20110905 Ver 1_USACE SAW 2005-00748 permit_20150908

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
RECEIVED
UPLY TO
ATTMTIONOF AUG 31 2015
August 27, 2015
CEU CLEVELAND
Regulatory Division
Action ID No. SAW -2005-00748
United States Coast Guard
Civil Engineering Unit, Cleveland
CDR J.H. Lang, Commanding Officer
1240 E 9a' Street, Room 2179
Cleveland, Ohio 44199-2060
Dear Mr. Lang:
Reference the Department of the Army (DA) permit issued on February 3, 2012, for impacts
to navigable waters of the U.S. associated with maintenance dredging activities within navigable
waters abutting the Morehead City Channel, in Atlantic Beach, at Fort Macon, in Carteret
County, North Carolina. The original authorization allowed for the removal of approximately 2.2
acres (8, 732 cubic yards) of material within a 19 -acre project area on an as needed basis.
By request dated May 26, 2015, you are requesting to remove an additional amount of
material totaling approximately 1, 470 cubic yards of material which has accumulated within the
project area, and `high spots' of material which were missed in the initial dredging activity. The
proposed dredging will involve mechanical dredging and the US Coast Guard anticipates
dewatering the dredged material from a barge located within the proposed dredge area. The
dredge area will be surrounded by a weighted turbidity curtain which will remain in-place during
and for a period of time following the dredging activities. The material will then be loaded into
trucks and transported to an approved, licensed disposal facility (we anticipate disposing of the
material at the Sampson County Landfill). The proposed maintenance dredging will be
completed outside of the February 1 to July 31 anadromous fish moratorium.
I have determined that the proposed project modifications described above are not contrary
to the public interest and consistent with the 404 (B)(1) and therefore, the DA permit is hereby
modified as requested. The expiration date of December 31, 2022 remains unchanged.
All other original conditions in the February 3, 2012 permit remain valid and are
enforceable with this modification.

-2 -
This modification approval will be utilized for future compliance of the project. If you have
questions, please contact Ms. Liz Hair of the Wilmington Regulatory Field Office, at telephone
[phone].
Sincerely,
Kevin P. Landers
Colonel, U. S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Jennifer Jones, AECOM
701 Corporate Center Drive, Suite 475
Raleigh, North Carolina 27607
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Mr. Todd Bowers, US EPA
Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557

52
Mr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412
Mr. Fritz Rohde
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pete Benjamin, US Fish and Wildlife Service
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
Ms. Joanne Steenhuis, NCDWR (electronic copy)

SPECIAL CONDITIONS, PERMIT SAW 2005-00748
(revised 6/30105)
Work Limits
a) 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 US Army Corps of Engineers (USAGE) prior to
implementation.
b) Except as authorized by this permit or any USACE 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 waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected
with this project.
c) Except as specified in the plans attached 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, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
Related Laws
d) All mechanized equipment wilt 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 RC, Division of
Water Quality at [phone], Ext. 526 or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
Project Maintenance
e) The permittee shall advise the Corps in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by
this permit.
f) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities. Metal products, organic materials

(including debris from land clearing activities), or unsightly debris will not be
used.
g) 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 available at the project site during
construction and maintenance of this project
h) The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas, Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 1 t3A Article 4).
i) 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.
Enforcement
j) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the
permittee's discovery of the violation,
lc) 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 waterway to its former conditions. If the
permittee fails to comply with this direction, the Secretary or his representative
may restore the waterway, by contract or otherwise, and recover the cost kom the
permittee.
1) The authorized structure and associated activity 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.
m) The permittee understands and agrees that, if firture 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 umeasonable
obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice fiom 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 weeks prior
to beginning work and upon completion of work.
n) 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 [phone].
Special Conditions
o) For the protection of anadromous fish, Atlantic sturgeon, and the West Indian
manatee, the permittee will not conduct in -water work from February 1 through
July 31 of any year. This exclusion incorporates all moratoriums on construction
activities established by the commenting state and Federal regulatory agencies to
minimize biological and environmental impacts.
p) The permittee will employ the enclosed USFWS' "GUIDELINES FOR
AVOIDING IMPACTS TO THE WEST INDIAN MANATEE- Precautionary
Measures for Construction Activities in North Carolina Waters" during the field
activities portion of the project to avoid impacts to this protected species.
q) Prior to commencing the dredging activities authorized by this permit the
Permittee shall install floating turbidity barriers with weighted skirts that extend
to within one foot of the bottom around all work areas that are in, or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained
until the authorized work has been completed and all erodible materials have been
stabilized.
r) The permittee will ensure that all water collected from the dewatering system will
have a turbidity value less than 25 NTIT before being discharged to the boat basin.
In the event this threshold is exceeded, all operations must cease and the
appropriate measures taken to restore conditions to within acceptable water
quality standards.

SAW 2005-00748
United States DePairtment of the Interior
� p
TISHA1YI1'VJI murlE, SrRVICR
RatoighFiald Office
17"m Post Olrica Box 33726
F
. Raleigh; Nor6i 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 (Trichechusmanatus), 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 1161 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 responsiblefor the protection and recovery of the'1Nest 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 ofthese 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
pursuantto the National Environmental. Policy Act, will expedite the Service's reviewof 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 about
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 occurin these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow waterduring these months. All equipment must be shut down
If a manatee comes within 50 feet of the vessel or operating equipment. Acollision
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 sumrnarizes 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 wa ke/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. 0612003):
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.
fl%
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-evaluatlon of the mammals, Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NO. pp. 52.

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