20041216 Ver 2_Corps of Engineer Correspondence_20151228

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE '
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO December 15, 2015
ATTENTION OF:
Regulatory Division
Subject: Action ID No. SAW -1999-01052; Mason Inlet Relocation Project and Maintenance
H. Layton Bedsole, Jr.
Shore Protection Coordinator
i
New Hanover County; Engineering Department;,
230 Government Center Drive, Suite 160
0151
Wilmington, North Carolina 28403 9 NR w WNrEK 49—
Dear Mr. Bedsole:
I am responding to your request dated October 2, 2015 for modification to an existing
Department of the Army (DA) permit issued for the above referenced project which is valid until
December 31, 2031.
The above referenced Corps permit authorized the relocation of Mason Inlet, excavation of
Mason Inlet, construction of a sediment basin, and re -nourishment of the southern end of Figure
Eight Island or the northern end of Wrightsville Beach, including maintenance activities. The
proposed permit modification involves the revision of Permit Condition #12 from the 2001
Corps Permit to be consistent with an updated Biological Opinion issued by the United States
Fish and Wildlife Service issued on May 21, 2015 (enclosed).
I have determined that the proposed project modification described above are minor and
are not contrary to the public interest and therefore, the DA permit is hereby modified. It is
understood that all conditions of the original permit remain applicable and that the expiration
date is unchanged.
The permit modification will remove the previously existing Permit Condition 412 which
states:
"This Corps permit does not authorize the permittee to take an endangered species,
in particular the piping plover (Charadrius melodus), the seabeach amaranth
(Amaranth us pumulis), the West Indian manatee (Tr^ichechus manatus), the green sea
turtle (Chelonia mydas), and the loggerhead sea turtle (Caretta caretta). In order to
legally take a listed species, you must have separate authorization under the
Endangered Species Act (ESA) (e.g., an ESA section 10 permit or a Biological
Opinion (BO) under ESA section 7, with "incidental take" provisions with which you
must comply). The enclosed US Fish and Wildlife Service (Service) BO, dated

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associated with "incidental take" that is also specified in the BO. Your authorization
under this Corps permit is conditional upon 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 noncompliance with your Corps permit. However, the Service is the
appropriate authority to determine compliance with the terms and conditions of its
BO, and with the ESA. For further clarification on this point, you should contact the
Service. Should the Service determine that the conditions of the BO have been
violated, normally the Service will enforce the violation of the ESA, or refer the
matter to the Department of Justice."
This condition will be replaced with the below condition, all other conditions stated in the
2001 Corps authorization will remain intact and unchanged.
"Pursuant to Section 7 of the Endangered Species Act (ESA), the Corps has
conducted consultation with the United States Fish and Wildlife Service (FWS)
concerning project related impacts to Federally -listed species and critical habitat for
species managed by the FWS. A result of the consultation was a Biological Opinion
(BO) and associated incidental take statement. An incidental take statement is
required to legally take a species under the ESA. The enclosed FWS BO, dated May
21, 2015, contains reasonable and prudent measures as well as terms and conditions
related to incidental take associated with the take of piping plover (Charadrius
melodus), red knot (Calidris canautus), loggerhead sea turtle (Caretta caretta),
leatherback sea turtle (Dermochelys coriacea), green sea turtle (Chelonia mydas),
Kemp's ridley sea turtle (Lepidochelys kempr), and seabeach amaranth (Amaranthus
pumilus). This authorization is conditional upon your compliance with all of the
mandatory reasonable and prudent measures and terms and conditions. This
authorization does not allow for the take of West Indian manatee (Trichecus manatus)
or hawksbill sea turtle (EYetmochely imbticata).
Failure to comply with the terms and conditions of the BO would constitute
noncompliance with your Corps permit. The FWS, however, is the appropriate
authority to determine compliance with the terms and conditions of its BO, and with
the ESA. Should the Service determine that the conditions of the BO have been
violated, the FWS, as the responsible agency, will enforce the violation of the ESA, or
refer the matter to the Department of Justice."

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Should you have any questions, please contact Mr. Kyle Dahl, Wilmington Field Office,
Regulatory Division, at telephone [phone].
Sincerely,
P
Kevin P Landers, Sr.
Colonel, U.S. Army
District Commander
Enclosure:
Biological Opinion: NH County -Mason Inlet Relocation Project
Copies Furnished (w/o enclosure):
Ms. Karen Higgins
Division of Water Resources
North. Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Division of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

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Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Robb Mairs
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Electronic Copy Furnished (w/enclosure):
Todd Horton, OP/NW