20130144 Ver 2_Corps of Engineer Correspondence_20140402

Regulatory Division
Action ID SAW- 2013 -01129
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
April 4, 2014
Mr. Jerry Jennings
Division Engineer
North Carolina Department of Transportation
113 Airport Drive
Suite 100,
Edenton, North Carolina 27932
Dear Mr. Jennings:
Please reference your February 11, 2014 request to modify the emergency Department of
the Army (DA) Permit issued to you on October 15, 2013, to place 1.7 million cubic yards of
beach compatible sand obtained from an off -shore borrow site on 2.13 miles of beach just north
of Rodanthe, Dare County, North Carolina. The modification request is to extend DA permit
SAW- 2013 -01129 expiration date from May 15, 2014 to April 15, 2015. The current permit was
issued with the expiration date of May 15, 2014 in anticipation that the proposed project would
be completed within this time frame. However, due to unanticipated planning and contracting
time frames, it became apparent that the proposed project would not meet that schedule. As
stated in your request the proposed new schedule is driven by concerns about weather,
environmental and contractor availability windows, which require flexibility within the permits
completion date. The new requested permit expiration date of April 15, 2015, should provide an
adequate time frame to insure successful contracting and completion of the proposed project.
After review of your modification request and additional coordination with resource
agencies it has been determined that the Wilmington District Corps of Engineers has no
objection to your proposal. The permit is hereby modified and the new expiration date of the
permit is now April 15, 2015. The original Special Permit Conditions have been modified and
are attached to this letter. These Special Permit Conditions (dated April 4, 2014) supersede the
previous Special Permit Conditions that were attached to the original permit. Your failure to
comply with these conditions could result in a violation of Federal law.

-2-
If the permitted work is not completed on or before the date herein specified, the
authorization, if not previously revoked or specifically further extended, will cease and become
null and void.
Sincerely,
Steven A. Baker
/ Colonel, U.S. Army
District Commander
Copies Furnished:
Ms. Sharon Tear — N /CS261
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East -West Highway, Room 7316
Silver Spring, Maryland 20910 -3282
Mr. Todd A. Bowers
Wetlands and Marine Regulatory Section
Water Protection Division - Region IV
U.S. Environmental Protection Agency
61 Forsyth St., SW
Atlanta, Georgia 30303 -8931
Mr. Pete Benjamin
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Fritz Rhode
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Mr. Ryan Hendren
Endangered Species Act Consultant
ERT Contractor for
National Marine Fisheries Service
NOAA Southeast Regional Office
Protected Resources Division
263 13th Avenue South
St. Petersburg, Florida 33701
Ms. Amy Chapman
NCDWR Central Office
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650

Updated Special Conditions -April 4, 2014
Special Conditions
NC 12 Beach Nourishment Project
Action ID SAW- 2013 -01129
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal
Management consistency determination and the North Carolina Division of Water Quality 401
Water Quality Certification dated September 10, 2013, are incorporated as part of the
Department of the Army permit. Therefore they are not listed as special conditions.
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
U.S. Army Corps of Engineers, Wilmington District (Corps) prior to implementation.
2. Endangered Species Protection.
a. Hopper dredging is being approved under the South Atlantic Regional Biological Opinion
(RBO) dated 1997, which can be viewed on the ERDC web site at the following link:
http:// el .erdc.usace.army.miI /seaturties /refs - bo.cfm. The RBO includes an Incidental Take
Statement (ITS) issued to the Corps. Under the RBO /ITS, incidental takes are authorized on a
Fiscal Year (FY) (October l - September 30) basis to be metered out by the Division
Commander, South Atlantic Division, U.S. Army Corps of Engineers for the southeastern United
States for Corps civil and military projects. The Permittee is hereby advised to avoid any
incidental take in that such take may trigger the cessation of hopper dredging for the remainder
of that FY. The Permittee understands and agrees that, even where it is in full compliance with
the terms and conditions of the RBO /ITS, incidental take by the Permittee may require
suspension of the permit by the Corps. The amount of incidental take that will trigger
suspension, and the need for any such suspension, shall be determined at the discretion of the
Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and
other representatives, that no claim, legal action in equity or for damages, adjustment, or other
entitlement against the Corps shall arise as a result of such suspension or related action.
b. The Permittee shall immediately notify the Corps Regulatory Project Manager that an
incidental take has occurred. The Regulatory Project Manager responsible for this project is Mr.
Bill Biddlecome who may be contacted at the Washington Regulatory Field Office, Post Office
Box 1000, Washington, North Carolina, 27889, by telephone at (910) 251 -4558, or e -mail
william .j.biddlecome @usace.army.mil. Dredging operations shall immediately cease upon
incidental take of any sea turtle species or Atlantic Sturgeon until the District Commander, or his
designee, notifies the Permittee to resume dredging. The Sea Turtle or Atlantic sturgeon

incidental take data form will be filled out by the Observer within 6 hours of the take event and
e- mailed in pdf format to takereport.nmfsser @noaa.gov and the Regulatory Project Manager. In
accordance with the RBO, all hopper dredges shall have an Observer on board who meets the
guidelines as established on the website listed in Special Condition 15 below.
3. Pre - Dredging Submittals.
a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid sea
turtle deflector device. The Permittee shall electronically submit drawings to the Regulatory
Project Manager prior to commencement of dredging, showing the proposed device and its
attachment. These drawings shall include the approach angle for any and all depths to be
dredged during the dredging. The Permittee shall not commence hopper dredging until approval
of the sea turtle deflector device has been granted by the Corps.
b. The Permittee shall electronically submit detailed drawings showing the proposed drag
head grating system(s) and drag head(s), and documentation that supports grate sizing such as
dredge pump manufacturer's recommended maximum particle size dimension(s), etc.
c. The Permittee shall electronically submit an operational plan to achieve protection of sea
turtles during the hopper dredging operation. These operational procedures are intended to stress
the importance of balancing the suction pipe densities and velocities in order to keep from taking
sea turtles.
d. During turning operations the pumps must either be shut off or reduced in speed to the
point where no suction velocity or vacuum exists. No dredging work shall be allowed to
commence until approval of the turtle deflector device has been granted by the U.S. Army Corps
of Engineers, Wilmington District. Sample Turtle Deflector Design Details are available on the
website listed in Special Condition 15. A copy of the approved drawings and calculations shall
be available on the vessel during dredging operations.
4. Pre - Dredging Inspection. Within 3 days from the date of initiating the authorized work, the
Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist
form with a written notification of the date of commencement of work authorized by this permit.
An inspection of the hopper dredge will be scheduled and performed by the Wilmington District
inspector after receipt of the notification of commencement. Inspection checklists are located on
the website listed in Special Condition 15 below.

5. Hopper Dredge Equipment. Hopper dredge dragheads shall be equipped with sea turtle
deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No
dredging shall be performed by a hopper dredge without an installed turtle deflector device
approved by the District inspector. Sample Turtle Deflector Design Details are on the web site
indicated in Special Condition number 15 below.
a. Deflector Design.
(1) The leading V- shaped portion of the deflector shall have an included angle of less than 90
degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of
the device. The leading edge of the deflector shall be designed to have a plowing effect of at
least 6 inches in depth when the drag head is being operated. Appropriate instrumentation or
indicator shall be used and kept in proper calibration to insure the critical "approach angle."
(Information Only Note: The design "approach angle ", or the angle of lower drag head pipe
relative to the average sediment plane, is very important to the proper operation of a deflector. If
the lower drag head pipe angle in actual dredging conditions varies tremendously from the
design angle of approach used in the development of the deflector, the 6 -inch plowing effect
does not occur. Therefore, every effort should be made to insure this design "approach angle" is
maintained with the lower drag pipe.)
(2) If adjustable depth deflectors are installed, they shall be solidly attached to the drag head
using either a hinged aft attachment point or an aft trunnion attachment point in association with
an adjustable pin front attachment point or cable front attachment point with a stop set to obtain
the 6 -inch plowing effect. This arrangement allows fine- tuning the 6 -inch plowing effect for
varying depths. After the deflector is properly adjusted there shall be no openings between the
deflector and the drag head that are more than 4- inches by 4- inches.
b. In -flow Baskets and overflow screening.
(1) The Permittee shall ensure that baskets or screening are installed over the hopper
inflow(s) and overflow (s) with no greater than 4 -inch by 4 -inch openings. The method selected
shall depend on the construction of the dredge used and shall be approved by the District
inspector prior to commencement of dredging. The screening shall provide 100% screening of
the hopper inflow(s) and overflow(s). The screens and /or baskets shall remain in place
throughout the performance of the work. The turtle deflector device and inflow /overflow screens
shall be maintained in operational condition for the entire dredging operation. If during dredging
operations, the Permittee cannot meet the requirements of the inflow and overflow screening, the
Regulatory Project Manager shall be contacted immediately.

(2) The Permittee shall install and maintain floodlights suitable for illumination of the
baskets or screening to allow the Observer to safely monitor the hopper baskets or screening
during non - daylight hours or other periods of poor visibility. Safe access shall be provided to the
inflow and overflow baskets or screens to allow the Observer to inspect for turtles and Atlantic
sturgeons, or parts thereof, clean the baskets or screens for the next loading cycle, and document
any screening deficiencies. During periods of time when observers are performing inspections of
inflow and overflow baskets or screening, proper lockout /tagout procedures and fall protection
shall be implemented.
c. Drag head grating.
(1) Drag head grating may be used to prevent over -sized objects (relative to respective pump
and distribution system designs) from reaching and becoming lodged or damaging, the dredge
pump and /or slurry distribution system. The Permittee may not use a drag head grating system
that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings
showing the proposed drag head grating system(s) and drag head(s), and documentation that
supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size
dimension(s), etc.) shall be submitted. No dredging shall begin until the District inspector has
approved all grating and screening.
6. Hopper Dredge Operation.
a. The Permittee shall operate the hopper dredge to minimize the possibility of taking sea
turtles and to comply with the requirements stated in the Incidental Take Statement provided by
the NMFS in its RBO.
b. The turtle deflector device and inflow /overflow screens shall be maintained in operational
condition for the entire dredging operation.
c. When initiating dredging, suction through the drag heads shall be allowed just long enough
to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting
the drag heads from the bottom, suction through the drag heads shall be allowed just long enough
to clear the lines, and then must cease. Pumping water through the drag heads shall cease while
maneuvering or during travel to /from the disposal area. If the required dredging section includes
compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance
dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of a drag
head with teeth must be monitored for each dredged section to insure that excessive material is

not forced into the suction line. When excess high- density material enters the suction line,
suction velocities drop to extremely low levels causing conditions for plugging of the suction
pipe. Dredge operators should configure and operate their equipment to eliminate all low -level
suction velocities. Pipe plugging in the past was easily corrected, when low suction velocities
occurred, by raising the drag head off the bottom until the suction velocities increased to an
appropriate level. Pipe plugging cannot be corrected by raising the drag head off the bottom.
Arrangements of teeth and /or the reconfiguration of teeth should be made during the dredging
process to optimize the suction velocities.
d. Raising the drag head off the bottom to increase suction velocities is not acceptable. The
primary adjustment for providing additional mixing water to the suction line should be through
water ports. To insure that suction velocities do not drop below appropriate levels, the Permittee
shall monitor production meters throughout the job and adjust primarily the number and opening
sizes of water ports. Water port openings on top of the drag head or on raised standpipes above
the drag head shall be screened before they are utilized on the dredging project. If a dredge
section includes sandy shoals on one end of a tract line and mud sediments on the other end of
the tract line, the equipment shall be adjusted to eliminate drag head pick -ups to clear the suction
line.
e. The drag head shall be buried a minimum of 6 inches in the sediment at all times to
maintain draghead efficacy in reducing incidental takes. Maximum borrow area dredge depths
identified in the attached plans shall not be exceeded to achieve this effective plowing depth.
f. During turning operations the pumps must either be shut off or reduced in speed to the
point where no suction velocity or vacuum exists.
7. Dredging Quality Management. Dredging and dredged material disposal and
monitoring of dredging projects using the Dredging Quality Management (DQM) system
shall be implemented for this DA permit. The Permittee shall ensure that each hopper
dredge assigned to the work authorized by this DA permit is equipped with DQM,
previously known as `Silent Inspector', for hopper dredge monitoring. The Permittee's
DQM system must have been certified by the DQM Support Team within one calendar
year prior to the initiation of the dredging /disposal. Questions regarding certification
should be addressed to the DQM Support Center at 251-690-3011. Additional
information about the DQM System can be found at http: / /dgm.Lisace.army.mil. The
Permittee is responsible for insuring that the DQM system is operational throughout the
dredging and disposal project and that project data are submitted to the DQM National

Support Center in accordance with the specifications provided at the aforementioned website.
The permittee shall contact the National Dredging Quality Management (DQM) program
(http://dgm.usace.arm .Y mil /) to assure that project information is loaded and data is being
appropriately transferred prior to project commencement.
8. Sea Turtle Non - Capture Trawl Sweeping. In order to minimize or reduce taking of turtles
during dredging, non - capture trawling may be required if the Corps determines that it is
necessary to reduce entrainment risk. This type of trawling is designed to use non - capture type
trawling equipment to sweep in the proximity of the dredging operations in order to stimulate sea
turtles to move out of the dredge path. No sea turtles will be captured using this trawling
technique. Non - capture trawl sweeping may be performed 48 hours prior to initiating dredging
and may continue throughout dredging operations. Conduct non - capture trawl sweeping
operations in the vicinity of dredge operations, but maintain a safe distance from the dredge.
Trawl equipment used (e.g. trawling nets) and trawl sweeping operations shall be conducted such
that no sea turtles or other marine organism by -catch are captured. As much as possible, non -
capture trawl sweeping shall be conducted to maximize the amount of time during each 24 -hour
trawl day that the trawl equipment (e.g. trawling nets) sweeps the bottom sediment in the vicinity
of the dredging operation (i.e. maximize the bottom time with the trawling equipment). Such
trawling in the vicinity of the dredge shall be conducted continuously, stopping after every 4 to 6
hours to check the condition of the trawl equipment and assure that no turtles have been
captured.
a. Non - capture Trawl Sweeping Period. Non - capture trawl sweeping shall be conducted as
described below:
(1) A day of non - capture trawl sweeping shall be defined as 24 hours of continuous trawling.
(2) Non - capture trawl sweeping may be conducted as 24 -hours of trawling as a continuous
trawl; however, two separate crews must be available on board to work two 12 -hour shifts.
b. Turtle Handling and Endangered Species Permits. No sea turtles are to be intentionally
captured during non - capture trawl sweeping operations. No endangered species permits to handle
sea turtles are required for non- capture trawl sweeping. Should a sea turtle become entangled in
the trawling nets; the nearest marine facility must be notified for arrangements to be made to
transfer the animal as needed.

c. Reporting. A daily log will be kept for each non - capture trawl sweeping operations. The
non- capture trawl sweeping log will be submitted to the Regulatory Project Manager at the
completion of the project. Data to be included with this log daily will include:
(1) GIS coordinate of trawl locations at the start and end of each sweep.
(2) Times recorded for the duration of each trawl sweep.
(3) Description of dredge proximity during each sweep.
(4) General notes as appropriate (e.g. condition of equipment at the end of each sweep,
snags occurring during each sweep, incidental debris, etc.).
(5) Water Quality and Physical Measurements: Water temperature measurements shall be
taken at the water surface each day using a laboratory thermometer. Weather conditions shall be
recorded from visual observations and instruments on the trawler. Weather conditions, air
temperature, wind velocity and direction, high and low tides, sea state -wave height, and
precipitation shall be recorded on the Trawling Form on the web site indicated in Special
Condition 15 below.
a. Non - Capture Trawl Sweeping Equipment: To reduce the chances of sea turtles
becoming entangled and caught in the net webbing during non - capture trawl
sweeping, the Contractor shall use standard flat -style shrimp trawling nets. Nets shall
have one to two -inch webbing holes, the webbing should be made of nylon material
(preferably dipped.)
The bag end of these nets shall be completely cut out so that the nets remaining on
the rigging are approximately 30 to 50 -feet long. The nets shall be long enough to
provide a trailing length of net in the water to "stimulate turtles" to move but not
be long enough to be able to twist when: 1) being pulled in the water; 2) being
pulled up and onto the deck; 3) the vessel is stationary; or 4) the trawl vessel turns
while trawling. This net length may be shorter or longer depending on the
specific configurations of the trawler and its rigging, but must be set up to
specifically prevent the twisting of the net. The nets should be installed and
adjusted such that organisms are not being collected (turtles and other by- catch).
2. The bag end of the nets shall be cut away to create a large open end on the nets.
The webbing shall be monitored so that tears and rips do not occur in the
remaining webbing that might entangle and capture organisms (particularly
turtles).

3. To ensure that the lead line and mouth of the trawl nets maintain contact with the
seafloor as best as possible, the lead line of each net shall be rigged with weights,
mud rollers, tickler chains and /or trawling cookies (as appropriate for the
environmental conditions and sediment type).
For the first 48 hours after beginning non - capture trawling operations, pull and check the nets
every hour to evaluate and document the:
a. Status of the nets (particularly twisting of the tail end)
b. Net contents (turtles and other bycatch)
and, after the first 48 -hours and appropriate net configuration has been established, gradually
increase trawling times to a maximum of 2 -3- hours.
e. Trawler Equipment Breakdown: Should there be a breakdown of trawler equipment
that would cause the trawler to leave the area where dredging is underway during any period
of time when non - capture trawl sweeping is required, the dredge may continue to operate for
up to 48 hours, as long as no turtles are taken, and subject to the discretion of the Regulatory
Project Manager. Should there be dangerously high seas that would cause the trawler to leave
the dredging area when non - capture trawl sweeping is required, the dredge may continue to
operate, as long as no turtles are taken; subject to the discretion of the Project Manager.
9. Endangered Species Observers: During dredging operations, observers approved by the NMFS
for sea turtles, Atlantic sturgeon and whales shall be aboard to monitor for the presence of the
species. Observer coverage shall be 100 percent (24hr /day) and shall be conducted year round.
During transit to and from the disposal area, the observer shall monitor from the bridge during
daylight hours for the presence of endangered species, especially the Northern right whale,
during the period December through March. Records shall be kept of the date, time, and
approximate location of all marine mammal sightings. Care shall be taken not to closely
approach any whales or manatees observed during dredging. The observer shall serve as a
lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions
shall be avoided either through reduced vessel speed, course alteration, or both. During the
evening hours, when there is limited visibility due to fog, or when there are sea states of greater
than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if
whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right
whale is sighted, the dredge operator shall maintain a 500 -yard buffer between the vessel and any
whale.

During dredging operations, while drag heads are submerged, the observer shall continuously
monitor the inflow and /or overflow screening for turtles and /or turtle parts and Atlantic sturgeon
and /or Atlantic sturgeon parts. Upon completion of each load cycle, drag heads should be
monitored as the drag head is lifted from the sea surface and is placed on the saddle in order to
assure that sea turtles that may be impinged within drag head are not lost and un- accounted for.
Observers shall physically inspect drag heads and inflow and overflow screening /boxes for
threatened and endangered species take. Other abiotic and biotic debris found in the screens
during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so
as not to impede the functioning of the screens during the next load cycle.
a. Monitoring Reports. The results of the monitoring shall be recorded on the appropriate
observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary
sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be
completed regardless of whether any takes of Atlantic sturgeon, whales, or sea turtles occur. In
the event of any sea turtle or Atlantic Sturgeon take by the dredge, appropriate incident reporting
forms shall be completed. Additionally, all specimens shall be photographed with a digital
camera. These photographs shall be attached to respective reports for documentation. Dredging
of subsequent loads shall not commence until all appropriate reports are completed from the
previous dredging load to ensure completeness and thoroughness of documentation associated
with the incidental take. Reports shall be submitted to the Corps within 24 -hours of the take.
Copies of the forms must be legible. Observer forms may be accessed on the web site indicated
in Special Condition 15 below.
b. Endangered Species Observer(s). A list of endangered species observer - biologists (ESOs)
that have been NMFS- approved to monitor threatened /endangered species takes by hopper
dredges can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources
Division. The main contact is Ms. Julie Crocker; she can be reached [e-mail]
or 978 - 281 -9300 ext.6530.
c. The Permittee shall provide a digital camera, with an image resolution capability of at least
300 dpi, in order to photographically report all incidental takes, without regard to species, during
dredging operations. Immediately following the incidental take of any threatened or endangered
species, images shall be provided, via email, CD, DVD, or USB (thumb /flash /jump drive) to the
Contracting Officer's Representative in a .JPG or .TIF format and shall accompany incidental
take forms. The nature of findings shall be fully described in the incidental take forms including
references to photographs.

10. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take concerning a
manatee, sea turtle, Atlantic sturgeon, or whale; or sighting of any injured or incapacitated
manatees, sea turtles, or whales shall be reported immediately to the Corps by notifying the
personnel indicated in the list in Condition 12 below. A copy of the incidental take report shall
be provided within 24 hours of the incident. The Permittee shall also immediately report any
collision with and /or injury to a manatee to the U.S. Fish and Wildlife Service, the National
Marine Fisheries Service, and North Carolina Wildlife Resources Commission. If a sea turtle
and /or Atlantic sturgeon is taken by the dredge (live or dead), the Permittee shall email a PDF
version of the incidental take report to NOAA- Fisheries Southeast Region at the following email
address within 24 hours of the take: takereport.nmfsser @noaa.gov, also providing a copy to the
Regulatory Project Manager.
11. Disposition of Sea Turtles or Turtle Parts.
a. Turtles taken by hopper dredge
(1) Dead turtles - Upon removal of sea turtle and /or parts from the drag head or screening,
observers shall take photographs to sufficiently document major characteristics of the turtle or
turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all
photographs taken, a backdrop shall be prepared to document the dredge name, observer
company name, contract title, time, date, species, load number, location of dredging, and specific
location taken (drag head, screening, etc.). Carcass /turtle parts shall also be scanned for flipper
and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea
Turtle Incidental Take Form" that is included in the "Endangered Species Observer Program
Forms" located on the web site indicated in Special Condition number 15 below. Turtle parts
which cannot be positively identified to species shall be preserved by the observer(s) for later
identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted
under the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic
Analysis found in the website listed in Special Condition 15 below. All genetic samples
collected shall be submitted to NMFS within 30 -days of collection and verification of submittal
to NMFS shall be provided to the Regulatory Project Manager. After all data collection is
complete, the sea turtle parts shall be placed in plastic bags, labeled as to the time, date, and
dredged reach of collection, kept frozen and transported to the National Marine Fisheries Service
Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea
turtle /parts, they should be marked (spray paint works well), weighted down and disposed of
under the direction of the Regulatory Project Manager.

(2) Live Turtles - Observer(s) shall measure, weigh, scan for Passive Integrated Transponder
(PIT) tags, and photograph any live turtle(s) incidentally taken by the dredge. If no tagging was
identified, observers shall tag the turtle using Iconnel flipper and PIT tags if they are qualified to
do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project
Manager to transport, as soon as possible, the live turtle(s) taken by the dredge to an approved
rehabilitation facility in the project area.
12. Report Submission. The Permittee shall maintain a log detailing all incidents, including
sightings, collisions with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or
whales occurring during the contract period. The data shall be recorded on forms available on
the website as indicated in Special Condition number 15. All data in original form shall be
forwarded directly to Wilmington District within 10 days of collection. Following project
completion, a report summarizing the above incidents and sightings shall be submitted to the
following:
a. Wilmington District Regulatory Contact: William.J.Biddlecome @usace.army.mil
b. South Atlantic Dredging Projects: Teresa.R.Bullard @usace.army.mil
c. National Marine Fisheries Service
Protected Species Management Branch
263 13th Avenue South
St. Petersburg, Florida 33701
d. North Carolina Wildlife Resources Commission
Matthew Godfrey
307 Live Oak Street
Beaufort, North Carolina 28516
13. All necessary precautions and measures will be implemented so that any activity will not
kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea
turtles, whales, manatee, Atlantic sturgeon, and piping plover). While accomplishing the
authorized work, if the Permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the Corps will be immediately notified so that required coordination can be
initiated with the U.S. Fish and Wildlife Service (USFWS) and /or the National Marine Fisheries
Service (NMFS).

14. The Permittee shall conduct routine beach surveillance during construction to prevent
unintentional damage to sea turtles and their nesting areas. If a nest or a turtle crawl is identified
in the project area, the Permittee will immediately stop all beach disposal activities and contact
the Corps to determine appropriate action. Specific night time and morning monitoring
requirements are identified in the USFWS Pea Island National Wildlife Refuge Special Use
Perm it.
15. Reporting Forms. In order to avoid use of outdated forms, the Permittee is directed to the
following website for forms and attachments required under this permit. Links to these forms are
under the heading Turtle Information, http: / /el. erdc.usace.army.mil /seaturties, (List of forms
required under this permit include: Sea Turtle /Pre and Post - Hopper Dredging Project Checklist,
Endangered Species Observer Program Forms and Sea Turtle Trawling Report).
16. BIOLOGICAL OPINION: This Corps permit does not authorize you to take an endangered
species, in particular, the federally endangered leatherback sea turtle (Dermochelys coriacea),
federally endangered Kemp's ridley sea turtle (Lepidochelys kempii), federally threatened
Northwest Atlantic population of loggerhead sea turtle (Caretta caretta), and federally threatened
green sea turtle (Chelonia mydas). In order to legally take a listed species, you must have
separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit,
or a BO under ESA Section 7, with "incidental take" provisions with which you must comply).
The enclosed U.S. Fish and Wildlife Service April 1, 2014 Biological Opinion (BO) (See
attached) contains mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" that is also specified in the BO. Your
authorization under this Corps permit is conditional upon your compliance with all of the
mandatory terms and conditions associated with incidental take of the attached BO, which terms
and conditions are incorporated by reference in this permit. Failure to comply with the terms and
conditions associated with incidental take of the BO, where a take of the listed species occurs,
would constitute an unauthorized take, and it would also constitute non - compliance with your
Corps permit. The U.S. Fish and Wildlife Service is the appropriate authority to determine
compliance with the terms and conditions of its BO, and with the ESA.
Pipeline Dredging:
17. Pipeline Inspection: The permittee will monitor the pipeline during construction activities, in
order to check for potential leaks, which may emanate from the pipeline couplings. All dredge
and fill activities will cease if leaks are found. Operations may resume upon appropriate repair
of affected couplings, or other equipment.
18. Shore - Parallel Dike Construction: A shore - parallel dike will be constructed on the beach

above mean water to contain turbidity. The dike will be constructed of existing beach sand
supplemented by sand from the borrow area; at the end of the project, the sand dike will be
smoothed out on the beach. Sand slurry will be pumped landward of the dike allowing sand to
fall out of suspension as the slurry moves alongshore. The sand will then be moved seaward via
heavy machinery to build the beach.
19. Dredging activities authorized by this permit shall not in any way interfere with those
operations of the Wilmington District Civil Works dredging and navigation projects.
20. The Permittee shall require its contractors and /or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and /or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
present and available at the project site during construction and maintenance of this project.
21. The Permittee shall schedule a preconstruction meeting between its representatives, the
contractor's representatives and the Corps prior to undertaking any work within jurisdictional
waters and wetlands to ensure that there is a mutual understanding of all terms and conditions
contained within the Department of the Army permit. The Permittee shall contact the Corps a
minimum of thirty (30) days in advance of the scheduled meeting in order to provide that
individual with ample opportunity to schedule and participate in the required meeting. Meeting
participants may include, but are not limited to, representatives from the U.S. Fish and Wildlife
Service, the National Park Service, National Marine Fisheries Service, N.C. Division of Coastal
Management, N.C. Division of Water Resources, N.C. Wildlife Resource Commission, and the
U.S. Coast Guard.
22. The Permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit. The contractors name, phone number, and address, including any inspectors contact
name and phone number must be provided to the Corps prior to undertaking any work.
23. This permit authorizes beach fill activities to be undertaken only one (1) time along the
entire project area. Any request to undertake additional maintenance beach fill activities within
the project area where nourishment activities have already been completed under this permit will
require prior written authorization from the Corps.
24. All beach fill material shall be obtained from within the approved Wimble Shoals borrow
source areas A and /or B, as depicted in the attached plans. The dredging contractor shall use
dredge positioning software to ensure that no dredging occurs outside the boundaries of the
approved borrow areas.

25. Visual surveys to detect escarpments shall be made along the beach fill area immediately
after the completion of construction. All escarpments in the newly placed beach fill that exceed
18 inches in height shall be graded to match adjacent beach contours immediately completion of
each project phase. Removal of escarpments during the sea turtle hatching season (May 1
through November 15) must be coordinated with the Pea Island National Wildlife Refuge,
National Park Service and the North Carolina Wildlife Resources Commission.
26. No dredged material will be placed at any time in waters outside the permitted beach
nourishment disposal area. Material will be placed on the beach via pipeline.
27. The Permittee shall coordinate the placement of all dredge pipeline along the beach with the
Pea Island National Wildlife Refuge, National Park Service and the N.C. Division of Coastal
Management.
28. All material used for the beach nourishment must be beach compatible, clean, free of debris
and clay, and free of any pollutants except in trace quantities. The Permittee shall ensure that an
inspector is present during all beach disposal activities and immediately report to the Corp
should any potentially incompatible material be placed on the beach.
29. If submerged cultural resources are encountered during the operation, the Permittee shall
immediately notify the Corps so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources.
30. In issuing this permit, the Federal Government does not assume any liability for: a) Damages
to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes; b) Damages to the permitted project or uses thereof as a result of current or
future Federal activities initiated on behalf of the general public; c) Damages to other permitted
or unpermitted activities or structures caused by the authorized activity; d) Design and
construction deficiencies associated with the permitted work; e) Damage claims associated with
any future modification, suspension, or revocation of this permit.
31. Except as authorized by this permit or any Corps approved modification to this permit, no
excavation, fill or mechanized land - clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities connected
with this project.

32. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
Permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733 -5083,
extension 526, or (800) 662 -7956, and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
33. The Permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3
Article 4).
34. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing within 24 hours of the Permittee's
discovery of the violation to the Washington Regulatory Field Office, Attn: Mr. Bill
Biddlecome, Post Office Box 1000, Washington, North Carolina, 27889.
35. The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre - project condition.
36. The Permittee shall provide the Corps with written notification immediately upon
completion of the work authorized by this permit.
37. This Department of the Army permit does not obviate the need to obtain other Federal, State
or local authorizations required by law.
38. The Permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in
the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee
will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal, relocation, or
alteration. The Permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source

Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910 -3282 at least two
(2) weeks prior to beginning work and upon completion of work.
39. The authorized project must not interfere with the public's right to free navigation on all
navigable waters of the United States. No attempt will be made by the Permittee to prevent the
full and free use by the public of all navigable waters at or adjacent to the authorized work for
reason other than safety.
40. The Permittee will comply with all U.S. Coast Guard regulations for dredging operations
and contact Mr. Tom Flynn, United States Coast Guard, District 5 Waterways at telephone, (757)
398 -6229, at least thirty (30) days prior to construction. Contact with the U.S. Coast Guard will
initiate the Local Notice for Mariners procedures to ensure all safety precautions for aids to
navigation are implemented. The Permittee shall notify the Corps when this coordination with
the U.S. Coast Guard has commenced and provide updates as requested.
41. The Permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the Permittee should contact the U.S. Coast Guard Marine Safety Office
at telephone, (910) 772 -2200.
42. The Permittee will not impact the 16 anomalies identified in the "Submerged Cultural
Resource Assessment of Data Generated by Remote- Sensing Surveys of Two Proposed
Borrow Sites off Rodanthe, North Carolina." In order to do this the permittee will not perform
any dredging activities within 200 feet of these anomalies.
43. Minimizing impacts to the borrow areas: The permittee shall not dredge within 500 meters
of live /hard bottom areas within the project borrow sites.
End of Special Conditions