cuba. Aquatic Mammals 36(2):148-153.
Beck, C. 2006. Florida manatee travels to Cape Cod, Massachusetts. Sirenews 46:15-16.
Bryan, A.L., Jr., W.B. Brooks, J.D. Taylor, D.M. Richardson, C.W. Jeske, and I.L. Brisbin, Jr.
2008. Satellite tracking large-scale movements of wood storks captured in the Gulf Coast
Region. Waterbirds 31 (Special Publication 1):35-41.
Cohen, J.B., E.H. Wunker, and J.D. Fraser. 2008. Substrate and vegetation selection by nesting
Piping Plovers. Wilson Journal of Ornithology 120(2):404-407.
Cohen, J.B., S.M. Karpanty, J.D. Fraser, and B.R. Truitt. 2010. The effect of benthic prey
abundance and size on red knot (Calidris canutus) distribution at an alternative migratory
stopover site on the US Atlantic Coast. Journal of Ornithology 151:355-364.
Coulter, M.C., J.A. Rodgers, J.C. Ogden, and F.C. Depkin. 1999. Wood stork (Mycteria
americana), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of
Ornithology. Retrieved from the Birds of North America Online:
http : //bna.birds. comell. eduibna/species/409.
Dinsmore, S.J., J.A. Collazo, and J.R. Walters. 1998. Seasonal Numbers and Distribution of
Shorebirds on North Carolina's Outer Banks. Wilson Bull. 110: 171-18.
Gillings, S., P.W. Atkinson, A.J. Baker, K.A. Bennett, N.A. Clark, K.B. Cole, P.M. Gonzalez, K.S.
Kalasz, C.D.T. Minton, L.J. Niles, R.C. Porter, L De Lima Serrano, H.P. Sitters, and J.L.
Woods. 2009. Staging behavior in Red Knot (Calidris canutus) in Delaware Bay:
Implications for monitoring mass and population size. Auk 126(1):54-63.
Laist, D.W., C. Taylor, and J.E. Reynolds III. 2013. Winter habitat preferences for Florida
manatees and vulnerability to cold. PLoS ONE 8(3):e58978.
12

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
Lefebvre, L.W., J.P. Reid, W.J. Kenworthy, and J.A. Powell. 2000. Characterizing Manatee habitat
use and seagrass grazing in Florida and Puerto Rico: Implications for conservation and
management. Pacific Conservation Biology 5:289-298.
Lefebvre, L.W., M. Marmontel, J.P. Reid, G.B. Rathbun, and D.P. Domning. 2001. Status and
biogeography of the West Indian manatee. Pages 425-474 in Woods, C.A. and F.E. Sergile,
eds. Biogeography of the West Indies: Patterns and perspectives, 2d ed. Boca Raton,
Florida: CRC Press.
LeGrand, H. 2013. Wood stork — Mycteria americana in Birds of North Carolina: Their distribution
and abundance. Available at: http://www.carolinabirdclub.orii/ncbirds/accounts.php.
Accessed on October 11, 2017.
NCNHP. 2017. Heritage Data. Available at: hgps://www.ncnhp.or /g data. Accessed on September
15, 2017.
Niles, L.J., H.P. Sitters, A.D. Dey, P.W. Atkinson, A.J. Baker, K.A. Bennett, R. Carmona, K.E.
Clark, N.A. Clark, C. Espoz, P.M. Gonzalez, B.A. Harrington, D.E. Hernandez, K.S.
Kalasz, R.G. Lathrop, R.N. Matus, C.D.T. Minton, R.I.G. Morrison, M.K. Peck, W. Pitts,
R.A. Robinson, and L L. Serrano. 2008. Status of the Red Knot, Calidris canutus rufa, in
the Western Hemisphere. Studies Avian Biol. 36: 1-185.
Niles, L.J., J. Burger, R.R. Porter, A.D. Dey, S. Koch, B. Harrington, K. Iaquinto, and M. Boarman.
2012. Migration pathways, migration speeds and non -breeding areas used by northern
hemisphere wintering Red Knots Calidris canutus of the subspecies rufa. Wader Study
Group Bulletin 119(3):1-9.
NMFS. 2017. Endangered and Threatened Marine Species under NMFS' Jurisdiction. Available
at: http://www.nmfs.noaa.gov/pr/species/esa/listed.htm. Accessed on September 14, 2017.
NOAA. 2017. Station SSBN7 — Sunset Beach Nearshore Waves (SUN2WAVE). Available at:
http://www.ndbc.noaa.gov/station]2age.php?station=SSBN7. Accessed on September 15,
2017.
Rathbun, G.B., R.K. Bonde, and D. Clay. 1982. The status of the West Indian manatee on the
Atlantic coast north of Florida. Pages 152-165 in Odom, R.R. and J.W. Guthrie, eds.
Proceedings of the Nongame and Endangered Wildlife Symposium.
Reynolds III, J.E. and J.C. Ferguson. 1984. Implications of the presence of manatees (Trichechus
manatus) near the Dry Tortugas Islands. Florida Scientist 47(3):187-189.
Reynolds III, J.E. and D.K. Odell, eds. 1991. Marine mammal strandings in the United States:
Proceedings of the Second Marine Mammal Stranding Workshop, Miami, Florida, 3-5
December 1987. NOAA Technical Report NMFS 98:1-157.
Tsipoura, N. and J. Burger. 1999. Shorebird diet during spring migration stopover on Delaware
Bay. Condor 101(3):635-644.
13

Town of Sunset Beach
Mary's & Turtle Creek Maintenance Dredging Project
Biological Assessment
USFWS. 1994. Cooley's meadowrue recovery plan. Atlantic, Georgia: U.S. Fish and Wildlife
Service.
USFWS. 1995. Rough-leaved loosestrife recovery plan. Atlantic, Georgia: U.S. Fish and Wildlife
Service.
USFWS. 1996. Piping Plover (Charadrius melodus), Atlantic Coast Population, Revised Recovery
Plan. U.S. Fish and Wildlife Service, Hadley, MA.
USFWS. 2001. Florida Manatee Recovery Plan, (Trichechus manatus latirostris), Third Revision.
U.S. Fish and Wildlife Service. Atlanta, GA.
USFWS. 2003. Kemp's Ridley Sea Turtles in North Carolina. Available at:
https://www.fws.gov/nc-es/reptile/ridley.html. Accessed on September 25, 2017.
USFWS. 2003. Recovery plan for the red-cockaded woodpecker (Picoides borealis): Second
revision.
USFWS. 2003. Loggerhead Sea Turtles in North Carolina. Available at: hM2s://www.fws. og v/nc-
es/reptile/logger.html. Accessed on September 25, 2017.
USFWS. 2007. Wood stork (Mycteria americana). 5-Year review: Summary and evaluation.
Jacksonville, Florida: U.S. Fish and Wildlife Service, Southeast Region, Jacksonville
Ecological Services Field Office.
USFWS. 2008. Threatened and Endangered Species Descriptions. Available at:
http://www.fws.gov/ne-es/. Accessed on September 25, 2017.
USFWS. 2011. Seabeach Amaranth. Available at:
https://www.fws.gov/raleigh/sspecies/es_seabeach_amaranth.html. Accessed on October
11, 2017.
USFWS. 2015. Endangered Species, Threatened Species, Federal Species of Concern, and
Candidate Species, Brunswick County, North Carolina. Available at:
https://www.fws.gov/raleigh/species/cntylist/brunswick.html. Accessed on September 14,
2017.
USFWS. 2016. Wood Stork Species Account/Biologue. Available at:
https://www.fws.gov/northflorida/Species-Accounts/Wood-stork-2005.htm. Accessed on
September 25, 2017.
USFWS. 2017. Raleigh Field Office Work Area Contact Information. Available at:
haps://www.fws.gov/raleigh/contact_us.html. Accessed on September 15, 2017.
14

APPENDIX A
Previous Permits Identified for the Proposed Action

Permit Class Permit Number
MODIFICATION/NIINOR 22-02
STATE OF NORTH CAROLINA
artment of Environment and Natural Resources
and
Coastal Resources Commission
lAN 2 0 2005
p1V1S10N OF NVermtt
T
COASTAL MANAGEfr
MXMajor Developme t in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Sunset Beach, 700 Sunset Blvd. North, Sunset Beach NC 28468
Authorizing development in Brunswick County at Turtle and Mary's Creek, adj. AIWW
as requested in the permittee's letter dated 1/7/05
This permit, issued on January 14, 2005 , 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) This minor modification authorizes the use of Corps' dredge disposal site 310, as opposed to the
previously authorized Corps dredge disposal site 308.
2) This minor modification shall be attached to the original of Permit No. 22-02, which was issued on
2/26/02, as well as the minor modification issued on 11/4/02, and copies of all documents shall be
readily available on site when Division personnel inspect the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this minor modification unless
altered herein.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An 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, 2005
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Com inission.
ChaWs S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

JAN -07-2005 FRI 10:20 AM NC DIV OF COASTAL MGMNT FAX NO. 4
—. :., :.1.-1.---..,-- -.:. I.:,:
r 1'CI alit Class ••..•/�.
i S'l',1'i'L; OF NQIt"fiT CAROLINA
Department of Environment and Natural Resources
s'
and
Coastal Resources Commission
b-14% It - ....
for
X— Major Development in an Arca of Environmental Concern
pursuant Co NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
P. 01
(P
Permit Nt;utber
22-02
t T3cach, 700 Sunset Btvd. North, Snuset Dcach, NC
28468
ssuetlto 1'oranoPSnnse..--- _
Aulliorizing development in 13ntnswick
at I'urile and Mary's Creeks, adj_ATWW _
----- ..... s req iser tae terntlttce's aItlication dated _4./-4/01, includi.n attache
,
workplan drawingt' 2 dated 4/01, 2 dated revised 11/16/01, 3 dated 9/01, 2 dated red. 11/30/01 and 1 dated 3/01
111is permit, issuod oil _ Pebnmry 26,-2002 is subject 10 compliance with the application (where consistent
tviih the permit), oil alrplica1 regulations, special condi lions and notes set forth below. Any violation of these terms stay
be sob.j:_ct to fines, imprisonment or civil action_ or may cause the permit to be mill and void.
Excavation
1) .In order to protect juvenile shrimp aad fintish populations, no excavation or filling will be permitted
between April I and September 30 of any year without the prior approval of the Division of Coastal
PA' W"
gement, in consultation with the Division of Marine Fisheries.
2) Prior to the initialiott of any dredging activities within Tuttle Creek, the perrnittee shall, in coordination
with the Division of Marin: hisltcnes, develop and implement a oyster relocation plan for the Turtle
Crcck oyster population. Contact the Division of Marine Fisheries at [phone] to initiate tho
rcquirccl coordination. Notice of satisfactory completion of the relocation efforts must bo provided to
the, Division o FCoastal Management prior to initiation of dredging in Turtle Creek.
(Sec attached sheets for Additional Conditions)
This permit acCon rmy be appealed by the permitl.ee or
Aber giohf-ied persuns within twenty (20) days of the issuing
An airtanl rec.uires resolution prion to work initiation or
C mlinnn lice as the case may be.
This Pcn'nit must he accessible on-site to Department
personnel when the projccl is inspected for corapiiance,
Any 1111inten:ince work or project modification cot covered
hciewulut rquiras further Division s.pprc)val,
All work laust cense when the pennit expires on
Docculber 31, 2005
fl isuinl this pelmil, the State of North Carolina agrees
that ynur project is cousis6at with the North Carolina Coastal
Manns';anutt Yrohranl.
Signed by the authority of the Secretary of DIiNR and the
Chairman of the Coastal Resources Commission.
L)o z fa D. Moftitt, Director
,�Divisiort of Coastal Management
This Permit and its conditions are hereby accepted.
Signature of Permittee

JAN -07-2005 FRI 10:21 AM NO DIV OF COASTAL MGMNT FAX NO, 4
P. 02
I'crmit #22-02 ;;
Page 2 of 3 s;
ADI)ITIONAI, CONDITIONS
1
:)
Excavation shall not exceed -6 feet below the mean low water level near the mouth of the creeks, with
1110, depth of excavation gradually decreasing to -4 feet below mean low water at the bends of the two
Creeks.
4) In no case shall the depth of excavation exceed that of the connecting waters.
S) No coastal wetlands w0l be excavated or filled.
No cxcnvatioa may take place withia 20 feet of the edge of any area of coastal wetlands.
7) The,, temporary placement or double handling of fill materials within waters or vegetated we
thwds is not
authorized.
8) No excavation will take place at any time outside of the ali
drawing(s). gnment of the area indicated on the workplan
Spq Disposmd
f)) The authorized spoil disposal arca must be inspected and approved on-site by a representative of the
1)ivisicm of Coastal Management prior to the initiation of any dredging activities.
10) All excavated mawrials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
utarsh Or;;urraunding waters.
1 1) The disposal arc;r effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low waren level to prevent gully erosion and unnecessary siltation,
12) The terminal cad of the pipeline will be positioned at or greater than 50 feet from any Part of the dike
and. a maximum distance from spillways to allow settlement of Suspended sediments.
1.3) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
14) The diked disposal arca will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
15) 1'hc disposal area will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.

JAN -07-2005 FR1 10:21 AM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 03
tirrnset 11eaclt, Tontt of Permit 1;22-()7
Yahue 3 of 3
ADDITIONAL CONDIT.10NS
Scdiltientation and Erosion Control
N'OT'E_:_ An Erosion and Sedimentation Control flan will be required for this project, if such
authorisation has not yet been obtained, this plan must be filed at least thirty (30) days prior to
the beginning of .uiy land disturoing activity. Submit this plan to the Department of
Euviroonuatt aid Natural Resources, Land Quality Section, 127 Cardinal Drive Fxtension,
Wilmington, NC 28405.
16) 'fe perulitted activity will be conducted in such a manner as to prevent a ,significant increase in turbidity
Outside of the area of eorstruction or construction-rolated discharge. Increases such that the turbidity in
the watorbody is 25 NTU's or less in all saltwater classes are not considered significant.
17) Approptiale sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded utaterials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or banns, sand fence,, etc,).
General
1,4) TkO perntitice shall comply with the attached list of U.S. Coast Guard regulations.
19) 'fire permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other aheration of the structure or work authorized by this pennit, or if in the
opinion of the Sccrelauy of the Anny or his authorized representative, said stn.tcture or work shall cause
tmrcasonablc obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstrmions
caused thereby, without expense to the United States or the state of North Carolina. No claire shall be
made ngnutst the United States or the state of Nonh Carolina on account of any such removal or
altcrat.lon.
NOTR'; This permit docs not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
S.oTE; The permittee is encouraged to contact the Bn:nswick County mosquito control office at (910)
2.53-2515 ,o sdre<hrlc a pre-constnuction ronferencc to discuss mosquito control measures,
NO'11": The N.(. Division of Water Quality has authorized the proposed p.tnjcet under General Water
Quality Certification No. 3274 (DWQ Project No. 011865), which was issued on 1/11/02,
OTNl The U.S. Army Corps of Engineers ha
20000247. s assigied the proposed project COL Action id. No.

JAN -07-2005 FRI 10:21 AM NC DIV OF COASTAL MGMNT FAX NO, 4
C0,1 1-GUAl:fl REG1.:LA1105S AITLICABLE 1'0 DUDGE OPLIZAI1ONS
' '/
P>clow is a list of re ulatioits which arc applicable to eredyc operations :n the CO"I P 11 ilminMon mite. This iis; s
iv not all inclusive. We encourage dredge companies to schedule a meeting with members of t' USCG staff, in
orI er tv Lac provided amplifying iltfuttttalion or answers to any gt;estious that may exist. We also strongly
eticotna ,cal] uninspected Towing Vessels (U1'V) associated with each dredging operation to patticipate in Cho
{ USC0, s Voluntary Commercial Dockside Fxamination program. Please contact LT Dave Brown of the USCG
staff at (9 10) 81.5-4895, extension 108, to coordinate a mectin or docksido exam, x
S $
1. Li@,lits an clrel.lge pil>olines (33 CFR 88.15)
2. ],igbts on bart,;esat n bank or dock (33 CFR 88.13)
3. Lic;hls and Sha]>es (33 CFR 84.11-13)
4, Afooriug Buoys (33 CTR 62.35)
5, Spccinl Marks (33 CFR 67..31)
6, I;ninspcch d Towing Vessel's (LTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. U7'V 17rug'1'esting 1tcyuirenicots (33 CFR 4.06 & 4.03-2)
8. UTV Msa inc Radar Requirement (33 CCPR 164.01(h) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
1 D. 13'1'V Ivfarine Casualty Reporting (:ritcria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33)

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 27, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Ms. Gladys Adams
307 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Ms. Admas:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received December 8, 1986, for a
Department of the Army permit to maintain a canal off the Atlantic
Intracoastal Waterway (AIWW) at Sunset Beach, Brunswick County,
North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State -Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act, has been assigned No. SAWC087-N-010-0159 and will be
coordinated by Mr. Ernest Jahnke. He is available to address
questions or comments you may have at telephone [phone].
Sincerely,
ha W.
tHi s
hie , Regry Branch
\ Enclosure

-2 -
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
Region IV
U.S. Environmental Protection Agen
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General permit No. SAWC080—N-000-0291
Name of Applicant GENERAL PUBLIC
Effective Date February 6, 1986
Expiration Date February 6, 1991
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States upon the recommendation of the
Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of
March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby re—issued under authority of the Secretary of the
Army by the
District Engineer
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
To authorize those construction activities that receive prior approval from
the State of North Carolina in the form of the following authorizations:
1. Coastal Area Management Act (CAMA) Permit.
2. Permit to Dredge and/or Fill.
3. Water Quality Certification (Section 401 of the Clean Water Act).
This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties,
North Carolina, U.S. Army Engineer District, Wilmington.
1. Operating Procedures:
a. Applications for State and Federal authorizations will be accepted
directly and simultaneously by both the North Carolina Division of Coastal
Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps).
Receipt of a complete application by the NCDCM will initiate field review to

—Z—
include a site visit and preparation of an Environmental Consultant's Field '
Report. Receipt of an application by the Corps will initiate Federal review.
Immediately upon receipt by the Corps, an application will be assigned an
identification number, acknowledged, and the appropriate Corps Area
Coordinator will examine the application to assure that it can be -processed
pursuant to this general permit. The applicant and the NCDCM will be
furnished written notification of the Area Coordinator's determination.
Notification to the applicant will include a brief description of the
administrative process. For those proposals which may result in a discharge
into the waters of the United States, the North Carolina Division of
Environmental Management (NCDEM) 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.
b. The NCDCM Environmental Consultant's Field Report will he furnished by
the respective NCDCM Regional Offices to the Corps. The Corps will provide
copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the U.S. Environmental
Protection Agency (EPA). Receipt of the Report will initiate the Federal
agencies' review. The agencies will be provided sufficient time by the Corps,
normally 30 days, before their comments or recommendations, including any
recommended modifications or conditions necessary to make the proposal
acceptable, must be received by the Corps. Should the agencies not comment
within the review period, it will be assumed they offer no objections.
Extensions of time will be granted for agency review only if justified by
unusual circumstances. If an extension is granted that would delay a NCDCM
decision by the date on which an NCDCM decision must be made, the application
may be removed from this general permit.
c. The permit review process conducted by the NCDCM is a public process
involving public notices in local newspapers, public hearings, and various
public appeal procedures. In order to further inform the public, the Corps
will distribute, at intervals of approximately two weeks, an additional public
notice listing those permit applications received and being considered by
NCDCM and the Corps of Engineers under this general permit since the preceding
notice. The notice will invite, for a period of not less than 15 days, public
comment and/or requests for additional information and for public hearings.
All comments will be considered in the overall State/Corps decision.on the
permit.
d. This general permit does not, in any way, alter established procedures
or responsibilities, as required by Federal laws, memoranda of agreement, or
administrative regulations with respect to the Corps' coordination with the
review agencies. The applicant will continue to have the opportunity to rebut
objections to the proposal.

-3-
e. After agency comments are received, they will be reviewed by the Corps
and a coordinated Federal position will be prepared and furnished to the the
NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field
Consultant's Report. The coordinated Federal position will include all
conditions (including recommendations for denial) recommended by the three
Federal agencies listed in paragraph b. (above) unless a changed or omitted
condition has the prior written agreement of the affected agency.
f. In those cases where the Corps does not concur with conditions or
recommendations of one or more of the three listed Federal agencies, no
coordinated Federal position will be furnished to NCDCM until and unless
Federal agency agreement has been reached including, if necessary, entering
into the referral procedures outlined by current memoranda of agreement
between the Army and the respective agencies. The three agencies will be
furnished a copy of the coordinated Federal position at the time they are
furnished to NCDCM.
g. If the conditions (including recommendations for denial) from the
review agencies are unacceptable to the NCDCM, the NCDCM will contact the
Corps within 10 days of receipt of the Federal position 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
e. and f. (above) will apply, including the procedures of the memoranda of
agreement, if appropriate. If the conflict is resolved to the satisfaction of
the Corps and other affected review agencies, the NCDCM permit will be issued
and the authority of the general permit will apply.
h. If the conflict is not resolved within the time necessary for a
decision by NCDCM, NCDCM may proceed, independently, to conclude the State
action without inclusion of the Federal position. In this 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 project in
question may not proceed in the absence of Federal authorization.
i. If the coordinated Federal position is not in conflict with State
agency positions, law, regulation, or policy and is otherwise acceptable to
the NCDCM, a State permit will be developed by the NCDCM fully incorporating
the State and Federal positions. Copies of the permit will be furnished to
the applicant and the Corps. When required, a copy of the Section 401 Water
Quality Certification will be furnished to the applicant and the Corps.
Issuance of both the NCDCM permit and the NCDEM 401 Certification, if
required, must precede validation of this general permit by the District
Engineer or his representative.

-4—
j. If the NCDCM permit or Section 401 Water Quality Certification is
denied, the applicant will be informed that Federal authorization is also
denied.
k. Following issuance of a NCDCM permit, the project will be monitored by
NCDCM personnel and inspected for compliance in accordance with normal NCDCM
regulations and procedures. Monitoring and periodic evaluation will also be
conducted by Corps personnel. If at any time a violation of the NCDCM permit
is discovered which would also have been a violation of the Federal position,
enforcement action may be taken by both the NCDCM and the Corps in accordance
with their respective regulations and policies.
2. General Considerations:
a. All activities identified and authorized by this general permit must
be consistent with the terms and conditions of this authorization. Any
activity accomplished, but not specifically identified and authorized herein,
may constitute a violation of Federal statute and result in legal proceedings
as may be considered appropriate by the United States Government.
b. All activities authorized by this general permit which involve the
placement of dredged or fill material in waters of the United States or ocean
waters shall be consistent with the water quality standards and management
practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the
Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413); and
applicable State and local law. To -assure preservation of water quality,
before any work is authorized by this general permit, a property owner, if
required to do so, must apply for and obtain a Water Quality Certification
from the NCDEM in accordance with Section 401 of the Clean Water Act.
c. This general permit does not authorize any activity which might affect
a threatened or endangered species as identified by the Endangered Species Act
(16 U.S.C. 1531) or adversely modify critical habitat of such species without
consultation with the USFWS.
d. When using this general permit, a property owner must make every
reasonable effort to prosecute the work in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental values.
e. When using this general permit, a property owner must prosecute the
work in a manner so as to minimize any degradation of water quality.
f. A permittee will allow the District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that
the activity is being performed in strict accordance with the terms and
conditions of this general permit.

-5—
g. The property owner will maintain any structure authorized by this
general permit in good condition and in accordance with approved plans and
drawings.
h. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State, or
local laws or regulations, nor does it obviate the requirement to obtain any
other Federal, State, or local assent required by law for the activity.
i. Authorization provided by this general permit may be modified,
suspended, or revoked in whole or in part if the District Engineer, acting on
behalf of the Secretary of the Army, determines that such action would be in
the best public interest. Modification, suspension, or revocation may occur
as a result of the evaluation of the permitted activities and their individual
or cumulative adverse impacts. Unless subject to modification, suspension, or
revocation, the term of this general permit will be 5 years. Any
modification, suspension, or revocation of authorization will not be the basis
for any claim against the U.S. Government.
j. If subsequent to performance of the work, should any information or
data furnished by the applicant prove to be false, incomplete, or inaccurate,
the authorization may be modified, suspended, or revoked in whole -or in part,
and the U.S. Government may institute appropriate legal proceedings.
k. There will be no unreasonable interference with navigation or the
right of the public to riparian access to navigable waters by the existence or
use of the activities authorized by _-this general permit.
1. A property owner, upon receipt of written notice from the District
Engineer of failure to comply with the terms and conditions of this general
permit will, within 60 days, without expense to the U.S. Government and in
such manner as the District Engineer may direct, effect compliance with the
terms and conditions or return the worksite to prework conditions.
m. This general permit does not apply to activities that would adversely
affect an area listed in the National Register of Historic Places or an area
which the Secretary of the Interior through the keeper of the National
Register of Historic Places would determine eligible for inclusion in the
Register. Proposals under this general permit will be furnished by NCDCM to
the State Historic Preservation Officer for his comments prior to final permit
activity authorization. Also, this general permit does not apply to
activities proposed to be located on wild and scenic rivers established
pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278).
n. This general permit does not authorize the interference with any
existing or proposed Federal project, and the permittee will not be entitled

to compensation for damage or injury to the structures or work authorized
herein which may be caused by or result from existing or future operations
undertaken by the United States in the public interest.
o. Any work performed in any area under the regulatory jurisdiction of
the Corps which does not comply with the terms and conditions of this general
permit must have prior approval under the customary regulations administered
by the Corps as found in 33 CFR 320-329.
3. Conditions and Procedures:
a. General. The aforementioned, detailed Operational Procedures apply to
construction activities that, prior to issuance of this general permit,
required State authorization in the form of a Coastal Area Management Act
(CAMA) permit for major development and/or a permit to excavate and/or fill
and Federal authorization as required by Section 10 of the River and Harbor
Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR
U.S.C. 1344).
b. Application. Any member of the general public proposing to accomplish
construction activities under the authorization of this general permit must
submit an appropriate, complete application with drawings to the Wilmington
District Engineer and the appropriate regional office of the NCDCM.
c. Validation. No work may proceed under this general permit until and
unless the District Engineer or his representative provides written validation
that the procedures and conditions of the general permit have been satisfied.
4. Exemptions:
a. This general permit will not he applicable to proposed construction
when the District Engineer believes that authorization may be warranted but
that the proposed activity would significantly affect the quality of the human
environment.
b. This general permit will not be applicable to proposed construction
when the District Engineer determines, after any necessary investigations,
that the proposed activity would adversely affect areas which possess
historical, cultural, scenic, conservation, or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act
(15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5
of the Act; and wild, scenic, and recreational rivers established by State and
local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible
for inclusion in the National Register of Historical Places as defined in the

. . ` —7—
National Historic Preservation Act of 1966 and its codified regulations and in
the National Historic Preservation Amendments Act of 1980.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
c. At his discretion, at any time during the processing cycle, the
District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure
for processing an individual permit in accordance with 33 CFR 325 may be
initiated.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
WAYNHANSON
Colonel, Corps of Engineers
District Engineer

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 17, 1987
SUBJECT: File No. SAWC087-N-010-0159
Mr. Robert Adams and
Mrs. Gladys Adams
107 Stokes Drive
Sunset Beach, North Carolina 28459
Dear Mr. and Mrs. Adams:
Reference your application for a Department of the Army permit
to maintain a canal off the Atlantic Intracoastal Waterway (AIWW)
at Sunset Beach, Brunswick County, North Carolina.
Your proposal has been reviewed and found to be consistent
with the provisions and objectives of general permit No. SAWC080-
N-000-0291. Therefore, you may commence construction activity in
strict accordance with applicable State authorization and the
enclosed plan. Failure to comply with the State authorization or
conditions of the general permit could result in a violation of
Federal law.
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.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
4has W. Hot1i
hef, Regulatory Branch
Enclosure

-2 -
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
March 30, 1987
Mr. Robert & Gladys Adams
307 Stokes Street
Sunset Beach, NC 28459
Dear Mr. & Mrs. Adams:
The enclosed permit constitutes authorization under the Coastal Area Management Act and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original
(yellow form) is retained by you and it must be available on-site when the project is inspected for
ccapliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal
Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty
(20) days of your receipt of this letter. You should also be aware that, by law, if another qualified
party submits a valid objection to the issuance of this pennit within twenty (20) days, the matter
must be resolved prior to work initiation.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all
work must be carried out in accordance with your application. Modifications, time extensions and future
maintenance require additional approval. Please read your permit carefully prior to starting work
and review all project plans, as approved. If you are having the work done by a contractor, it would
big to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review,
we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,
if questions arise concerning pen -nit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit,
you will be helping to protect our vitally important coastal resources.
Very sincerely,
Jon .Parker, Jr., Chief
Major Pennits Processing Section
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
Enclosure
An Equal Opportunity Affirmative Action Employer

Permit Class Permit Number
New STATE OF NORTH CAROLINA 73-87
Department of Naturalaommunity Development
i ePit
�v
�i t ' a. . , r yrs.\
Major��De�veloprrt0nt;in artea
a Excavation , fc� b fill}ng�p�ii -
to NCGS 113-229
issued to Robert & Gladys S. Adams, 307 Stokes Drive, Sunset Beach, NC 28459
authorizing development in
Brunswick
Countyat the AIWW, mainland side 1 mile east
of the Sunset Beach bridge as requested in the permittee's application dated 11/29/86 including
attached plats, 2, plan view dated 1/20/87 and cross section dated received 1/8/87.
This permit, issued on �AA2F/g _ , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) In order to protect juvenile shrimp and fin fish populations, no excavation
or filling will be permitted between April 1 and September 30 of any year
without the prior approval of the Division of Coastal Management.
(2) Excavation will not exceed 4 feet below the elevation of mean low water (MLW).
(3) Vegetated wetlands will not be excavated or filled.
(4) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surround-
ing waters.
(5) The diked disposal area will be constructed a sufficient distance from the
mean high water level or any marsh or eliminate the possibility of dike
erosion into or upon any marsh and/or surrounding waters.
(See attached sheet for Additional Conditions
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An 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 Departmental
approval.
All work must cease when the permit expires on
December 31, 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
-
David W. Owens, Director
Division of Coastal Management
This'perm and its conditions are hereby accepted.
Signature of Permittee

Robert & Gladys Adams
ADDITIONAL CONDITIONS
Permit #73-87
Page 2 of 2
(6) The outer edge of the spoil disposal area must be staked by representatives
of the Division of Coastal Management and/or the Corps of Engineers in order
to ensure no encroachment into adjacent wetlands.
(7) The disposal area effluent will be contained by pipe, trough or similar
device to a point at or below the mean low water level within the canal
to be dredged to prevent gully erosion and unnecessary siltation.
(8) The terminal end of the pipeline will be positioned at or greater than fifty
(50) feet from any part of the dike and a maximum distance from spillways
to allow settlement of suspended solids.
(9) A water control structure will be installed at the intake end of the effluent
pipe leading from the retention area in order to ensure maximum settlement
of suspended solids.
(10) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction -related
discharge.
(11) The dike and spoil area will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) days of project completion.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
I EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina
(GS 146-12)Dof Natural Resources and Community Development Department of the Army
(GS 113.229, h
143-215.3(a)(1), 143.215.3(c), 113A-118 ;'7-: 'G t= Iminaton District
' � r
Please t
ype or print and fill in all blanks. If information is not applicable, so indicate by placing NfA-in btan;�95",)
Applicant Information :',;,:.. L- F!CE
A. Name Adams Rnher+ C ni arlMcLain
^
�G S—S M c L a i n
Last First Middle
B. Address In7 gtnkea Drive
Street, P. O. Box or Route
Sitnsat Bach NC. IRar;a
City or Town State C119-579-5854
Zip Code Phone
II: Location of Proposed Project:
A. County Ar„nAwi.r+It
B. I. City, town, cotn'munity or landmark- q u n a P t B e a c h
2. Is proposed work within city limits? Yes_. X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Project
A. 1. Maintenance of existing project yea 2. New work
B. Purpose of excavation or fill
1. Access channel __ F. xis t length _A n n i width , _AJ0 1' depth' .t4, 0
2. Boat basin —length width
dejith .::;:
3. Fill area(8noi l Area) length200'_width 1501 depth +8.0'
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
' . Cubic yards — 5 , OLD 2. Type of material Arts; Rand 101 M i d
E. Fill material to be placed below MHW (see also VI. A)
I. Cubic yards— Nnn 2. Type of material
IV. Land Type, DI�SW Area, and Construction Equipment:
A. Docs the area to be excavated include any marshland, swamps or other wetland? Yes No --X_
_ B. Docs the disposal arca include any marshland, swamps or other wetland? Yes No _`
C. Disposal Area
1. Location On hiah around owned by D.G. Scranton
2. Do you claim title to disposal area?
D. Fill material source if fill'is to be trucked in
E. How will excavated material be entrapped and erosion controlled? _ n.. o = r f- h A i k e with
spillway,
l • 1 ypc of equipment lobe used All uyrlran 1 i r• Dv -pd❑
G. Will marshland be crossed in transporting equipment to project site? If yes, explain —m r)
F-81
V. 10/78

V. Intended Use of Project Area (Describe)
A. 1. Private_ PrivatPof Pxi4ting rhannal _
2. Commercial
3. Housing Development or Industrial
4. Other
S. 1. Lot size(s)
2. Elevation of lots) above mean high water
3. Soil type and texture
Sandy G' •y: `•
4. Type of building facilities or structures P r iy a t P r P G i A in n r; in s
S. Sewage disposal and/or waste water treatment A. Existing x Planned
8. Describe 5 e o t i e T
6. Land Classiftcation'(circle one)C
CONSERVA
VI. Pertaining to Fill and Water Quality:
VE LOPED TRANSITIONAL COMMUNITY RURAL
N OTHER (See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of rill materials below mean high water' Yes No _X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? YesNo
2. Type of discharge Run -Off From Spoil Arpa
3. Location of discharge Dredging Ar a
Vil. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, If applicable:
IX. Length of time requirod to complete prole": (unknown)
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the dead or other instrument under which the owner clams title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 836 X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113-229 (d))Enter date served 12186
D. List names and complete addresses of the riparian iandowr-trs with property adjoining appiicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mg_ ,Tan Whishy 215 Mi -,ty PinP LrivP, Myrt1P RParh, S -r 7A9,77
D.G. Scranton 309 Stokes Drive, Sunset Beach, N.C. 28459
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE November 29, 1986
df
Applicant' i nature
Udi i„ SEE RE\ 1 �)IUL I OR MAILIN.:, iNSTR.JCTI01'1

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APPENDIX B
Construction Conditions Proposed to Help Minimize Potential Impacts to Manatee,
Sea Turtles, and Smalltooth Sawfish.

" United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
4 s. % Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving aboul
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
9TO
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water -related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will preferentially follow
deep -water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-
5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc

" United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
4 s. % Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving aboul
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
9TO
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water -related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will preferentially follow
deep -water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-
5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 3, 2017
Rebeckah Hollowell
Moffatt & Nichol
272 N. Front Street, Suite 204
Wilmington, NC 28401
rhollowell c&moffattnichol.com
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Town of Sunset Beach Jinks Creek Channel Dredging Project, Brunswick County, ER 17-1757
Dear Ms. Hollowell:
Thank you for your letter of September 12, 2017, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be
affected by the project. Therefore, we have no comment on the project as proposed.
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,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the
above -referenced tracking number.
Sincerely,
03r��i 11 %S,
emona M. Bartos
Location: 109 Ea njones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Pax: [phone]/807-6599

ON MP -1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Project Name (if applicable)
Business Name
Business Name
Town Of Sunset Beach
Town of Sunset Beach Navigation Project; Maintenance
Dredging of Mary's & Turtle Creek
Applicant 1: First Name
MI
Last Name
Susan
MI
Parker
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
700 Sunset Blvd N.
Sunset Beach
North Carolina
ZIP
Country
Phone No.
FAX No.
28468
USA
910 - 579 - 6297 ext. 1004
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Moffatt & Nichol
Agent/ Contractor 1: First Name
MI
Last Name
Robert
Neal
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
272 N. Front Street, Suite 204
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28401
910 - 218 -
7100 ext.
ext.
FAX No.
Contractor #
919 781 4869
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net

Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
206 Sunset Blvd. North
n/a
Subdivision Name
City
State
Zip
n/a
Sunset Beach
NC
28468 -
Phone No.
Lot No. (s) (if many, attach additional page with list)
910 - 579 - 6297 ext.
, , , ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Lumber
Atlantic Intracoastal Waterway
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ❑Manmade ®Unknown
Tubbs Inlet
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
h.
Sunset Beach
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
1,075 feet - Mary's Creek and 1,100 feet - Turtle Creek
2.2 acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
2.38 acre Mary's, 0.52 acre Turtle,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
n/a ❑NHW or ❑NWL
e.
Vegetation on tract
Spartina alterniflora and S. patens at various locations on the margin of the Creeks. The project will maintain a 20 -ft
dredging buffer from any coastal marsh to avoid any potenial impacts to the wetland habitat.
f.
Man-made features and uses now on tract
Fixed and floating docks, bulkheads, and the previously dredged Creeks themselves.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Recreational (Park), commercial & residential
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Mary's Creek; Recreational- Institutional (RI -1), Mainland
(Attach zoning compliance certificate, if applicable)
Business (MB -2) and Mainland Residential (MR -1): Turtle
®Yes ❑No ❑NA
Creek - Mainland Residential (MR -2))
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net

Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
n/a
o. Describe existing drinking water supply source.
n/a
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government
❑ Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Provide recreational navigation access through Mary's &Turtle Creek on the east side of Sunset Beach.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Hydraulic dredging equipment with temporary pipeline installed waterward of MLW. Dredge spoil will be placed in USACE
material placement island 310 or 311. The pipeline will avoid any marsh grasses to the extent reasonable and will be
anchored during any navigation access crossings to allow a minimum clearance of 4 ft.
d. List all development activities you propose.
n/a
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance
f. What is the approximate total disturbed land area resulting from the proposed project? 2.2 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Dredge effluent will be discharged from the material placement islands to the Atlantic Intracoastal Waterway (AIWW).
Sediment will be allowed to settle out of the discharge waters by use of a weir system. The effluent will be
discharged waterward of the MLW contour to reduce the potential for gullying or erosion.
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net

Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Permit 241-87, issued on February 10, 1982, Joe L. CAMA Permit 73-87, issued on March 27, 1987, Robert and
Peed Gladys Adams
CAMA Permit #22-02, issued on November 4, 2002 and
modified on December 31, 2005, Town of Sunset Beach
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best �of`my knowledge.
41)
Date IQ ' u�f 1 Print Name 5U 5an ��(-16ri1�
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts
❑DCM MP -3 Upland Development
❑DCM MP -4 Structures Information

Form DCM MP -2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
1. EXCAVATION E] This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Mixture of sand, silty sand, sandy silt, and silt. Not suitable
16,000 CY for beach disposal.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
0 CY
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
USACE Material Placement Island 310 & 311
C. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
USACE Material Placement Island 310 & 311
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
1,075
Length
feet (Mary's)
and 1,100
feet (Turtle)
40 feet
Width
(Turtle) and
40 to 60 feet
(Mary's)
Avg. Existing
0 to 1 foot
NA
NA
Depth
MLW
Final Project
4 to 6 feet
NA
NA
Depth
MLW
1. EXCAVATION E] This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Mixture of sand, silty sand, sandy silt, and silt. Not suitable
16,000 CY for beach disposal.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
0 CY
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
USACE Material Placement Island 310 & 311
C. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
USACE Material Placement Island 310 & 311
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?

Form DCM MP -2 (Excavation and Fill, Page 2 of 3)
(ii) Describe the purpose of disposal in these areas:
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f.
(i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a
(i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
(i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Weir and dike / berm system. Hydraulic dredge & pipeline
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ®Yes ❑No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Materials and equipment will enter the material placement
islands perpendicular to the shoreline to minimize disturbance.
Maintenance Dredging of Mary's & Turtle Creek
Date Project Name
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26/06

(Excavation _::i'. '1117, Page 3 of T
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Applicant Name
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J :; 'i-888-4RCOASi :: uvmvw,n coastalsnanagemen#.ne4 revised: 'I i28la7n

Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
Project Narrative
Introduction
The Town of Sunset Beach proposes to perform maintenance dredging at both Mary's Creek and Turtle
Creek to provide enhanced navigation access to the Atlantic Intracoastal Waterway (AIWW). The
maintenance operations maintain consistency with previous operations authorized by the North Carolina
Division of Coastal Management (DCM) and the US Army Corps of Engineers (USAGE). The work also
falls within a larger scope being considered by the Town to help maintain navigation access to the
residential canals along the eastern portion of Sunset Beach.
Project Purpose, Need & Scope
In recent years, Mary's and Turtle Creeks have been subject to infilling from adjacent upland runoff and
erosion as well as shoaling from wind and wave action. As such, both creeks have an average depth of -1
ft MLW (mean low water). The proposed maintenance dredging will restore average bottom depths to
between -3 ft & -5 ft MLW by removing approximately 8,100 cubic yards (CY) from Mary's Creek and
7,800 CY from Turtle Creek. The dredge template provides a 1 -ft tolerance below the referenced design
depths to allow the contractor room to maneuver the equipment in a manner sufficient to compete the work.
Therefore, the maximum dredge depth for Mary's and Turtle Creek equals —6 MLW near the creek
entrances, and decreases to -4 ft MLW near the landward terminus of each creek. (The dredge templates tie
into the AIWW at the -6-ft contour and do not exceed the depths of the AIWW.) Attachment A provides
detailed drawings of the proposed work.
The dredge material will be transported through a hydraulic pipeline to one of two proposed upland material
placement islands for storage and disposal. The pipeline will be anchored at least five (5) horizontal feet
waterward of the MLW contour. This will allow a buffer between adjacent marsh grasses and the
construction equipment to help minimize any potential impacts. The pipeline will have to cross the AIWW
to reach the proposed material placement islands and will be anchored to the bottom to avoid a navigation
hazard. The pipeline will also be lighted every 500 feet, or as recommended by the USCG. The pipeline
will cross all navigable waterways perpendicular to the direction of travel to minimize the pipeline length
within the navigation channel. The pipeline will be anchored in the deepest depth available to not block
navigation and will have buoys attached approximately every 25 -feet to identify its presence. The pipeline
will not be allowed to cross navigable waters with less than four (4) feet of draft remaining over the
submerged line. Signage will also be provided and visible from both directions of travel to mark all
navigation crossings. During construction, the entire pipeline will be inspected at least once every four (4)
hours of operation for leaks, spills, and position shifts. Dredging operations shall cease immediately to
repair any leaks or spills.
Sediment Disposal
The proposed dredge spoil contains a significant amount of fines and does not meet the NC standards for
beach compatibility. Visual assessments helped determine the beach compatibility; however, the creeks
have been classified in previous maintenance events as non -compatible and that condition would not be
expected to change. In accordance with USACE standards, Attachment B shows a sediment chemical
analysis completed in November 2016 to verify the lack of any hazardous materials. The attachment also
shows photographs of the collected sediment to support the non -compatible determination.

Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
Project Narrative
The dredging will be conducted by a hydraulic pipeline dredge with material disposal occurring on USACE
placement island 310 or 311. The applicant has obtained authorization from the owner of both placement
islands and will determine where the material placement will occur prior to construction. Attachment C
demonstrates the consent of use from the property owner for the Town to use the island of choice. The
deciding factor for choosing the material placement island centers on the cost for improving each island
and the combined scope of the multiple dredging efforts planned for the Town. The permit application
includes both placement islands in efforts to alleviate potential issues that may arise in the decision process.
Attachment D provides a summary condition report detailing the current condition for both placement
islands 310 and 311.
The selected material placement island will be improved to conditions capable of managing the dredge
effluent and spoil material. The existing brush, trees, and vegetation will be chipped or demolished on-site
to enable sufficient clearing and adequate drainage for the dredge effluent. The dikes, or earthen berm
surrounding the island will be raised to at least 1 -foot above the still water level expected for the dredge
effluent to prevent overflow. All excavated materials will be confined above the MHW contour and
landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to
prevent the spillover of solids into any marsh or surrounding waters.
A weir or water control structure will be installed to drain the effluent from the island. The weir system will
empty into a pipe designed to carry the effluent waterward of the MLW contour in the AIWW. This will
help control the potential creation of gullies and erosion channels along the banks of the AIWW.
The terminal end of the dredge pipeline delivering the effluent will be positioned at least 50 ft from any
dike or berm, and will be position at the maximum distance from the weir structure. This will help provide
settling time for the material particles suspended in the effluent. The material settling time will be increased
by raising the weir intake at any point when it appears water quality standards are being exceeded. The
material placement island shall be inspected and approved on-site by a representative of DCM prior to the
initiation of any dredging activities.
The effluent pipeline will only be allowed to enter the material placement island from the AIWW and
will not be allowed to impact the marsh grass along the adjacent waterways. At the point of entrance
into the material placement island, the pipeline will be maintained perpendicular to the AIWW to
minimize the impacts to the existing marsh grass along the AIWW banks. Figure 1 shows the proposed
locations for the pipeline entrance into each placement island (3 10 & 311). The figure also shows the
proposed locations for the outfall pipe from both islands. For reference, the outfall location from island 310
will replace the island's existing abandoned outfall pipe. The existing pipe will be removed and
disposed in appropriate upland facility.
Consistency with Previous Permits
The proposed work maintains consistency with permit 22-02 issued by the DCM in November 2002 for the
maintenance dredging of Mary's and Turtle Creek. DCM also issued a CAMA Permit in October 1987
(renewed February 10, 1992 to Joe L. Peed (CAMA # 241-87) and in March 1987 (CAMA # 73-87) to
perform similar maintenance dredging efforts. Attachment E provides a copy of the referenced permits.
The dredge templates for both creeks follow a `box cut' design as proposed in the 2002 permit. The `box
cut' consist of vertical sides as opposed to a slope consistent with the sediments angle of repose. The
previous permits most likely offered the box cut to limit the dredge disturbance area near the existing marsh
grass. However, the channel sides should equilibrate to an expected 3:1 slope and cause the adjacent creek
bottom to slough into the maintained channel.
2

Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
Project Narrative
Figure 1. Proposed Entrance 7 Effluent Pipeline Locations at for Placement Islands 310 & 311
Environmental Concerns
The North Carolina Division of Marine Fisheries (DMF) has designated Mary's and Turtle Creek as a
Primary Nursery Area (PNA) due their potential to support shellfish and juvenile fish species. In response
to concerns pertaining to potential dredging impacts for any shellfish in the work area, the Town authorized
a survey in October 2016 to identify any shellfish presence. The survey found significant resources within
both creeks but they were generally located outside of the dredge footprints. The survey located five (5)
clams within the dredge area of Mary's Creek, but no other shellfish resources were identified in either
Mary's or Turtle Creeks dredge footprint. Attachment F provides the shellfish report completed for Mary's
and Turtle Creek.
Strands of Spartina alterniflora with scattered locations of Spartina also exist along the intertidal and
supratidal regions of each creek. These grasses generally provide suitable habitat for juvenile fish.
Attachment G provides a map showing the waterward extents of the marsh grasses as identified in
September 2017. Permit 22-02 (Additional Condition 6) required the dredging footprint to remain a
minimum of 20 -ft from the edge of any coastal wetland or marsh. Analyzing the current conditions shows
the marsh grasses have expanded towards the dredge areas since the last maintenance event. Currently,
close to 400 ft2 of the marsh grasses have been identified within the dredging footprint. Furthermore,
approximately 8.9 % (Turtle Creek) to 13.5% (Mary's Creek) of the dredge footprint falls within 10 feet of
the current salt marsh limits. Approximately 12.8% (Turtle Creek) to 44.7% (Mary's Creek) lies within 20
feet of the marsh extents.
To maintain consistency with the previous permit and minimize the potential for adverse impacts to the
marsh grasses, the current project proposes to maintain the 20 -ft buffer from the dredge area. The 20 -ft
buffer will allow the box -cut channel adequate space to equilibrate without eroding the coastal marshes.
Prior to construction the marsh boundary will be mapped for record keeping. A copy of the mapping results
3

Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
Project Narrative
will be provided to DCM and will designate the 20 -ft marsh buffer. During construction the dredge
cutterhead shall be prohibited from entering the buffer zone. Attachment G shows the proposed 20 -ft buffer
based on the marsh conditions as identified in September 2017.
Dredging activities will as also be restricted to October 1 through March 31 for additional protection
towards potential impacts. The cooler months generally offer a lower risk of environmental activity. This
construction timeframe maintains consistency with the previous permits authorized for the work, which
appears to have been generally successful in the previous maintenance events.
The applicant has also conducted additional studies to evaluate the potential impacts to the managed or
endangered species that may be impacted by the project. Attachment H provides an Essential Fish Habitat
(EFH) assessment and Attachment I provides a Biological Assessment (BA) for the project. Generally, the
referenced reports support the project should not adversely impact any threatened or managed species. The
reports include additional precautions for the maintenance project including the FWS recommended
guidelines for avoiding impacts to the West Indian Manatee and recommendations provided by NOAA to
help protect sea turtles and smalltooth sawfish. Attachment J shows the manatee guidelines while
Attachment K provides the sea turtle and smalltooth sawfish construction recommendations
Historic Resources
The applicant has also contacted the State Historic Preservation Office (SHPO) to inquire on any known
historic resources in the area such as shipwrecks or archeological artifacts. The inquiry did not identify any
known resources with the potential to be impacted by the project. Attachment L provides the written
response from SHPO.
Summary
The Town of Sunset Beach intends to maintenance dredge Mary's and Turtle Creek to restore navigational
access to the residential canal systems. The project provides a key element for the Town and residents to
manage the established navigational corridors on the east end of Sunset Beach. The proposed work follows
the same scope and footprint as previously authorized in 2002 and 1987 for the maintenance operations.
The dredge material will be pumped to a nearby material management island for storage or permanent
placement. Approximately 16,000 CY will be removed by a hydraulic dredge to restore the navigation
channels. The maximum dredge depth will range from -6 MLW to -4 MLW (inclusive of a 1 ft. overdredge
allowance) progressing from the AIWW to the channel terminus. The channel widths vary from 60 -ft to
40 -ft in Mary's Creek but maintain a constant 40 -ft width in Turtle Creek. The channels will be `box' cut
to help minimize the impact area.
The proposed work will follow additional guidelines and recommendations to avoid or further minimize
the potential for environmental impacts during construction. This includes providing a 20 -ft buffer between
the dredge area and any coastal marsh and constructing during the cooler winter months of October through
March. The construction process will also follow the recommended guidelines provided by FWS and
NOAA for avoiding or minimizing potential impacts to manatee, sea turtle, and small tooth sawfish.
4

Town of Sunset Beach Navigation Project
Maintenance Dredging of Mary's & Turtle Creek
Project Narrative
Attachments
A. Permit Drawings
B. Chemical Analysis of Dredge Material
C. Consent of Use Agreement for Material Placement Island 310 & 311
D. Material Placement Island Evaluation (Island 310 & 311)
E. Previous Permits Identified for Mary's & Turtle Creek
F. Mary's & Turtle Creek Shellfish Report
G. Planview of Marsh Extents
H. Essential Fish Habitat Assessment
1. Biological Assessment
J. Avoidance Guidelines for West Indian Manatee
K. Sea Turtle & Smalltooth Sawfish Construction Recommendations
L. State Historic Preservation Office Historic Resource Review
5