20081764 Ver 4_Minor Mod Request_20191114

Strickland, Bev
From: Coats, Heather
Sent: Thursday, November 14, 2019 3:38 PM
To: Mickey Sugg; Mairs, Robb L
Subject: FW: [External] NTB Truck Haul Minor Mod
Attachments: 191106 Minor Mod Request.pdf
Hi guys,
Sorry for the delay in forwarding this. Attached is the formal modification request for the North Topsail Beach project.
Please let me know if you have any questions, comments or concerns. I have also sent to Maria for WRC comments.
Thanks,
Heather
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats(cDncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jamie Pratt [mailto:[e-mail]]
Sent: Wednesday, November 6, 2019 10:26 PM
To: Coats, Heather <[e-mail]>
Cc: 'Chris Gibson' <[e-mail]>; [e-mail]
Subject: [External] NTB Truck Haul Minor Mod
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Good Evening Heather -
Please see attached PDF requesting a minor modification to our NTB Truck Haul Permit (79-10). We are formally
requesting to modify the fill area from the berm and beach slope to the dunes. Hurricane Florence drastically changed
the face of the beach after receiving our original permits and has directed attention to more urgent placement areas
than the sand lost to Hurricane Matthew. Please review the attached letter and plans and let me know if you have any
questions. Thank you!
Jamie Pratt, MS, PG

Coastal Geologist
[e-mail]
office: 910.821.1358
cell: 910.508.2744
387-B North Green Meadows Drive
Wilmington, NC 28405

TI Coastal Services, Inc.
387-B N. Green Meadows Drive
Wilmington, NC 28405
[phone] (o)
[phone] (f)
November 6, 2019
Ms. Heather Coats
Beach & Inlet Management Project Coordinator
NC DEQ, Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone]
[e-mail]
RE: Minor Modification of North Topsail Beach Permit 79-10
Dear Ms. Coats,
TI =toastal
SERVICES
Please allow this letter to serve as a formal request for a minor modification to CAMA Permit #79-
10, which currently allows for truck hauled sand from an upland borrow source to be used for beach
nourishment via berm reconstruction. North Topsail Beach has established a long-term management
plan utilizing offshore borrow sources to place beach quality sand along the shoreline. The project
was broken into 5 separate phases due to the volumetric and monetary constraints that accompany
such a large project. During the winter of 2014/2015, the Phase 5 portion of North Topsail's project
was completed, located in the southern 4 miles of the town. During this project, material was
dredged from the offshore borrow site and placed on the beach, repairing the primary dune
structure and creating an approximately 150 foot wide berm on the beach. Phase 5 construction was
completed in June 2015.
Hurricane Matthew impacted the North Carolina coastline in October 2016, causing substantial
beach erosion. Because North Topsail is considered an 'engineered beach' due to its long term
management plan, it is eligible for federal funds to replace sand lost during a FEMA Category G
Disaster Designation. Post storm surveys of the North Topsail Beach Oceanfront indicated that
approximately 168,000 cubic yards of sand was lost from the construction template that was built
during the 2014/2015 Phase 5 beachfill project and the Town was awarded funding from FEMA to
reconstruct the eroded beach.
The quantity of beachfill required to repair the Phase 5 beachfill was not enough to warrant the
expense of an ocean certified hydraulic dredge and therefore an alternative borrow site was sought.
The CAMA permit application sought a Minor Modification to North Topsail Beach's current permit
(CAMA Permit 79-10 and USACE Permit No. SAW 2005-00344) to utilize a different borrow area, but
place material within the footprint of the previous project. In lieu of excavating material from the
permitted offshore borrow site, the Town of North Topsail Beach opted to use ST Wooten's sand
mine, located off of US-421 in Wilmington, as their preferred sand source for this project. Moving
beach -quality sand from an inland borrow area by using both on -road and off -road dump trucks in
the most economically feasible way to repair the damaged beach.
This application was submitted in November 2017 and the modified CAMA and USACE permits were

TI Coastal Services, Inc.
387-B N. Green Meadows Drive
Wilmington, NC 28405
[phone] (o)
[phone] (f)
TI =toastal
SERVICES
issued in February, 2018. Due to the timing of the permits being issued and the remaining
construction window within the environmental moratorium window of March 31, it was not possible
to put the project out to bid, award a contract and expect to complete construction of the project in
the Spring of 2018. As such, the project was tabled for the remainder of the season with the
expectation of work beginning in November 2018.
Hurricane Florence made landfall in Wrightsville Beach on September 14, 2018 and cause severe
erosion , dune breaching and flooding to the surrounding areas, especially in North Topsail Beach.
The primary dune system was essentially completely flattened during the hurricane, leaving the
oceanfront houses and town infastructure extremely vulnerable to future storm events. Post storm
surveys dictated that the placement area be modified and address the more urgent need of
repairing the primary dune system. This minor modification is requesting that the berm placement
area be changed to allow for a dune reconstruction project rather than a berm and beach slope fill
project, as shown in the attached plans. The sand source, ST Wooten on 421, will remain as the
borrow area for the project and no other changes are proposed rather than the placement area on
the oceanfront shoreline.
The proposed dune restoration template does not encroach onto the beach further than the
footprint of the dune system present before Hurricane Florence and does not impact any land below
the current Mean High Water line. The attached, updated, set of construction plans includes
bathymetric data from our most recent survey of the North Topsail Beach oceanfront (conducted on
September 7, 2019 after Hurricane Dorian). The mean high water and mean low water lines, shown
in plan view, are updated based on elevations gathered during our September 2019 survey. The
cross sections provide the Pre Florence beach profiles (RED), the Post Florence Profiles (BLUE), and
the most recent Post Hurricane Dorian Profiles (GREEN).
Given that the new placement area does not impact any beach area below Mean High Water and we
are utilizing an upland borrow area for the sand source, we would also like to request that the spring
environmental moratorium date (currently listed as April 1 in the NCDEQ permit) be extended as
much as possible into the spring.
As always, we greatly appreciate your hard work on these applications. I have attached PDFs of our
existing permits (CAMA, USACE, and Water Quality) for your reference as well as the updated plans
with current bathymetry and cross sections. If you have any questions please feel free to contact us.
Sincerely,
Jamie Pratt

� • '� � - � - �',•. �_ -�' � � .fie+ „"'.,: �
y
lot
L Al
O >-
" • � y
WV
� � 0
CD
CD
CD CD
o ,1
+ + + `y + + _
LO CD
LO In In In 0
j ,' z
Baseline +- +6,2 _ 6 _ +9,0-
+7.8 f +11.6 "
+8A +7.2 +4,8
+4,5 +2 8 +21
+21 \Mean High Water+0,cr- +0.0 +0.0
IT
rl ' 1
A. a: � �
F z�CCDD
.. o o o + �.
+ :j +o + i + -! U
�0
n m o
uO +6,0 un `°
+8,8 ` A +7,7
+7,1 - -7 - +3 5
0.6 4 13 DUNE REPAIR AREA
2.2
1,
2.4
2.3
4.0
3.8
4.4
6.3
5.6
7.3
8.1
8.0
8.8
9.6
9.6
0.0
1.
10.0
10.4
108
10.3
10.9
10.9
10.2
10.9
1.7
1.
9.8
11.1
11.2
9.9
1018
1.
10.0
10.4
10.
10.5
10.3
101
1013
9.9
9,7
10.3
9.9
10.5
10.9
1011
10.2
10.0
w
H
11.6
11.3
1019
12.1
_J
12.9
14.0
12.4
13.6
13.2
z
15,4
15,0
145
.0
17.2
16.7
16.4
18.
18.1
17.8
1
19.3
19.2
197
20.6
20.4
.
20,9
21.8
21.4
2 8
22.7
22.4
22
23.5
23.0
.8
2
24.6
24.9
24.5
24
25.4
25.4
25.3
25.9
26.1.9
2
26.3
26.4
2 6.5
26.7
26.6
27
271
27.5
.1
27.8
27.5
27.5
2
27.7
28.0
28.3
28
28.4
2818
8.9
29.3
29.5
29.2
29.8
29.9
29.8
29.9
29.9
30.4
30
30.5
29.9
30
30.5
30.4
.
30.9
31.1
30.7
.
31
31.1
31.3
31.6
31.2
317
3
31.7
31.4
.9
.
32.7
31,8
31.5
32J
32.2
32,1
33,2
32,6
32.4
33.2
32,6
32,6
33,5
+1.4
+2,1
+
+0.3
+0.2
0.4
/ 0.7
0.6
2.0
1.8
1.7
1.8
DUNE REPAIR AREA 2.4
2.3
3.0
4.0
4.4
4.9
6.0
6.2
7.1
8.2
7,5
9.1
9.6
8.6
10.
10.4
9.7
107
10,5
10,3
10.7
10.3
10.6
10.3
9.9
10.7
9.9
9.4
10.3
1010
9.6
10.2
9.6
9.6
9.7
9.8
9.9
9.7
10.3
9,7
104
10,6
9 8
.
11.1
11.3
10,4
12.1
12.3
1L2
13.4
13.5
12S
14.7
14.8
12.5 3.
16.1
16.0
15.0
17.5
17.3
16.3
1818
18.6
1 .6
20.1
1919
1
21.3
21.0
.5
20.5
22.2
22.1
21.3
24.2
23.0
3
22.3
25.4
23.9
23.9
26.3
24.7
25.1
27.0
25.4
27.2
26.1
26,5
26.9
27.7
2 27.5
27
27.1
27.8
2
27.5
28.2
288
28.2
28.5
.8
29
28.6
2818
28,7
29.1
.9
3 30.
30
29.0
29,4
30.6
29.3
2919
3
29.8
30.0
32.9
30.3
30.0
30.5
.
3
30.8
31.0
30.8
.1
33.1
3
3
31.1
31.3
31.8
.4
.
329
31.6
32.6
31.8
33.7
33.
32.0
32.1
32.6
334
32.3
32.5
33.3
33.7
34.3
33.1
34.1
_ _
34
33.3
34.4
- A
34.7
NTB Phase 5 FEMA Truck Haul Notes
1. Horizontal Datum: NC State Plane -Zone 3200, NAD83, Feet
2. Vertical Datum: NAVD88
TI , o a sta I Vertical Datum North Topsail Beach 3 Data collected co Tl Coastal on tome. her 7th, 2019 (Post Hurricane Dorian)
_ Conversion and represent conditions at that time.
1 Mean High Water Onslow County, North Carolina Graphic Scale 4_ Soundings are expressed in feet and tenths.
•� 0' 75' '150, 300'
5. Mean High Water and Mean Low Water values derived from NOAA Tidal Benchmark
BEACH CONSTRUCTION PLANS 2016 A9(Wilmingtonadownloaded
Pier
Scale: 1" = 300' I.
HAvogg 6. 2016 Aerial downloaded from NC One Map GeoSpatial Portal.
TI Coastal Services, Inc.
387-B N. Green Meadows Drive s.st' DWG NAME: NTB Phase 5 FEMA Truck Haul -BEACH CONSTRUCTION.dwg
Wilmington, NC 28405 Mean Low Water Project Layout - Plan View DWG DATE: November 8, 2019 SURVEY DATE: September 7, 2019
910.821.1358
SCALE: 1" = 300' SHEET: 2 OF 7

CD �; a,
+ o
.D -- a
Baseline +11.8 Amp
-
DUNE REPAIR AREA'
POW
+0,8
0.2
0.9
2.1
2,3
4.7
6.2
7,7
8.7
9.6
10.7
11.2
11.2
10.3
10,1
9,8
9.6
9.7
10.0
10.6
11.4
12.4
13.6
15.0
16.4
17.7
19.2
20.4
21.6
22.6
23.5
24.4
25.3
26.0
26.6
27.3
27.7
28.2
28.6
29.1
29.5
29.8
30.6
30.6
31.4
31.6
32.3
32.4
32.8
32.9
33.2
33.3
33.5
33.7
34.3
34.4
i
r1
'� �� ?�.� '1 � , ,■■ �1� ~�P� "f �F. Gray Street on -road truck to
r •-� +__, _ o off road truck transfer area. o
CD o Sand to be stockpiled, then o
o CD oo i Baseline o transported to final fill area. if
o + =!I -
+ � CZ)d
CD
sD `D - -
. +8,7 _
+1,1 +1,q
+0,1 0.3 1'2
0.9
12
DUNE REPAIR AREA
2,0
2.2
1.7
2.5
Mean High Water 0
3.4
5.0
3.9
4.9
6.4
6.1
6.7
7.9
6.0
8.6
9.5
9.7
10.0
9.9
10.2
11.1
10.1
1018
11.6
10.5
1L2
11,7
10.8
1019
11.3
10.5
10.5
11.0
10,7
10,1
10.6
10.7
9.7
11.0
10.2
9.8
10.9
10.3
10.0
10.2
10.6
10.2
10.3
11.1
10.7
10.7
11.4
11.3
12.1
12.6
12.6
13.1
13.8
14.0
14.3
15.2
15.4
16.0
16.5
16.7
17.3
17.8
18.1
18.6
1911
19.5
20.0
20.2
20.7
21.2
MA
21.9
22.3
22.4
22.9
23.4
23.4
23.8
24.3
24.2
24.7
25.1
24.9
25.6
25.8
25.6
26.2
26.5
26.3
26.9
27.1
27,1
27.5
27.7
27.9
27.9
28.3
28.5
28.6
28.8
28.9
29.1
29.3
29.3
29.6
29.8
29.5
301
30.3
29.8
30.6
30.7
30.5
31.2
31.1
30.6
31.5
31,5
31.2
31.9
31.7
31.6
32.3
32.3
32.1
32.7
32.6
32.5
33.1
33.0
32.6
33.1
33.2
33.0
33.5
33.5
33.4
33.7
J
33.9
33.6
34.0
34.2
33.9
34.3
34.5
34.2
34.6
34.8
34.5
34.9
35.0
34.8
35.2
35.1
1. 1
q9q
35.5
4-
CD
CD
0
sD
�D
+9,1
+1,6
+0,3
0,5
1.3
2.0
3.9
5.3
6.8
8,1
9.3
10.3
10.7
10.6
10.7
10.4
10.5
10.3
10,1
loll
10.1
10.3
11.5
12.8
14.3
15.8
17.2
18.7
20.0
21.3
22.5
24.2
26.0
26.8
27.4
28.1
28.6
29.0
29.4
29.5
30.0
30.8
31.1
31.6
31.9
32.3
32.6
33.0
33.3
33.9
34.2
34.4
34.7
35.0
35.1
35.1
35.5
35.8
36.6
NTB Phase 5 FEMA Truck Haul Notes: 2.V1. Horizontal Datum: NC State Plane -Zone 3200, NAD83, Feet
2. Vertical Datum: NAVD88
TI , o a sta I Vertical Datum North Topsail Beach 3 Data collected co Tl Coastal on tome. her 7th, 2019 (Post Hurricane Dorian)
_ Conversion and represent conditions at that time.
Mean High Water Onslow County, North Carolina Graphic Scale 4_ Soundings are expressed in feet and tenths.
'� 0' 75' '150, 300'
5. Mean High Water and Mean Low Water values derived from NOAA Tidal Benchmark
BEACH CONSTRUCTION PLANS 2016 A9(Wilmingtonadownloaded
Pier
Scale: 1" = 300' i.
HAvogg 6. 2016 Aerial downloaded from NC One Map GeoSpatial Portal.
TI Coastal Services, Inc.
387-B N. Green Meadows Drive s.st' DWG NAME: NTB Phase 5 FEMA Truck Haul -BEACH CONSTRUCTION.dwg
Wilmington, NC 28405 Mean Low Water Project Layout -Plan View DWG DATE: November 6, 2019 SURVEY DATE: September 7, 2019
9O.821.,358 I r SCALE: 1" = 300' SHEET: 3 OF 7

s,
Aft
_ -r o o 0 CCD 0
+ + f. .� o 0 + 0 0 0
-
CD CD
+91 �. _ Baseline". ++8z - a� - +t?9,3 - - - +10.8 - � � r`
- +14.9FFF
- -
+3,1 +4,0
+16 +1,8 +1,9 +2,5
+0 +0,4 � - - +0,3 +1.0
0,8 0,0
0.3
�3 / 2,1 1,0 Mean High Water 018 0,8 /
2,0 DUNE REPAIR AREA 0 2.0 �" Ts 2.7 1,6
3.9 3,1 2,9 ,,�,,.• : 2,Z'r DUNE REPAIR AREA
3.5 2,7
5,3 5,3 x,• .Y r„ . 4,5
6,0 7,1 5,1
8.1 7.4 8,7 f ' .6 6,7
8,1 9.3 9.9 9.7 8,6 8,6
9.3 10,5 10.3 10.6 10.1
10.3 1111 10,6 10.8
10.7 11,6 10,5 1. 10,9
10.6 11.6 10.4 109. 10,8
10.7 11,2 10.4 8.9 10,4
10.4 10.6 10.2 9.8
10.5 1011 9.8 9'0 10,0
10.3 101 9.9 9.8 9.4 10.0
10,1 918 9,8 9.6 10.0 9 8
10,1 10,0 10,1 10,4
10.6 10.8 10.3
10.3 HA 11,7 11.2 10.9
11.5 12.6 13.0 122 11.9
12.8 14.0 142 13.5 13.0
14.3 15.3 15.5 14.7 14.4
15.8 16.9 16.9 16.1 15.9
17.2 18.4 18.3 17. 17.3
19.6 19.6 18.7
0.0 20.9 20.8 2 0.1 20.1
2
21.9 22.0 21A 21.3
22.5 23.2 23.1 22,5
24.2 24.1 24.1 23.6 23,5
26,0 25.1 25.0 24,6 24.5
26.8 25.9 25.8 25.5 25.5
27.4 26.6 26.6 262 26,3
28.1 27.2 27.3 26.9 27.0
28,6 27.8 27.9 27.5 27.7
29.0 28.5 28.5 28.2 28.2
29,4 28.9 28.9 28.7 28.8
29.5 29.5 29.3 29.1 29.3
30,0 29.9 29.8 1 30.29.7
30.8 30.4 30.2 3030.2
3
31.1 30.6 30.5 30.9 30.7
3L3
31,6 31.1 31.1 1.31.2
31.9 31.6 31.4 31.5
32.3 31.9 31.8 3L8 32.0
32,6 32.2 32.1 1 321 32.3
33,0 32.5 32.6 32,5 32.7
33.3 32.9 32.9 32'8 33,2
33.9 33.3 33.5 33.6 33.4
34.2 33.7 33.8 33.8 33.7
34,4 33.9 34.1 34.3 34.1
34,7 34.1 34.2 34.5 34.2
35.0 34.6 34.5 34,5 34.8
351 34.7 34.8 34.7 .2 34.7
35.1 34.9 35.2 35.2 35.4
35.5 35.2 35.4 35.5 35.6
35.8 35.6 35.7 35.7 35.8
36.6 35.6 3 35,7
35.9
NTB Phase 5 FEMA Truck Haul Notes:
1. Horizontal Datum: NC State Plane - Zone 3200, NAD83, Feet
2. Vertical Datum: NAVD88
TI , o a s to I Vertical Datum North Topsail Beach 3 Data collected cby onditions Coastal on September 7th, 2019 (Post Hurricane Dorian)
Conversion and represent conditions at that time.
�� Mean High Water Onslow County, North Carolina Graphic Scale 4. Soundings are expressed in feet andtenths.
0' 75' '150, 300'
t 40, S. Mean High Water and Mean Low Water values derived from NOAA Tidal Benchmark
BEACH CONSTRUCTION PLANS Scale: l"=300' 8658559ial downloaded
Pier).
HAvoaa 6. 2016 Aerial downloaded from NC OneMap Geo6patial Portal.
TI Coastal Services, Inc. s g DWG NAME: NTB Phase 5 FEMA Truck Haul - BEACH CONSTRUCTION.dwg
387-B N. Green Meadows Drive
Wilmington, NC 28405 Mean Low Water Project Layout - Plan View DWG DATE: November 6, 2019 SURVEY DATE: September 7, 2019
910.821.1358
SCALE: 1" = 300' SHEET: 4 OF 7

i
e. •...c
o a
+
C:) + - k
b �
3 i Lr
+6,1 Basel�t ' I;
+12.0
+2,2
0.1
1.1
1.9
3.2
5.3
7.2
8.9
9.9
10.5
10.7
10.6
10.4
10.0
10.0
9.8
9.4
9.6
10.1
10.5
11.4
12.7
14.1
15.7
17.1
18.5
19.9
21.2
22.4
23.5
24.5
25.3
26.1
26.8
27.4
28.0
28.4
29.0
29.6
30.1
30.6
31.0
31,5
32.0
32.4
32.9
33.3
33.7
34.0
34.3
34.7
35.2
35.7
35.6
35.9
36.0
1101110140:19_l9_
CZ)=L �► '
(U 0 + 16
r- ICU CD
+8, - - __ +8,0
err 11■...,r..::::::.niFn.rirrmmn... '- '- +8-6-- -
+1,9
+U,2
1.3
2.4
2.4
5.3
6.5
8.5
1.3
).7
Ll
L1
).5
),1
9.6
9.8
9.4
9.6
1,1
10.9
12.0
13.3
14.7
16.2
17.6
19.1
20.4
21.6
22.7
23.7
24.6
25.4
26.1
26.8
27.4
28.8
29.0
29.6
30.2
30.6
31.0
31.3
31.9
32.3
32.6
33.0
33.5
33,6
34.2
34.4
34.7
34.9
35.0
35.2
35.5
+1,7
+U,'�
0.9
1.7
2.2
3.8
6.1
7.5
9.1
9.9
10.1
10.7
11.0
10.6
10.4
10,1
9.7
9.3
9.6
10.1
10.9
1119
13.1
14.6
15,9
17.4
18.7
20.0
21.3
22.4
23.4
24.4
25.3
26.1
26.8
27.2
27.8
29.3
29.4
30.4
30.5
30.5
30.9
32.1
32.6
32.9
32.8
33.1
33.8
33.8
34.1
34.3
34.5
34.6
34.9
_ r40
CD�f CD • t
2- 4-t O ,
r__ r- L0
iu .........
+2, 5
+U.J
0.9
Mean High Water 119
2.1
3,P
4.9
6.7
8.4
9.6
10,1
10.3
10.6
10,4
10.0
9.7
9.8
10.0
9.8
10.2
10.8
11.7
12.9
14.4
15.9
17.4
18.8
20.1
21.3
22.5
23.6
24.5
25.3
26.1
26.8
27.5
28.1
28,8
29.4
29.9
30.4
30.7
31.1
31.5
31.9
32.1
32.4
32.8
32.7
33.3
33.7
33.9
34.0
34.5
34.7
DUNE REPAIR AREA
+2,2
t0.5
12
L8
3.0
4.5
6.4
8.0
9,6
10.5
10.6
10.4
10.1
9.8
10.0
9.8
9.6
9.5
9r8
10.3
11.4
12.5
14.1
15.6
17.1
18.5
19.8
21,1
22.3
23.5
24.4
25.3
26.0
26,7
27.4
27.9
28.6
29,0
29.5
30.0
30,4
30.8
31.1
31.4
31.7
32.2
32.4
32.8
33.2
33.7
33.9
33.9
Notes: NTB Phase 5 FEMA Truck Haul2.
1. Horizontal Datum: NC State Plane -Zone 3200, NAD83, Feet
2. Vertical Datum: NAVD88
TI , o a sta I Vertical Datum North Topsail Beach 3 Data collected co Tl Coastal on tome. her 7th, 2019 (Post Hurricane Dorian)
_ Conversion and represent conditions at that time.
1 Mean High Water Onslow County, North Carolina Graphic Scale 4" Soundings are expressed in feet and tenths.
'� 01 75' '150• 300'
5. Mean High Water and Mean Low Water values derived from NOAA Tidal Benchmark
BEACH CONSTRUCTION PLANS 82016A9(Wilmingtonadownloaded
Pier
Scale: 1" = 300' i.
HAvogg 6. 2016 Aerial downloaded from NC One Map GeoSpatial Portal.
TI Coastal Services, Inc.
387-B N. Green Meadows Drive DWG NAME: NTB Phase 5 FEMA Truck Haul -BEACH CONSTRUCTION.dwg
Wilmington, NC 28405 Mean Low WaterF Project Layout -Plan View DWG DATE: November 6, 2019 SURVEY DATE: September 7, 2019
910.821.1358
SCALE: 1" = 300' SHEET: 5 OF 7

X:2448946.40 580+00
Length:1500.00
Azimuth:144.00
X:2449828.08
Y: 256574.60
Y: 255361.07
-50.00 0.00 50.00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
.20.00
-20.00
580+00
-15.00
SURF CITY TOWNSHIP
-15.00
UNE NSTRUCTION STARTS AT APPROX. STA 582+00
-10.00
-10.00
.5.00
-5.00
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 1, 2017 190307 FOs
DBL 125.00 Ft:ln
580+00
580+00
580+00
Depth 15.00 Ft:ln
X:2452184.30 620+00
Length:1500.00
Azimuth: 144,00
X:2453065.98
Y:258903.30
Y:257689.77
-50.00 0.00 50,00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20,00
620+00
-20.00
Ah 1-15.00
-15.00
2'
+12'
-10.00
-
1
-10.00
-5.00
-5.00
MeanH9hWater
_____
0.00
0.00
Mean Low Water
5.00
5.00
10,00
10.00
181219 POST FLORENCE September 2017
Template
DBL 125,00 Ft:ln
620+00
620+00
620+00
Depth 15.00 Ft:ln
X:2455433.20 660+00
Length:1500.00
Azimuth: 145,00
X:2456293.56
Y: 261240.60
Y: 260011.87
-50.00 0.00 50,00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
660+00
-20.00
.15.00
-15.00
20'
12'
-10.00
1
-10.00
-5.00
-5.00
MeanHI_____
0.00
0.00
Mean Low Water
5.00
00
10.00
10.00
181219 POST FLORENCE September 2017
Template
DBL 125.00 Ft:ln
660+00
660+00
660+00
Depth 15.00 Ft:ln
X:2449759.90 590+00
Length:1500.00
Azimuth:144.00
X:2450641.58
Y: 257152.90
Y: 255939.37
-50.00 0.00 502 100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
590+00
-20.00
-15.00
-15.00
20'
3 +'
-10.00
�1
-10.00
-5.00
-5.00
M nHyhWater_____
0.00
0.00
Mean Low Water
-
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORY,
DBL 125.00 Fdn
590+00
590+00
590+00
Depth 15,00 FLIn
X:2453001,90 630+00
Length:1500.00
Azimuth:145.00
X:2453862.26
Y:259475,30
Y:258246.57
-50.00 0.00 50.00 100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
630+00
-20.00
Al-15.00
-15.00
20'
-10.00
1
-10.00
-5.00
-5.00
Mean HiahWater
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORIAN
Template
DBL 125,00 Ft:ln
630+00
630+00
630+00
Depth 15.00 Ft:ln
X:2456252,90 670+00
Length:1500.00
Azimuth:145.00
X:2457113.26
Y: 261798.60
Y: 260569.87
-50.00 0.00 50.00 100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
670+00
-20.00
-15.00
-15.00
12'
1
-10.00
�1
-10.00
-5.00
-5.00
MeanHbIWater____
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
Template
DEL 125.00Fdn
670+00
670+00
670+00
Depth 15.00 Ft:ln
X 2450587.20 600+00
Length:1500.00
Azimuth:144.00
X:2451468.88
Y:257711.70
Y:256498.17
-50.00 0.00 50.00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
600+00
-20.00
-15.00
.15.00
20'
3 +12
1
-10.00
1
-10.00
-5,00
-5.00
M n Hyh Water _ _
Mean Low Water
5.00
5.00
1111
10.00
1 1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1
1 1 1 1 1
10.00
181219 POST FLORENCE September 2017
190307 PG-
DBL 125.00 Ft:ln
600+00
600+00
600+00
Depth 15.00 Ft:ln
X:2453815.70 640+00
Length:1500.00
Azimuth:145.00
X:2454676.06
Y:260062.80
Y:258834,07
-50.00 0.00 50,00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
640+00
-20.00
IA, 1
-15.00
-15.00
20'
1
-10.00
1
-10.00
-5,00
-5.00
MeanHyhWater_____
0.00
o.oa
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORIAN
Template
DBL 125,00 Ft:ln
640+00
640+00
640+00
Depth 15.00 Ft:ln
X:2457069.70 680+00
Length:1500.00
Azimuth:146.00
X:2457908.49
Y: 262366.40
Y: 261122.84
-50.00 0.00 50,00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
-20.00
680+00
-15.00
.15.00
'
12'
k
-10.00
1
-10.00
5,00
-5.00
Mean Hyh Water
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORIAI\
Template
DBL 125.00 Ft:ln
680+00
680+00
680+00
Depth 15.00 Ft:ln
X:2451373.30 610+00
Length:1500.00
AzinI144.00
X:2452254.98
Y:258325.20
Y:257111.67
50.00 0.00 50.00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
610+00
-20.00
-15.00
-15.00
20'
-10.00
1
-10.00
-5.00
-5.00
MeanHWILN r_____
0.00
0.00
Mean Low Water
5.00
`
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DOF
Template
DBL 125.00 Ft:ln
610+00
610+00
610+00
Depth 15.00 FCIn
X:2454605.60 650+00
Length:1500.00
Azimuth:145.00
X:2455465.96
Y:260676.01
Y:259447.28
-50.00 0.00 50.00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
650+00
-20.00
-15.00
-15.00
20'
3 +
-10.00
�1
-10.00
-5.00
-5.00
ME Water
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORIAN
Template
DBL 125.00 Ft:ln
650+00
650+00
650+00
Depth 15.00 R:ln
X:245789220 690+00
Length:1500.00
Azimuth:146.00
X:2458730.99
Y: 262930.90
Y: 261687.34
-50.00 0.00 5000
100.00 150.00
200,00 250.00
300.00 350.00
-25.00
-25.00
-20.00
690+00
-20.00
-15.00
-15.00
+12'
-10.00
1
-10.00
-5.00
-5.00
Mean-jgILNer_____
o.00
a.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
Template
DBL 125.00 Ft:ln
690+00
690+00
690+00
Depth 15.00 Ft:ln
NTB Phase 5 FEMA Truck Haul
Notes:
1. Horizontal Datum: NC State Plane - Zone 3200, NAD83, Feet
Graphic Scale
2. Vertical Datum: NAVD88
_
TI -, o a s to I
Vertical Datum
Conversion
Mean High Water
t 4w
Ha1188
North Topsail Beach
p
Onslow Count North Carolina
County,
H^^=o^tat
a- 62.5• 125•
Coastal on September 7th, 2019 (Post Hurricane Dorian)
3 Data collected conditions
and represent conditions at that time.
4. Soundings are expressed in feet and tenths.
S. Mean High Water and Mean Low Watervalues derived from NOAATidal Benchmark
8658559(Wilmington Pier).
Scale: 1" = 125'
Vertical
a- 7.5• ,5•
BEACH CONSTRUCTION PLANS
TI Coastal Services, Inc.
387-B N. Green Meadows Drive
Wilmington, NC 28405
2-st' mean l.ow wa<er
Typical Cross Sections - Station 580+00 to 690+00
Scale: 1"=15'
DWG NAME: NTB Phase 5 FEMA Truck Haul -BEACH CONSTRUCTION.dwg
DWG DATE: Nov ember 6, 2019
SURVEY DATE: September 7, 2019
910.821.1358
SCALE: 1" = As Shown
SHEET: 6 OF 7

X:2458731.30 700+00 Length:1500.00 Azimuth:147,00 X:2459548.26
Y: 263459.10 Y: 262201.09
-50.00 0.00 50.00 100.00 150.00 200.00 250.00 300.00 350.00
-25.00
-25.00
.20.00
-20.00
700+00
-15.00
-15.00
3 +
-10.00
1
-10.00
.5.00
-5.00
Mean11- Water--
0.00
0.00
��ulc'l'vater
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017 190907 POST DORIAN Template DEL 125.00 FCIn
700+00 700+00 700+00 Depth 15.00 Ft:ln
X:2462071.80 740+00 Length:1500.00 Azimuth:148,00 X:2462866.68
Y: 265637.90 Y: 264365.83
-50.00 0.00 50.00 100.00 150.00 200.00 250.00 300.00 350.00
-25.00
-25.00
.20.00
-20.00
740+00
.15.00
.15.00
M�+lZ
-10.00
�1
-10.00
.5.00
-5.00
MeanH9hWaler_____
0.00
0.00
Mean Low Water -
5.00
00
10.00
10.00
181219 POST FLORENCE Seel ember 2017 190907 POST DORIA, Template DEL 125.00 Ft:ln
740+00 740+00 740+00 Depth 15.00 Ft:ln
X:2459548.10 710+00
Length:1500.00
Azimuth:147.00
X:2460365.06
Y: 264033.40
Y: 262775.39
-50.00 0.00 50A0
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
710+00
-20.00
15.00
-15.00
+12'
-10.00
1
-10.00
-5.00
-5.00
MeatHyhWaler______
0.00
0.00
n L
MeaowWaler _____
-_
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
190907 POST DORIAN
Template
DEL 125.00 Ft:ln
710+00
710+00
710+00
Depth 15.00 Ft:ln
X:2462907.30 750+00
Length:1500.00
Azimuth:148.00
X:2463702.18
Y: 266190.00
Y: 264917.93
-50.00 0.00 50.00
100.00 150.00
200.00 250.00
300.00 350.00
-25.00
-25.00
-20.00
750+00
-20.00
-15.00
-15.00
20
12'
-10.00
�1
-10.00
00
-5.00
-5
MeanHyhWaler__
_
0.00
0.00
Mean LowWaler
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017
POST DORIAN
Template
DEL 125.00 Ft:ln
750+00
750+00
750+00
Depth 15.00 Fkln
X:2460385.70 720+00 Length:1500.00 Azimuth:148.00 X:2461180.58
Y: 264567.20 Y: 263295.13
-50.00 0.00 50.00 100.00 150.00 200.00 250.00 300.00 350.00
-25.00
-25.00
20,00
-20.00
720+00
-15.00
.15.00
20'
+1
-10.00
1
-10.00
-5.00
-5.00
0.00
0.00
Mean Low Water
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017 190907 POST DORIAN Template DEL 125.00 FCIn
720+00 720+00 720+00 Depth 15.00 Ft:ln
X:2461233.70 730+00 Length:1500.00 Azimuth:148.00 X:2462028.58
Y: 265096.00 Y: 263823.93
-50.00 0.00 50.00 100.00 150.00 200.00 250.00 300.00 350.00
-25.00
-25.00
-20.00
730+00
-20.00
-15.00
-15.00
10.00
P20'�O
0.00 0
1
-5.00
-5.00
MeaLl-jft ter
0.00
0.00
Mean Low Water _
5.00
5.00
10.00
10.00
181219 POST FLORENCE September 2017 190907 POST DORIAN Template DEL 125.00 R:ln
730+00 730+00 730+00 Depth 15.00 Ft:ln
�.
NTB Phase 5 FEMA Truck Haul
Graphic Scale
Notes:
1. Horizontal Datum: INC State Plane - Zone 3200, NAD83, Feet
2. Vertical Datum: NAVD88
TI , o a s to I
Vertical Datum
Conversion
Mean High Water
1.40'
NAVDaa
North Topsail Beach
p
Onslow Count North Carolina
ifr
Hu^=on<al
g• 62.5' •121,
Coastal on September 7th, 2019 (Post Hurricane Dorian)
3 Data collected conditions
and represent conditions at that time.
4. Soundings are expressed in feet and tenths.
S. Mean High Water and Mean Low Watervalues derived from NOAATidal Benchmark
8658559(Wilmington Pier).
Scale: 11" = 125'
Vertical
o• �s' ts'
BEACH CONSTRUCTION PLANS
Till Coastal Services, Inc.
387-B N. Green Meadows Drive
Wilmington, NC 28405
z.s+•
Mean pow wa<er
Typical Cross Sections - Station 700+00 to 750+00
Scale: l"=15'
DWG NAME: NTB Phase 5 FEMA Truck Haul -BEACH CONSTRUCTION.dwg
DWGDATE: November6,2019
SURVEY DATE: Se tember7,2019
P
910.821.1358
SCALE: 1" = As Shown
SHEET: 7 OF 7

Permit Class
MODIFICATION/MAJOR
Permit Number
79-10
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ikrmft
for
X Major Development 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 North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, NC 28460
Authorizing development in Onslow County at the Ocean Beach within Town Limits,
North Topsail Beach as requested in the permittee's application dated 10/31/17, including
attached workplan drawings (12), as referenced in Condition No. 1 below.
This permit, issued on February 14, 2018 , 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 } Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (12), Sheets 1-9 of 9, dated 9/28/17, Sheets 1-3 of 3, dated 9/27/17, the
Letter of Commitment dated 10/30/17, and AEC Hazard Notice dated Received DCM Wilmington
1/31/18.
2) In order to protect threatened and endangered species and to minimize the adverse impacts to
offshore, nearshore, intertidal and beach resources, no beach nourishment activities shall occur from
April 1 to November 15 of any year without prior approval from the Division of Coastal
Management in consultation with the appropriate resource agencies.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
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, 2021
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 DEQ and the
Chairman of the Coastal Resources Commission.
Fva_ Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of North Topsail Beach
Permit #79-10
Page 2 of 6
ADDITIONAL CONDITIONS
Excavation
3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
4) Excavation shall not exceed -20' NAVD88 within the NC Highway 421 Wilmington ST Wooten site.
Overdredging is specifically prohibited.
5) The borrow area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any excavation activities.
Beach Nourishment
6) This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach
of the requested project area. Any request to carry out additional activities within an area where
nourishment activities have been completed under this permit shall require a modification of this permit.
7) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high
water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management.
NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged
lands and any future lands that are raised above the mean high water level as a result of this
proj ect.
8) The seaward nourishment limit shall be constructed in accordance with the attached work plats.
9) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal
instruments shall be obtained from the impacted property owner(s).
10) Should excavation operations encounter sand deemed non -compatible with 15A NCAC 07H .0312
(Technical Standards for Beach Fill Projects), the contractor shall immediately cease operation and
contact the Division of Coastal Management. Operations shall resume after resolution of the issue of
sand compatibility.
11) Land -based equipment necessary for beach nourishment work shall be brought to the site through
existing accesses. Should the work result in any damage to existing accesses, the accesses shall be
restored to pre -project conditions immediately upon project completion in that specific area.
NOTE: The permittee is advised that any new access site would require a modification of this permit.
12) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with
the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas
shall be restored to original contours and configuration and shall be revegetated immediately following
project completion in that specific area.

Town of North Topsail Beach
Permit #79-10
Page 3 of 6
ADDITIONAL CONDITIONS
13) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the
development.
14) Once a section is complete, all heavy equipment shall be removed or shifted to a new section and the
area graded and dressed to final approved slopes.
15) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.
16) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
17) The authorized project shall not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt shall 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.
U.S. Army Corps of Engineers Conditions
18) 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.
19) Appropriate sedimentation and erosion control measures must be taken to minimize suspended material
or turbidity.
20) If submerged cultural resources are encountered during the operation, the USACE will be immediately
notified so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the
Department of Cultural Resources. In emergency situations, the permittee shall immediately contact the
UAU at (910-458-9042), Fort Fisher, so that a full assessment of the artifacts can be made.
Threatened & Endangered Species Conditions
21) The U.S. Fish and Wildlife Service (USFWS) August 28, 2017 North Carolina Statewide Programmatic
Biological Opinion (SPBO) contains mandatory Reasonable and Prudent Measures and Terms and
Conditions that are associated with "incidental take" for beach placement activities. Your authorization
under this Corps permit is conditional upon your compliance with all the mandatory reasonable and
prudent measures and terms and conditions associated with incidental take of the SPBO, which terms
and conditions are incorporated by reference in this permit. Failure to comply with these SPBO
reasonable and prudent measures and terms and conditions, 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 USFWS is the appropriate authority to determine compliance with the reasonable and
prudent measures and terms and conditions of its SPBO, and with the Endangered Species Act. The
SPBO document can be accessed at https://www.fws.gov/raleigh/pdfs/spbo.pdf .

Town of North Topsail Beach
Permit #79-10
Page 4 of 6
ADDITIONAL CONDITIONS
22) Daily routine beach surveillance shall be conducted 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 shall cease all work in that area and immediately contact Mr. Matthew Godfrey of the NC
Wildlife Resource Commission (NCWRC), at [phone], or Ms. Maria Dunn of the NCWRC, at
[phone], and the USACE to determine appropriate action.
23) All necessary precautions and measures shall be implemented so that any activity will not kill, injure,
capture, pursue, harass, or otherwise harm any protected federally listed species (such as sea turtles,
whales, manatee, shortnose 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
USACE shall be immediately notified so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Project Maintenance
24) The permittee shall advisee the Wilmington District, Regulatory Division in writing prior to beginning the
work authorized by this permit. The name, phone number, and address, including a field contact name
and number, for both the construction and engineer contractors will be submitted to the USACE prior to
any work.
25) A pre -construction meeting must be held with the USACE prior to conducting the work to ensure the
contractor fully understands the conditions of this permit. Participants shall include, but are not limited
to, representatives from NC Division of Coastal Management and NC Division of Water Resources.
26) Updated sediment analysis must be submitted to the USACE every Monday and Thursday to verify the
compatibility of the material. All analysis must include, but is not limited to, the location of the sample
station, shell percentage, silt/clay content, grain size, and color. All data provided to the USACE shall
also be provided to the Division of Coastal Management.
27) UnIess 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. Soils used for fill shall not be contaminated with any toxic substance in concentrations
governed by Section 307 of the Clean Water Act.
28) The permittee shall provide written notification of project completion immediately upon completion of
the work authorized by this permit. As -built surveys of the beach must be provided to the USACE as
they are being conducted. Final surveys must be submitted within 60 days of the completion of the
beach fill activity.
29) No deep ruts shall be left within the construction limits of project when work is completed.

Town of North Topsail Beach
Permit #79-10
Page 5 of 6
ADDITIONAL CONDITIONS
30) 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 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
or the State of North Carolina on account of any such removal, relocation, or alteration.
31) The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit Attention:
Sharon Tear N CS261, 1315 E West HWY- RM. 7316, Silver Spring, MD 20910-3282 at least two
weeks prior to beginning work and upon completion of work.
32) 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.
C. Damage claims associated with any future modification, suspension, or revocation of this permit.
Mitigation & Monitoring
33) Unless specifically modified herein, all mitigative commitments and/or biological monitoring
commitments made during the original environmental review process as found in the Final
Environmental Impacts Statement shall be adhered to.
General
34) No sand shall be placed on any sand bags that have been determined by the DCM to be subject to
removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the
DCM shall be contacted at [phone] prior to project initiation to allow the DCM to meet on site
with the permittee and/or contractor.
NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of
existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H
.0308(a)(2)(G)•
35) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
36) This Major Modification shall be attached to the original of Permit No. 79-10, which was issued on
7/21/10, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.

Town of North Topsail Beach Permit 479-10
Page 6 of 6
ADDITIONAL CONDITIONS
37) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed 1 acre in area,
an Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 08-
1764v4.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2017-02492.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 15, 2018
Regulatory Division
Action ID No. SAW-2017-02492 and State Permit No. 79--10
Mr. Steve Foster, Town Manager
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
Dear Mr. Foster:
Reference your application for a Department of the Anny permit to conduct a truck haul
restoration nourishment activity along 17,950 linear feet (or 3A miles) of oceanfront shoreline
Oc nown as Phase 5) starting near 2nd Avenue and traversing to near East 9th Street at the
southwest end of North Topsail Beach, Onslow County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CA.MA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina.. Therefore, you may
commence construction activity in strict accordance with applicable State authorization; attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
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. Your Department of the Army permit will expire on December 31, 2021.

-2-
If you have any questions or comments regarding this authorization and the accompanying
conditions, please don't hesitate to contact me in the Wilmington Regulatory Field Office at
telephone [phone] or micke .t.su usace.arm .nril.
Sincerely,
tNfickeyLggProject Manager
Wilmington Regulatory Field Office
Enclosures:
CAMA permit
401 WQ Cert
GP 291 conditions
Special Conditions
August 28, 2017 SPBO
Copies Furnished (w/enclosures);
Mr. Chris Gibson
TI Coastal Services, Inc.
387-B North Green Meadows Drive
Wilmington, North Carolina 28405
Mr. Jamie Pratt
TI Coastal Services, Inc.
387-B North Green Meadows Drive
Wilmington, North Carolina 28405
E-Copies Furnished (w/enclosures):
NOAA/NMFS; Dr. Fritz Rhode
NOAAINMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Doug Huggett
NCDEQ/DCM; Ms. Heather Coats
NCDEQ/D WR; Mr. Robb Mairs
NCDFQ/DWR; Ms. Karen. Higgins
USFWS; Mr. Pete Benjamin
USEPA; Mr. Todd Bowers

EXHIBIT A
(PERMIT SPECIAL CONDITIONS

SPECIAL CONDITIONS (Action ID. SAW-2017-02492
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina
Division of Water Quality 401 Certification #4097 (dated January 11, 2018) and
the North Carolina Division of Coastal Management CAMA Major Permit Number
79-10 (dated February 14, 2018) are incorporated as part of the Department of
the Army permit, and attached for your convenience.
Work Limits
1. All work authorized by this permit must be performed in strict compliance
with the November 2017 permit application and the attached plans (which are a
part of this permit). Any modification to these plans, prior to or during
construction, must be approved by the U.S. Army Corps of Engineers Wilmington
District (USAGE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to
this permit, no dredge, fill, or mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project within waters or
wetlands outside the designated disposal and borrow areas. 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.
3. 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.
4. All material used for the beach nourishment must be compatible.
5. Any work constructed under authorization of this permit shall be restricted
to November 16 April 30. No work will occur outside this time period. All activity,
including mobilization efforts, is restricted from the oceanfront shoreline prior to
November 16. Upon completion of work, all equipment must be removed from
the beach by April 30, this includes the leveling and/or removal of any remaining
stockpiled material along the shoreline.
6. 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. No activity may cause a hazard to navigation.

Related Laws
7. Appropriate sedimentation and erosion control measures must be taken to
minimize suspended material or turbidity. A Sedimentation and Erosion Control
Plan may be required for the project. The applicant should contact the Division of
Land Resource (910-395-3900) regarding the need for such a plan.
8. Threatened and Endangered Species:
a) The U.S. Fish and Wildlife Service (USFWS) August 28, 2017 North
Carolina Statewide Programmatic Biological Opinion (SPBO) contains mandatory
Reasonable and Prudent Measures and Terms and Conditions that are
associated with "incidental take" for beach placement activities. Your
authorization under this Corps permit is conditional upon your compliance with all
the mandatory reasonable and prudent measures and terms and conditions
associated with incidental take of the SPBO, which terms and conditions are
incorporated by reference in this permit. Failure to comply with these SPBO
reasonable and prudent measures and terms and conditions, 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 USFWS is the
appropriate authority to determine compliance with the reasonable and prudent
measures and terms and conditions of its SPBO, and with the Endangered
Species Act. The executive summary of the SPBO has been attached for your
convenience and the entire document can be accessed at
https://www.fws.ciov/raleicih/pdfs/spbo.pdf .
b) Daily routine beach surveillance will be conducted 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 cease all work
in that area and immediately contact Mr. Matthew Godfrey of the NC Wildlife
Resource Commission (NC WRC), at (252) 728--1528 or Ms. Maria Dunn of the
NCWRC, at [phone], and the USACE to determine appropriate action.
c) 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 (such as sea turtles, whales, manatee,
shortnose sturgeon and Atlantic sturgeon, red knots, and piping plover). While
accomplishing the authorized work, if the permittee discovers or observes a
damaged or hurt listed endangered or threatened species, the USACE will be
immediately notified so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
9. if submerged cultural resources are encountered during the operation, the
USACE will be immediately notified so that coordination can be initiated with the
Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In
4

emergency situations, the permittee should immediately contact the UAU at (910-
458-,9042), Fort Fisher, so that a full assessment of the artifacts can be made.
10. 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, it should be reported to the N.C. 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
11. The permittee shall advise the Wilmington District, Regulatory Division in
writing prior to beginning the work authorized by this permit. The name, phone
number, and address, including a field contact name and number, for both the
construction and engineer contractors will be submitted to the USAGE prior to
any worts.
12. A pre -construction meeting must be held with the USAGE prior to
conducting the work to ensure the contractor fully understands the conditions of
this permit. Participants may include, but are not limited to, representatives from
NC Division of Coastal Management and NC Division of Water Quality.
13. Sediment analysis must be submitted to the USAGE every Monday and
Thursday to verify the compatibility of the material. The analysis must include,
but shall not be limited to, the location of the sample station, shell percentage,
silt/clay content, grain size, and color.
14. 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. Soils used for fill shall not be contaminated with any toxic substance
in concentrations governed by Section 307 of the Clean Water Act.
15. The permittee shall provide written notification of project completion
immediately upon completion of the work authorized by this permit. As -built
surveys of the beach must be provided to the USAGE as they are being -
conducted. Final surveys must be submitted within 60 days of the completion of
the beach fill activity.
16. No deep ruts will be left within the construction limits of the project when
worts is completed.
17. The permittee understands and agrees that, if future operations by the
United States require the removal, relocation, or other alteration, of the structure
9

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 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.
18. The permittee shall notify NOANNATIONAL OCEAN SERVICE Chief
Source Data Unit Attention: Sharon Tear 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.
19. 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.
20. This Department of the Army permit does not obviate the need to obtain
other Federal, State or local authorizations required by law.
Enforcement
21. 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 USAGE within 24 hours of the permittee's discovery of the violation.
22. A representative of the USAGE will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these procedures
may result in a directive to cease all work until the problem is resolved to the
satisfaction of the USAGE. No claim, legal action in equity or for damages,
adjustment, or other entitlement shall be asserted against the United States on
account of any such required cessation or related action, by the permittee, its
agents, contractors, or other representatives.
I

EXHIBIT B
131MMUTEUT OF PER

4i v i
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
litt ://www.saw.usace.a►nl .mil/Missions/Re ulator PermitPro rarn.as x
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: JanuM 01 2017
Expiration Date: December 31 202
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER
REGIONAL GENERAL PERMIT.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic general
permit will be accepted through the North Carolina Division of Coastal Management (NCDCM).
Receipt of a complete application by the NCDCM will initiate the State's field review that will
include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The
NCDCM will forward a copy of the complete application, its Field Investigation Report and its
Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of

the project. The Corps, upon receipt of an application, will immediately assign an action
identification number, acknowledge receipt thereof, and examine the application to assure that it
can be processed pursuant to this programmatic general permit. The applicant and the NCDCM
will be furnished written notification of the Corps' determination. Notification to the applicant
will include a brief description of the administrative process.
b. For those proposals that may result in a discharge into waters of the- United States,
including wetlands, the North Carolina Division of Water Resources (NCDWR) 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.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation and guidance,
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
2

typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt 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 g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such 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 proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this General Permit until the issuance of
the NCDCM permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this general permit until the Wilmington District
Engineer or his representative provides written verification that the procedures and conditions of
the general permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
3

federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the Wilmington
District Engineer determines that the proposed activity would significantly affect the quality of
the human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Nlissions/Navigation/Setbacks.aWx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this general permit or any Corps approved modification to this
general 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. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
d. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
e. 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 113A Article 4).
f The activities authorized by this general permit 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
M

the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
g. 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/her 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 Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinatormay be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV(cr�.usace.aMy.m.il..
k. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This general permit does not grant any property rights or exclusive privileges.
m, This general permit does not authorize any injury to the property or rights of others.
5

n. This general permit does not authorize the interference with any existing or proposed
federal project.
o. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
p. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at hgp:Hsanctuaries.noaa.gov/#MN.
M

Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
u. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been completed.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gpv/t-isheries.html.
Permittees may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
v. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
7

x. The permittee must install and maintain, at his/her 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 Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at c d5waterwa s use .mil.
y. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
z. It is possible that an authorized structure may be damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United States liable for any such damage.
aa. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
bb. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertalcen
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
cc. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
dd. Except as authorized by this general permit or any Corps approved modification to
this general 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.
ee. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas,
ff. Activities which have commenced (i.e., are under construction) or are under contract

to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
w*
Scott McLendon
Chief, Regulatory Division
Wilmington District
9

Water Resources F
Environmental Quality
Town of North Topsail Beach
Attn: Stuart Turille, Town' Manager
2008 Loggerhead Court
January 11, 2018
ROY COOPER
Governor
NUCHAEL,S. BEGAN
Secretary
LINDA CULLPEPPER
Interim Director
Onslow County
DWR# 2008-17604
THIS IS NOT
North Topsail Beach NC 28460.C, A P'A
Subject Property: Hurricane MatthewpFEMA Phase I! restoration of With Topsail
Beach/Surf City line, adjacent to the Atlantic Ocean, Onslow County.
Modified Approval of.401 Water Quality Certification with Additional
Conditions
Dear Mr. Turilie:
You have our approvalJ6 accordance with the' attached conditions and those listed below, to
impact approximately 25 acres (1,089,-000 square_ feet) of open waterishallow bottom area and
approximately 45 acres (1,962,500 square feet) beach fill. below and above Mean High Water
(MHW) via truck hauled utilizing fill from an upland source as described within your application
received by the Division on November 16, 2017. After reviewing your application, we have
decided that the impacts are covered by General Water'.Quality Certification Number'4097 (GC
4097).
You should obtain or otherwise comply with any other required federal, state. or local permits
before you, go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as' depicted in yo.ur application shall expire
upon expirationof-the 404 Permit, This Certification can also be-found.on line at:
http:Hj3ortal.ncdenr.org/web/wq/swp/vvs/A01/certsandpermits.
This approval is for the purpose rind Aesign that you described in .your application. if you change
your project,..you must notify us and you -may be required to send us a. new application. If the
property is sold, the new owner must be given aIcopy of this Certification and approval letter and
is thereby responsible for:coinplying with -all conditions. lf'total fills for this. project (now or in
the future) exceed. one acre -of wetland or 150 linear feet .of stream, compensatory mitigation
may be -required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow_
the conditions listed in the attached certification and any additional conditions listed below.
State orNorth Carolina I Environmental Quality
127 Cardinal Drive Exteizsion. Wilmington, North Carolina 28405
9110-796-721-5

North Topsail Beach Shoreline Protection
DWR Permit# 2008-17644
January 11, 2018
Pago 2 of 4
The Additional Conditions of the Certification are:
1. This'approval is for the purpose and.design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
if you change your project, -you must notify the Division and you may be required to submit a
new application.package with the appropriate fee. If the property is sold, the new owner must
be given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request'the Certification be
issued in their name {15A NCAC 02H .0501 and .05021.
2. Turbidity Standard
The turbidity standard of 25 NTUs (Neph'elometric Turbidity. Units) shall not be exceeded
as described in 15 A NCAC 2B .022-0. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate.
Please notify this Office if"any turbidity issues arise.at 910.796.7215
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific'project shall remain in effect for the life of the'project,
regardless.of the expiration of this Certification.
4. The permittee shall require its contractors and/or agents to comply with the terms of
this permit in the construction and maintenance of this project, and shall provide each
of its contractors and agents associated with the construction or maintenance of this
project -a copy of this certification. A copy of this certification including all conditions
shall be available at the project.site during the construction and maintenance of this
project..(15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2))
5. Continuing Compliance:
Theapplicant/permittee and their authorized agents shall conduct all activities in a
manner consistent. with. State water-quality.standards.(including any requirements
resulting from compliance with-303(d) of the CI_ean WaterAct), and'any other
appropriate requirements of State and Federal law. If the Division determines that such
standards,or laws are not being met, including failure to sustain a designated or
achieved use; or* that State or Federal. Iaw-is 'beirig violated, or that further conditions
are necessary to assure camplia.nce, .than the Division may reevaluate and modify this.
General Water Quality Certification. (1SA NCAC 02H .0507(d)j.

North Topsail Beach Shoreline Protection
DWR Permit # 20084764v4
January_11, 201a
Page 3 of 4
6. All rhechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals.. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of S am to .5 pm-at.the Wilmington
Regional. Office at 910.796.7215 and after hours.and on weekends call (800)-858-0368.
Management of such spills shall comply with -provisions of the North. Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC.02H .0506.(b)(3).and (c)(3),
15A NCAC 02B. ,0200'(3)(f), and GS 143 Article 21A).
7. Fueling, lubrication and general equipment maintenance should not take place within) 50
feet of a waterbody.or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200,(3)(f)].
S. This certification .grants permission to the.director, an authorized representative of the
Director, or DBQ staff, upon the presentation of proper credentials, to enter the
property during normal business hom'15A:NCAC 02H.0502(e).
9. Certificate of Completion
Upon completion.of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and-an.y subsequent modifications, the applicant and/or .
authorized agent is required to return -.a completed certificate'of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center; Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ntdenr.brg/web/wcl/swp/ws/401/certsandpermits apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization*to-proceed with your proposed
impacts or to conduct; irripacts to waters as depicted in your application and as authorized. by
this Certification shall expire -upon expiration.of the 404 or CAMA Perm.it.-
This approval and its conditions are final and -binding unless contested.
This.Certificationcan b.e. contested as provided in Articles 3 and 4.of General. Statute 150E by
filing a written petition for an administrative hearing to.the Office. of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the QAH at
http:EWwW.-ncciah.com/-or by calling the OAH. CIerk's Office at. [phone] for information.
Within sixty (60) calendar days of receipt ofthis-notice, a- petition must be filed with the
OAH. A petition is considered.filed when the original and one (!)-copy along with any
applicable OAH.filing fee is recelved.in the OAH during normal office hours (Monday through
Friday between 5`:00 am and 5:00 pm, excluding official -state holidays)..

North Topsail Beach Shoreline Protection
DWR Permit # 2008-1764A
January 11, 2018
Page 4 of 4
The petition may be faxed to the OAH at [phone], provided the original and one -copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the. faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office or' Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petitlon must also. be served to DEQ:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 276994601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean.Water Act.. If you have any questions, please telephone Robb Mairs in the DWR Wilmington
Regional Office at 910.796.7215 or Robb. Mairs ncdenr. gov.
nce ely,
1
Morelia Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office,
Division- of Water Resources, NCDEQ
Enclosures: GC4097
ec: Mickey-Sugg = USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file-LF
.Heathbe-Coats*- DCM'Wilmington
Chris Gibson- TI Coastal Services, Inc:
WiRO

STATE OF NORTH CAROMINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT)
AND
® WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,
198700056,197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT
NUMBERS 3,12,13, 14,18, 27, 29, 33, 35, 39, AND 54
Water Quality- Certification Number 4097 is Issued in conformity with the requirements of
Section 401, Public Laws 92-500'and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in Regional. General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 Cl=R 300
Appendix ,A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the U5 Army Corps of Engineers
Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Effective date; March 19, 2017
Signed this day March 6, 2017
By
for S. Jay Zimmerman, P.G.
Director

GC4097
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) if any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for:
i) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500,
1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600;
ii) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into
existing bulkheads, land or other shoreline protection measures or do not extend
waterward of the normal high water line or normal water level more than 30 feet
provided that the activity will not involve the excavation or filling of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources as identified by the
Division of Marine Fisheries and impacts less than 500 square feet total of wetland,
with the exception that the excavation or filling of coastal wetlands (as defined in
15A NCAC 07H .0205) shall not exceed 100 square feet;
iv) Living shorelines/marsh sills, including activities authorized by CAMA General
Permit 2700, that do not extend waterward of the normal high water line or normal
water level more than 30 feet, the activity will not involve the excavation or fill of
any Submerged Aquatic- Vegetation (SAV) or significant shellfish resources, as
identified by the Division of Marine Fisheries,_ and do not result in any fill landward
of the toe of the sill alignment;
v) Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A
NCAC 02B.0225(7) & (8)) and where the water depth'is equal to or greater than two
feet of water at normal low water level or normal water level (whichever is
applicable);
vE) Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vii) . Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item v above;
viii) Utility lines, except wastewater lines and potable water discharge lines which are
subjectto an NPDE~S Permit, as long as all impacts are temporary;
ix) Upland development which involves no more than 1/10 of an acre of excavation or
filling of non -coastal wetlands, with the exception than no more than 2,000 square
feet of the non -coastal excavation or filling may take place within a Coastal
Shoreline Area of Environmental Concern (AFC). For the purposes of this area
calculation, the excavation or filling impacts of the entire project shall be
Page 2ofV .

considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
x) Single family home construction that results in fill of 404 jurisdictional wetlands as
long as written concurrence is not required from DWR for the applicable US Army
Corps of Engineers Nationwide Permit;
c) . Any stream relocation or stream restoration; or
d). Any impacts except shading to SAV or significant shellfish resources as identified .by the
Division of Marine Fisheries; or
e) Any impacts Unique Wetlands (UWL); or
f) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of NC Wetland Rules (15A,NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State
Regulated Riparian Buffer Rules (15A NCAC 0213.0200); or
g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico - River Basins (or any other basin or watershed
with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
i) The activities are listed as 'EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed above
do not require written approval.
1. ACTIVITY SPECIFIC CONDITIONS:
1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should
not be released into open shellfish waters. Shellfish Sanitation and -the Division of Water
Resources shall be notified if this is to occur. [15A NCAC 02B .0221)
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. -For road construction purposes, this Certification shall only be utilized from natural high
ground to natural -high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 3 of 12

CC4097
4. Deed notifications, or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be.staggered or overlapped or left open as long as the five-foot separation between sections
is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
installation. of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC
02H .0506(b)(4) and (c)(4)]
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries
Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission
(WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF)
personnel. [15A NCAC 02B .0221]
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDFS permit NCS000250 shall serve to satisfy this condition. For all other
projects that -disturb one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); have permanent
wetland, stream, or open water impacts; and are proposing new built -upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Stornnwater management shall be provided throughout the entire project area in
accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a),
density thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Projects that have vested rights, exemptions, or grandfathering from state or locally
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu
programs do not satisfy this condition,
c. Projects that require written authorization from DWR shall submit the following with
their application for review and approval:
Page 4 of 12

GC4O97
For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater program' or a state -approved local government stormwater programz
shall submit plans that show the location and approximate size of all proposed
stormwater measures;
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
ill. All other high density projects not covered above shall submit a completed SMP,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of
15A NCAC 02H .1003.
d. Projects that do not require written approval from DWR shall obtain approval of the SMP,
when required, before any impacts authorized by this Certification occur.
e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each. future
phase must be approved before construction of that phase commences. Approved SMPs
may., not be modified without prior written authorization from DWR.
11. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021
2. No waste,- spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval .
from DWR; or beyond the -thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authori2ation or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .02001
3. ln.accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre .of
wetlands. Impacts. to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
1 e.g. Coastal Counties, HQW, oRW, or state -implemented Phase li NPDES
Z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 5 of 12

GG4097
development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greaterthan 150 linear feet per stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
5. When applicable, all construction activities shah be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control.Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .02001
Design, installation, operation, • and maintenance of all_ sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOTSediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For barrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-ll, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A N CAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and ,05021
Page 6 of 12

=6 �
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B..0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
All moratoriums on construction activities established 'by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium_ A copy of the approval from the resource agency shall'be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened- species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS;
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
Page 7of12

GC4097
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2))
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate, Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and.aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
Page 8of12

GG4097
.12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. -Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and "surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .02311
14. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A
NCAC 02B .0200]
15. All proposed,and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts are
allowed beyond those included in the application and authorization, All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16, All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erasion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or
masonry material free of debris -or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
Page 9 of 12

GC4O97
19. Applications for rip -rap groins proposed in accordance -with 15A NCAC 07H .1401 (NC
Division of. Coastal Management General Permit for construction of Wooden and flip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 0213.0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other. required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct al1 activities in a Manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law, If DWR determines that such standards or laws are not being met, including
failure -to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
Page 10 of 12

26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.decl.nc.goy/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
27. Additional site -specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. f15A NCAC 02H .0507(c))
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502)
111. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water.. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal orthe date on which the, withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e))
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The condition$ in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when , deemed
appropriate by the Director of the Division of Water Resources.
Page 11 of 12-

GC4097
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
determined that'the project is likely to have a significant adverse effect upon water duality,
including state or federally listed endangered or threatened aquatic species, or degrade the
waters so that existing uses of the water or downstream waters are precluded.
7. Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note_ Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces
WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007;
WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000,
WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995.
Page 12 of 12

EXHIBIT f,
-f

is €a access and enjoy the bead is notrriizc€Icd auistde of the construction 3irriits
U.S. Army Corns of Engineers Conditions
Threatened`&=Endangered SpeciesConditions

the` or�gigal a„Permit No 79 10, which was issued E on
shalI:be xeadily avail6le on site when Division personnel inspect the project for compliance.

[Tawn
of Nor ih Topsail Beach Permit #79-10
Page 6 of 6
ADDITIONAL CONDITIONS
37) The permime andlor his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE. Th. o N.0 Division of Water Resources has assigned the pr posea project DWR Project Na.08

EXHIBIT E
(BIOLOGICAL OPINION

NORTH CAROLINA
STATEWIDE PROGRAMMATIC BIOLOGICAL OPINION
BEACH SAND PLACEMENT
EXECUTIVE SUMMARY
August 28, 2017
INTRODUCTION
A biological opinion (BO) is the document that states the opinion of the U.S. Fish and
Wildlife Service (Service) as to whether a federal action is likely to jeopardize the continued
existence of listed species or result in the destruction or adverse modification of designated
critical habitat. This BO addresses piping plover (Charadrius melodus melodus), red knot
(Calidris canutus rufa), seabeach amaranth (Amaranthus pumilus), and the loggerhead
(Caretta caretta), leatherback (Dermochelys coriacea), green (Chelonia mydas), hawksbill
(Eretmochelys imbricata), and Kemp's ridley sea turtles (Lepidochelys kempii). Designated
critical habitat for wintering piping plovers and terrestrial critical habitat for loggerhead sea
turtles is also addressed. The BO evaluates the effects of the Action along with those
resulting from interrelated and interdependent actions, and from non-federal actions
unrelated to the proposed Action (cumulative effects), relative to the status of the species and
the status of the critical habitat to arrive at a Service opinion that the proposed action is or
isn't likely to jeopardize species or adversely modify critical habitat. Jeopardize the
continued existence of means to engage in an action that reasonably would be expected,
directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery
of a listed species in the wild by reducing the reproduction, numbers, or distribution of that
species (50 CFR §402.02). Destruction or adverse modification of designated critical habitat
means a direct or indirect alteration that appreciably diminishes the value of critical habitat
for the conservation of a listed species. Such alterations may include, but are not limited to,
those that alter the physical or biological features essential to the conservation of a species or
that preclude or significantly delay development of such features (50 CFR §402,02).
DESCRIPTION OF THE PROPOSED ACTION
This is a Statewide Programmatic Biological Opinion (SPBO). The proposed action includes
all activities associated with the placement of compatible sediment on the oceanfront beaches
of North Carolina, encompassing the entire range of the South Atlantic Wilmington (SAW)
Corps Districts. This SPBO includes Corps Regulatory and Civil Works shore protection
activities. Corps Regulatory activities may include the involvement of other Federal
agencies, such as the Department of Defense (DoD), Bureau of Ocean Energy Management
(BOEM), and the Federal Emergency Management Agency (FEMA). The sand placement
activities covered in the SPBO encompass the following (when conducted between
November 16 and April 30):
1. Sand placement on the sandy beach or dune by any non-federal public or private
entity;
2. Sand placement as an associated authorization of sand extraction from the Outer
Continental Shelf (OCS) by BOEM; and

August 28, 2017
NC SPBO
Executive Summary
3. Sand placement funded or conducted by a Federal agency, such as Coastal Storm
Damage Reduction (CSDR) Projects, federal public assistance projects administered
by FEMA or other federal agencies, and beach disposal from Operations and
Maintenance (O&M) dredging of navigation channels (dredging is not included).
The history of shore protection activities in North Carolina is extensive and consists of a
myriad of actions performed by local, State, and Federal entities. Future beach placement
actions addressed in this SPBO may include maintenance of these existing projects or
beaches that have not experienced a history of beach placement activities.
The Service and National Oceanic and Atmospheric Administration's (NOAA) National
Marine Fisheries Service (NMFS) share Federal jurisdiction for sea turtles under the Act.
The Service has responsibility for sea turtles on the nesting beach. The Service and the
NMFS share Federal jurisdiction for sea turtles under the ESA. NMFS has jurisdiction for
sea turtles in the marine environment. This SPBO only addresses activities that may impact
nesting sea turtles, their nests and eggs, and hatchlings as they emerge from the nest and
crawl to the sea. NMFS will assess and consult with the Corps concerning potential impacts
to sea turtles in the marine environment, including updrift and downdrift nearshore areas
affected by sand placement projects on the beach.
Action Area
The Service has described the action area to include sandy oceanfront beaches of North
Carolina, The Programmatic Biological Assessment (PBA) defines currently managed
shorelines in North Carolina as those that include active projects and those that are under
study. The length of currently managed shoreline is 112 miles, but is anticipated to
eventually grow to 163 miles. Based on the current length of managed shoreline in North
Carolina, the BA anticipates that sand placement considered in this opinion will affect up to
25 miles of shoreline annually in North Carolina. However, after major storms, increases in
the annual length of sand placement are expected. In years following major storm events, the
BA states that a 250% increase in average annual sand placement can reasonably be
expected. Therefore, in post -storm years (declared disaster or Congressional Order); a
maximum length of annual sand placement is 62.5 miles (25 miles plus an additional 27.5
miles).
Conservation Measures: Corps Commitments as listed in the Final Programmatic
Biological Assessment
The following language from the PBA lists the Conservation Measures proposed by the
Corps. All sand placement projects would employ each of the following measures to reduce
impacts on listed species and critical habitats:
2

August 2B, 2017
NC SPBQ
Executive Summary
Piping Plover andRed Knot
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the majority of the piping plover breeding season, a portion of the
piping plover migration period, and the peak red knot migration period in NC.
2) As a means of minimizing the extent and/or duration of adverse effects on habitats and
benthic prey resources, all material placed on the beach and in associated dune systems
will consist of beach compatible sediment, Beach compatible material will consist of
sediments that are similar in composition, grain size distribution, and color to the native
sediments of the recipient beaches.
3) Construction staging areas and pipeline routes will be located to avoid high -value inlet
complex habitats for piping plovers and red knots to the maximum extent practicable.
4) Temporary storage areas for construction equipment and pipelines will be located off the
beach to the maximum extent practicable.
Sea Turtle'
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the sea turtle nesting and hatching season in NC.
2) All material placed on the beach and in associated dune systems will consist of beach
compatible sediment that is suitable for sea turtle nesting. Beach compatible material
will consist of sediments that are similar in composition, grain size distribution, and color
to the native sediments of the recipient beaches.
3) Immediately after construction and to the maximum extent practicable prior to 1 May,
surveys for escarpments will be conducted within the limits of construction areas.
Identified escarpments that that may interfere with sea turtle nesting (>18 inches in height
and �: 100 ft in length) will be leveled to the natural beach profile. If it is determined that
escarpment leveling is required during the nesting season, leveling activities would be
coordinated with the USFWS or NCWRC.
4) Immediately after construction and to the maximum extent practicable prior to 1 May, the
limits of construction areas will be evaluated for compaction in coordination with the
USFWS and NCWRC. If it is determined that tilling is required for sea turtle nesting
habitat suitability, the construction areas will be tilled to a depth of 3 6 inches. All tilling
activity shall be completed prior to 1 May to the maximum extent practicable. In the case
of projects that run until the 30 April nesting window cutoff, any tilling activities
required after 1 May would be coordinated with the USFWS or NCWRC.
5) Post -construction monitoring of sea turtle nesting activities will be conducted in sand
placement areas to assess effects on nesting. Monitoring will include daily surveys from I
May until 15 September. Nesting data will be included in annual monitoring reports to be
provided to the NCWRC.
3

August 28, 2017
NC SPBO
Executive Summary
Seabeach Amaranth
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the majority of the Seabeach amaranth growing season in NC.
INCIDENTAL TAKE STATEMENT
Section 9 of the ESA and Federal regulations pursuant to section 4(d) of the ESA prohibit the
take of endangered or threatened species, respectively, without special exemption. Take is
defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to
attempt to engage in any such conduct. Harm is further defined by the Service to include
significant habitat modification or degradation that results in death or injury to listed species
by significantly impairing essential behavioral patterns, including breeding, feeding, or
sheltering. Harass is defined by the ,Service as intentional or negligent actions that create the
lilcelihood of injury to listed species to such an extent as to significantly disrupt normal
behavior patterns which include, but are not Iirnited to, breeding, feeding, or sheltering.
Incidental take is defined as take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity, Under the terms of section 7(b)(4) and section 7(o)(2), taking that
is incidental to and not intended as part of the agency action is not considered to be
prohibited under the ESA, provided that such taking is in compliance with the terms and
conditions of this incidental take statement.
The measures described below in the Reasonable and Prudent Measures and Terms and
Conditions are non -discretionary, and must be implemented by the Corps so that they
become binding conditions of any funding action or any grant or permit issued to the
Applicant, as appropriate, for the exemption in section 7(o)(2) to apply. The Corps has a
continuing duty to regulate the activity covered by this incidental take statement. If the
Corps (1) fails to assume and implement the terms and conditions or (2) fails to require the
Applicant to adhere to the terms and conditions of the incidental take statement through
enforceable terms that are added to the permit or grant document, the protective coverage of
section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the Corps must
report the progress of the action and its impacts on the species to the Service as specified in
the incidental take statement [50 CFR §402.14(i)(3)1.
Sections 7(b)(4) and 7(o)(2) of the ESA generally do not apply to listed plant species.
However, limited protection of listed plants from take is provided to the extent that the ESA
prohibits the removal and reduction to possession of Federally listed endangered plants or the
malicious damage of such plants on areas under Federal jurisdiction, or the destruction of
endangered plants on non -Federal areas in violation of state law or regulation, or in the
course of any violation of a State criminal trespass law.
0

August 28, 2017
NC S PBO
Executive Summary
Amount or Extent of Take
The Service anticipates that no more than 25 miles of highly eroded shoreline along the
North Carolina coastline would receive sand placement per year during nonemergency years,
with a maximum of 62.5 miles of shoreline receiving sand during or following an emergency
event (declared disaster or Congressional Order) as a result of the Statewide Programmatic
action. This represents 8% of the entire North Carolina shoreline per year during a
nonemergency year, and 19% of the shoreline during an emergency year.
Therefore, directly and indirectly an unspecified number of piping plovers, red knots, and sea
turtles along this Iength of shoreline, all at some point, potentially usable by these species,
could be taken in the form of harm, harassment, and/or habitat loss as a result of this
proposed action.
Effect of the TaIce
The Service has determined that the level of anticipated take is not likely to result in jeopardy
to the Northern Great Plains, Great Lakes, or Atlantic Coast breeding populations of the
piping plover. The Service determined that the proposed activities are not likely to result in
adverse modification of wintering critical habitat for the piping plover. The Service has
determined that this level of anticipated take is not likely to result in jeopardy to the red knot
species, and the potential of the project to damage or destroy seabeach amaranth is not likely
to result in jeopardy to the seabeach amaranth species. The Service has determined that this
level of anticipated take is not likely to result in jeopardy to the loggerhead sea turtle, green
sea turtle, leatherback sea turtle, hawksbill sea turtle, and Kemp's ridley sea turtle species,
and the proposed activities are not Iikely to result in adverse modification of loggerhead
terrestrial critical habitat.
REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS
The Service believes the following reasonable and prudent measures (RPMs) are necessary
and appropriate to minimize take of piping plovers, red knots, seab each amaranth, and sea
turtles in the Action Area for the following sand placement activities:
A. Sand placement from beach nourishment activities; and
B. Sand placement from navigation channel maintenance.
If unable to comply with the RPMs and Terms and Conditions, the Corps, as the regulatory
authority or construction agent may:
5

August. 28, 2017
NC SPBO
Executive Summary
1. Inform the Service why the RPM or Terin and Condition is not reasonable and
prudent for the specific project or activity and request exception under the SPBO; or
2. Initiate consultation with the Service for the specific project or activity.
The Service may respond by either of the following:
1. Allowing an exception to the Terms and Conditions under the SPBO; or
2. Recommending or accepting initiation of consultation (if initiated by the Corps) for
the specific project or activity.
REASONABLE AND PRUDENT MEASURES for:
A. Projects that include sand placement from beach nourishment activities, primarily
for shore protection (these projects are usually larger scaled) shall include the following
measures:
Post -construction requirements are listed in Reasonable and Prudent Measures A.13, A.16,
A.17, A.18, A.19, and A.21. These post -construction requirements maybe subject to
congressional authorization and the allocation of funds. If the Corps or Permittee cannot
fulfill these Reasonable and Prudent Measures, the Corps must reinitiate consultation.
RPMs -- All Species
A. 1. Conservation Measures included in the Corps' Programmatic Biological Assessment
(PBA) that address protection of nesting sea turtles, piping plovers, red knots, and
seabeach amaranth shall be implemented in the Corps federally authorized project or
regulated activity. If a RPM and Term and Condition address the same requirement,
the requirements of the RPM and Term and Condition take precedence over the
Conservation Measure.
A.2. The Corps will notify the Service of the commencement of projects that utilize this
SPBO for the purposes of tracking incidental take of all species.
A.3. For the life of the project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 30).
A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible.
A.5. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.

August 28, 2017
NC SPBO
Executive Summary
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and
the NCWRC. Pipeline placement coordination may be accomplished through the
permit application or Corps' contract processes utilizing appropriate GIS tools.
A.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible.
AX A meeting between representatives of the Permittee or Corps, the Service, NCWRC,
and NCDCM, must be held prior to the commencement of work on each project.
A.9. The Corps shall facilitate an annual meeting with the Service to assess the
effectiveness of the protection and minimization measures outlined in this SPBO.
RPMs - Piping Plovers and Red Knots
A.10. All personnel involved in the construction or sand placement process along the
beach shall be aware of the potential presence of piping plovers and red knots.
Before start of work each morning, a visual survey must be conducted in the area of
work for that day, to determine if piping plovers and red knots are present.
A.11. Ifproject-related activities will potentially adversely affect nesting shorebirds or
active nesting habitat, the Corps or Permittee must coordinate with the Service and
NCWRC prior to proceeding. If the project is ongoing and shorebirds begin
territorial or other nesting behaviors within the project area, then the Corps or
Permittee must contact the Service and NCWRC as soon as possible.
A.12. If project activities will be conducted in Optimal Piping Plover Areas (defined in
Terms and Conditions A.13 and A.14), the Corps or the Permittee shall clearly
delineate work areas within the Optimal Piping Plover Area such as pipeline
corridors, travel corridors, and access points. Disturbance outside those delineated
work areas must be limited to the maximum extent possible, thereby minimizing
effects to sandy unvegetated habitat within the project footprint.
A.13. If project activities will be conducted in Optimal Piping Plover Areas (defined in
Term and ConditionsA.13 and A.14), the Corps, the Permittec, or the local sponsor
shall provide the mechanisms necessary to monitor impacts to the piping plovers
from the project for two years post -construction.
7

August 28, 2017
NC SPBO
Executive Summary
RPMs -- Loggerhead, Green, Leatherback, Hawksbill, and Kemp's Ridley Sea Turtles
A.14. Only beach quality sand suitable for sea turtle nesting, successful incubation, and
hatchling emergence (defined in Term and Condition A.18) shall be used for sand
placement.
A.15. During dredging operations, material placed on the beach shall be qualitatively
inspected daily to ensure compatibility. If the inspection process finds that a
significant amount of non -beach compatible material is on or has been placed on the
beach, all work shall stop immediately and the NCDCM and the Corps will be
notified by the Permittee or Corps to determine the appropriate plan of action.
A.16. Sea turtle nesting surveys must be conducted within the project area between May I
and November 15 of each year, for at least two consecutive nesting seasons after
completion, if the sand remains on the beach. Acquisition of readily available sea
turtle nesting data from qualified sources (volunteer organizations, other agencies,
etc.) is acceptable.
A.17. Visual surveys for escarpments along the Action Area must be made immediately
after completion of sand placements and within 30 days prior to May 1; for two
subsequent years after any construction or sand placement event.
A.18. Sand compaction must be qualitatively evaluated at least twice after each sand
placement event, Sand compaction must be inspected in the project area immediately
after completion of any sand placement event and one time after project completion
between October 1 and May 1.
A.19. A report describing the fate of observed sea turtle nests and hatchlings and any
actions taken, must be submitted to the Service following completion of work for
each year when a sand placement activity has occurred.
A.20. 1f a dune system is part of the project design, the placement and design of the dune
must be coordinated with the Service.
RPMs — Seabeach Amaranth
A.21. The Corps Civil Works Program shall continue its annual Seabeach amaranth
monitoring program.

r
August 28, 2017
NC SPBO
Executive Summary
TERMS AND CONDITIONS FOR:
A. Sand placement from beach nourishment activities
All conservation measures described in the Corps' Programmatic Biological Assessment are
hereby incorporated by reference as Terms and Conditions within this document pursuant to
50 CFR §402.14(I) with the addition of the following Terms and Conditions. In order to be
exempt from the prohibitions of section 9 of the Act, the Corps shall comply with the
following Terms and Conditions, which implement the Reasonable and Prudent Measures,
described above and outline reporting/monitoring requirements. These terms and conditions
are non -discretionary.
Post -construction requirements are listed in Terms and Conditions A.13, A.14, A.17, A.18,
A.19, A.20, A.22, A.23, A.24, A.25, and A.26. These post -construction requirements may be
subject to congressional authorization and the allocation of funds. If the Corps or Permittee
cannot fulfill these Terms and Conditions, the Corps must reinitiate consultation.
Terms and Conditions -- All ,Species
A.1. Conservation Measures included in the Corps' PBA that address protection of nesting
sea turtles, piping plover, red knot, and seabeach amaranth listed on pages 10-11 of
the SPBO shall be implemented in the Corps federally authorized project or regulated
activity.
A.2. The Corps or the Permittee must provide the following information to the Service at
least 10 business days prior to the commencement of work:
a) Project location (include latitude and longitude coordinates, as well as mile
markers, cross streets, or street addresses if available);
b) .Project description (including linear feet of beach, actual till template, access
points, and borrow areas); and
c) Anticipated date of commencement and anticipated duration of construction.
A.3. For the life of the permit/project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 3 0), unless a
variance is approved after additional consultation with the Service.
A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible. If debris removal
activities take place during shorebird breeding season (April 1—August 31), the work
shall be conducted during daylight hours only.
0

August 28, 2017
NC SPBO
Executive Summary
A.5. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service; and
the NCWRC. This may be accomplished through the permit application or Corps'
contract processes utilizing appropriate G1S tools.
A.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible..,... , .
A.$. A meeting between representatives of the contractor(s), the Corps, the Service, the
NCWRC, and NCDCM, must be held prior to the commencement of work. Advance
notice (of at least 5 business days) must be provided prior to conducting this meeting.
The meeting will provide an opportunity for explanation and/or clarification of the
Conservation Measures and Terms and Conditions, and will include the following:
a) Staging locations, and storing of equipment, including fuel stations;
b) Coordination with the surveyors on required species surveys;
c) Pipeline placement;
d) Minimization of driving within and around the Action Area;
e) Follow up coordination during construction and post construction;
f) Direction of the work including progression of sand placement along the
beach;
g) Plans for compaction monitoring;
h) Plans for escarpment surveys and
i) Names and qualifications of personnel involved in any required species
surveys.
A.9. Following the preconstruction meeting, the Corps shall provide the Service with
specific anticipated shoreline lengths and anticipated duration of the project, using the
form on the following web link:
<https://www.fws. gov/northfloiida/ScaTurtles/Does/Corp%20of%2OEngincers%20S
ea%20Turtle%2OPermit%201nfonnation.pdf>. Only the following information
should be filled out: Corps permit number, FWS Log Number, Project Location,
Construction Activity, Duration of Project, and Actual Take (linear feet of beach).
This form shall be emailed to the Service at <[e-mail]>. The form should
be filled out using information from the permit application or authorization. This
form is in addition to the annual report, listed below.
A.10. The Corps shall meet with the Service, NCDCM, and NCWRC (and cooperating
agencies such as BOEM, as appropriate) annually to discuss the effectiveness of the
avoidance measures and additional measures to include for future projects. The
10

August 28, 2017
NC SPBO
Executive Summary
agencies will also review the projects utilizing this SPBO the previous year to ensur&
that the reporting requirements for calculating the extent of take are adequate. This
meeting will also explore:
a) The possibility of using dredged materials to enhance potential or existing
piping plover habitat within and adjacent to the project area;
b) Methods for funding beneficial use opportunities for dredged materials that
are not least -cost disposal to benefit piping plovers and their habitat;
c) The development of share protection design guidelines that can be utilized
during future project planning to protect and/or enhance piping plover habitat;
and
d) Incorporating artificial lagoons or ephemeral pools into project designs
adjacent to inlets where sand placement is proposed.
Terms and Conditions — Piping Plovers and Red Knots
A.11. All personnel involved in the construction or sand placement process along the beach
shall be aware of the potential presence of piping plovers and red knots. Before start
of work each morning, a visual survey must be conducted in the area of work for that
day, to determine if piping plovers and red knots are present. If shorebirds are
present in the work area, careful movement of equipment in the early morning hours
should allow those individuals to move out of the area. Construction operations shall
be carried out at all times in a manner as to avoid negatively impacting shorebirds and
allowing them to exit the area.
A.12. If project -related activities will potentially adversely affect nesting shorebirds or
active nesting habitat, the Corps or Permittee must coordinate with the Service and
NCWRC prior to proceeding. If the project is ongoing and shorebirds begin
territorial or other nesting behaviors within the project area, then the Corps or
Permittee must contact the Service and NCWRC as soon as possible.
A.13. If project activities will be conducted in Optimal Piping Plover Areas, piping plover
habitat (sandy unvegetated habitat) within the Optimal Piping Plover Area shall be
avoided to the maximum extent practicable when staging equipment, establishing
travel corridors, and aligning pipeline. The Corps or the Permittee, to the maximum
extent practicable, shall clearly delineate work areas within the Optimal Piping Plover
Area such as pipeline corridors, travel corridors, and access points. Disturbance
outside those delineated work areas must be limited, thereby minimizing effects to
sandy unvegetated habitat. Driving on the beach for construction shall be limited to
the minimum necessary within the designated travel corridor. The delineation of
work corridors and work areas in authorized project plans will be sufficient to meet
this term and condition.
Optimal Piping Plover Areas are defined as having documented use by piping
plovers, and they include coastal habitat features that function mostly unimpeded.
11

August 28, 2017
NC SPBO
Executive Summary
Optimal Piping Plover Areas include:
a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes
are allowed to function, mostly unimpeded*, that have any of the following
features in the Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.
[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded,
generally does not include public lands that are solely state-owned water bottoms,
street ends, parking lots, piers, beach accesses, heavily -developed or highly -
manipulated parks, or shoreline developed for commercial or residential purposes. It
generally does include public lands consisting of undeveloped parks, preserves, and
other natural undeveloped shoreline and dunes.]
A.14. If project related activities will be conducted in Optimal Piping Plover Areas, then the
piping plover and red knot survey protocol in Appendix D must be followed. Two
full years of post -construction monitoring is required. Optimal Piping Plover Areas
include:
a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes
are allowed to function, mostly unimpeded*, that have any of the following
features in the Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.
[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded,
generally does not include public lands that are solely state-owned water bottoms,
street ends, parking lots, piers, beach accesses, heavily -developed or highly -
manipulated parks, or shoreline developed for commercial or residential purposes. It
generally does include public lands consisting of undeveloped parks, preserves, and
other natural undeveloped shoreline and dunes.]
12

August 28, 2017
NC SPBO
Executive Summary
Terms and Conditions — Sea 'Turtles
A.15. Only beach compatible fill shall be placed on the beach or in any associated dune
system. Beach compatible fill must be sand that is similar to a native beach in the
vicinity of the site that has not been affected by prior sand placement activity. Beach
compatible fill must be sand comprised solely of natural sediment and shell material,
containing no construction debris, toxic material, large amounts of rock, or other
foreign matter. The beach compatible fill must be similar in both color and grain size
distribution (sand grain frequency, mean and median grain size and sorting
coefficient) to the native material in the Action Area. Beach compatible fill is
material that maintains the general character and functionality of the material
occurring on the beach and in the adjacent dune and coastal system. In general, fill
material that meets the requirements of the most recent version of the North Carolina
Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered
compatible.
A.16. During dredging operations, material placed on the beach shall be qualitatively
inspected daily to ensure compatibility. If the inspection process finds that a
significant amount of non -beach compatible material is on or has been placed on the
beach, all work shall stop immediately, and the NCDCM, Corps, and BOEM (as
appropriate) will be notified by the permittee and/or its contractors to determine the
appropriate plan of action. Required actions may include immediate removal of
material anal/or long-term remediation activities.
A.17. Daily sea turtle nesting surveys must be conducted within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons
after completion of sand placement (2 years post -construction monitoring).
Acquisition of readily available sea turtle nesting data from qualified sources
(volunteer organizations, other agencies, etc.) is acceptable. However, in the event
that data from other sources cannot be acquired, the Corps or permittee will be
responsible to collect the data. Data collected for each nest should include, at a
minimum, the information in the table, below. This information will be provided to
the Service in the annual report, and will be used to periodically assess the cumulative
effects of these projects on sea turtle nesting and hatchling production and monitor
suitability of post construction beaches for nesting. Please see REPORTING
REQUIREMENTS, below.
13

August 28, 2017
NC SPBO
Executive Summary
Parameter
Measurement
Variable
Number of
Visual
Number/location of false crawls in nourished areas; any
False
Assessment of
interaction of turtles with obstructions, such as sand bags or
Crawls
all false crawls
scarps, should be noted.
False
Categorization
Number in each of the following categories:
Crawl Type
of the stage at
a) Emergence - no digging;
which nesting
b) Preliminary body pit;
was abandoned
c) Abandoned egg chamber.
Nests
Number
The number of sea turtle nests in nourished areas should be
noted. If possible, the location of all sea turtle nests should
be marked on a project map, and approximate distance to
scarps or sandbags measured in meters. Any abnormal
cavity morphologies should be reported as well as whether
turtle touched sandbags or scarps during nest excavation.
Nests
Lost Nests
The number of nests lost to inundation or erosion or the
number with lost markers.
Nests
Relocated nests
The number of nests relocated and a map of the relocation
area(s). The number of successfully hatched eggs per
relocated nest.
Lighting
Disoriented sea
The number of disoriented hatchlings and adults.
Impacts
turtles
A. 18. Visual surveys for escarpments along the Action Area must be made immediately
after completion of sand placement, and within 30 days prior to May 1, for two
subsequent years after any construction or sand placement event. Escarpments that
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of
100 feet must be leveled and the beach profile must be reconfigured to minimize
scarp formation by the dates listed above, Any escarpment removal must be reported
by location. The Service must be contacted immediately if subsequent reformation of
escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for
a distance of 100 feet occurs during the nesting and hatching season to determine the
appropriate action to be taken. If it is determined that escarpment leveling is required
during the nesting or hatching season, the Service or NCWRC will provide a brief
written authorization within 30 days that describes methods to be used to reduce the
likelihood of impacting existing nests. An annual summary of escarpment surveys
and actions taken must be submitted to the Service.
14

Auguste 28, 2017
NC SPBO
Executive Summary
A.19. Sand compaction must be qualitatively evaluated at Ieast twice after each sand
placement event, once in the project area immediately after completion of any salad
placement event and once after project completion between October 1 and May 1.
Compaction monitoring and remediation are not required if the placed material no
longer remains on the beach. Within 14 days of completion of sand placement and
prior to any tilling (if needed), a field meeting shall be held with the Service,
NCWRC, and the Corps to inspect the project area for compaction and determine
whether tilling is needed.
a) If tilling is needed for sand suitability, the area must be tilled to a depth of 36
inches. All tilling activities shall be completed prior to May 1 of any year.
b) Tilling must occur landward of the wrack line and avoid all vegetated areas that
are 3 square feet or greater, with a 3-foot buffer around all vegetation.
c) If tilling occurs during the shorebird nesting season or seabeach amaranth
growing season (after April 1), shorebird surveys and/or seabeach amaranth
surveys are required prior to tilling.
d) A summary of the compaction assessments and the actions taken shall be
included in the annual report to NCDCM, the Corps, and the Service.
e) These conditions will be evaluated and may be modified if necessary to address
and identify sand compaction problems.
A.20. A report describing the fate of observed sea turtle nests and hatchlings and any
actions taken, must be submitted to the Service following completion of the proposed
work for each year when a sand placement activity has occurred. Please see
REPORTING REQUIREMENTS, below.
A.21. If a dune system is part of the project design, the placement and design of the dune
must be coordinated with the Service.
Terms and Conditions --- Seabeach Amaranth
A.22. The Corps Civil Works Program shall continue its annual seabeach amaranth
monitoring program in accordance with April 19, 1993 Biological Opinion for
various U.S. Army Corps of Engineers' projects and Terms and Conditions A.23 to
A,26, below..
A.23_ The Corps should survey beach sand placement areas for at least five years following
each placement event, to determine the status of the seabeach amaranth populations in
the project areas and the effects that beach disposal has on this species. Surveys
should be conducted in August or September so that the number of plants reaching
reproductive age can be determined.
A.24. Suitable habitat along shoreline reaches that have received sand within the previous
five years should be surveyed for the occurrence of seabeach amaranth.
15

August 28, 2017
NC SPBO
Executive Summary
Documentation for each seabeach amaranth plant should include location (using a
handheld GPS unit), unique features, abnormalities, or other relevant information. If
multiple plants are observed in an area, a single representative GPS point may be
logged with accompanying notes describing total plants associated with that point.
A.25. A Corps report describing the seabeach amaranth survey and results should be
submitted to Service, the North Carolina Natural Heritage Program, and the North
Carolina Plant Conservation Program, by December 31 of each year. The report
should include a map showing locations of seabeach amaranth populations and the
numbers of plants, with separate figures for those in flower or fruit, found in the sand
placement areas.
A.26. If tilling of the beach is required due to high compaction levels resulting from beach
disposal, surveys should be conducted in advance of the tilling for seabeach amaranth
(see sea turtle section - Reasonable and Prudent Measures). No tilling should be
conducted in the immediate areas where seabeach amaranth plants are growing.
REASONABLE AND PRUDENT MEASURES for:
B. Projects that are navigation maintenance dredging with beach placement shall
include the following measures:
Historically, sand placement events associated with navigation maintenance dredging
projects have no local sponsor, are smaller -scaled, conducted at closer time intervals, and the
sand often does not remain on the beach for an extended period of time.
Post -construction requirements are listed in Reasonable and Prudent Measures B.11, B.12,
B.13, B.15, and B.16. These post -construction requirements maybe subject to congressional
authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Terms
and Conditions, the Corps must reinitiate consultation.
B.1. Conservation Measures included in the Corps' PBA that address protection of piping
plovers, red knots, nesting sea turtles, and seabeach amaranth shall be implemented in
the Corps' federally authorized project or regulated activity.
B.2. The Corps will notify the Service of the commencement of projects that utilize this
SPI30 for the purposes of tracking incidental take of all species.
B.3. For the life of the project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 30).
BA. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible.
16

August 28, 2017
NC SPBO
Executive Summary
B.S. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.
B.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and
the NCWRC.
13.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible.
B.S. Beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence shall be used for sand placement.
B.9. A meeting between representatives of the Corps, Service, NCWRC, and NCDCM
shall be held prior to the commencement of work on this project.
13.10. During dredging operations, material placed on the beach shall be inspected daily to
ensure compatibility. If the inspection process finds that non -beach compatible
material, including large amounts of shell or rock, is or has been placed on the beach,
all work shall stop immediately and the NCDCM and the Corps will be notified by
the permittee and/or its contractors to determine the appropriate plan of action.
13,11. For navigation projects with placement of at least 200,000 cubic yards of sand on the
beach, sea turtle nesting surveys must be conducted within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons
after completion, if the sand remains on the beach. Acquisition of readily available
sea turtle nesting data from qualified sources (volunteer organization, other agencies,
etc.) is acceptable.
B,12. Sand compaction shall be monitored and tilling shall be conducted if needed to
reduce the likelihood of impacting sea turtle nesting and hatching activities.
B.13. Escarpment formation shall be monitored and leveling shall be conducted if needed to
reduce the likelihood of impacting nesting and hatchling sea turtles.
B.14. Construction equipment and materials shall be stored in a manner that will minimize
impacts to piping plovers, red knots, and nesting shorebirds.
13.15. A report describing the actions taken shall be submitted to the Service work for each
year when the activity has occurred.
17

August 28, 2017
NC SPBO
Executive Summary
B.16. The Corps Civil Works Program. shall continue its annual scab each amaranth
monitoring program.
TERMS AND CONDITIONS for:
B. Projects that are navigation maintenance dredging with beach placement, or Corps
civil works project shall include the following measures:
Historically, sand placement events associated with navigation maintenance dredging
projects have no local sponsor, are smaller -scaled, conducted at closer time intervals, and the
sand often does not remain on the beach for an extended period of time.
All conservation measures described in the Corps' Programmatic Biological Assessment are
hereby incorporated by reference as Terms and Conditions within this document pursuant to
50 CFR §402.14(I) with the addition of the following Terms and Conditions. In order to be
exempt from the prohibitions of section 9 of the Act, the Corps shall comply with the
following Terms and Conditions, which implement the Reasonable and Prudent Measures,
described above and outline reporting/monitoring requirements. These terms and conditions
are non -discretionary.
Post -construction requirements are listed in Terms and Conditions B.11, B.12, B.13, B.15,
B.16, B.17, B.18, and B.19. These post -construction requirements may be subject to
congressional authorization and the allocation of funds. If the Corps or Permittee cannot
fulfill these Terms and Conditions, the Corps must reinitiate consultation.
B.1. Conservation Measures included in the Corps' PBA that address protection of nesting
sea turtles, piping plover, red knot, and seabeach amaranth listed on pages 10-11 of
the SPBO shall be implemented in the Corps federally authorized project or regulated
activity.
B.2. The Corps or the Permittee must provide the following information to the Service at
least 10 business days prior to the commencement of work:
a) Project location (include latitude and longitude coordinates, as well as mile
markers, cross streets, or street addresses if available);
b) Project description (including linear feet of beach, actual fill template, access
points, and borrow areas);
c) Anticipated date of commencement and anticipated duration of construction
B.3. For the life of the permit/project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 30), unless allowed
after additional consultation with the Service.

August 28, 2017
NC SPBO
Executive Summary
B.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible. If debris removal
activities take place during shorebird breeding season (April 1— August 31), the work
shall be conducted during daylight hours only.
B.S. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.
B.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and
the NCWRC.
B.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible.
B.8. Only beach compatible fill shall be placed on the beach or in any associated dune
system. Beach compatible fill must be sand that is similar to a native beach in the
vicinity of the site that has not been affected by prior sand placement activity. Beach
compatible fill must be sand comprised solely of natural sediment and shell material,
containing no construction debris, toxic material, large amounts of rock, or other
foreign matter. The beach compatible fill must be similar in both color and grain size
distribution (sand grain frequency, mean and median grain size and sorting
coefficient) to the native material in the Action Area. Beach compatible fill is
material that maintains the general character and functionality of the material
occurring on the beach and in the adjacent dune and coastal system. In general, fill
material that meets the requirements of the most recent version of the North Carolina
Technical Standards for Beach Fill (I SA NCAC 07H .0312) is considered
compatible.
B.9. The Service must be invited to any pre -construction meetings held prior to the
commencement of work. Advance notice (of at least 5 business days) must be
provided prior to conducting this meeting. The meeting will provide an opportunity
for explanation and/or clarification of the Conservation Measures and Terns and
Conditions, and will include the following:
a) Staging locations, storing equipment including fuel stations;
b) Coordination with the surveyors on required species surveys;
c) Pipeline placement (between 5 to 10 feet from dune);
d) ' Minimizing driving;
e) Follow up coordination during construction and post construction;
f) Direction of the project including progression of sand placement along the
beach;
g) Plans for compaction monitoring;
19

August 28, 2017
NC S PBO
Executive Summary
h) Plans for escarpment surveys; and
i) Names and qualifications of personnel involved in any required surveys,
B.10. During dredging operations, material placed on the beach shall be inspected daily to
ensure compatibility. If the inspection process finds that non -beach compatible
material, including large amounts of shell or rock exceeding the state sediment
criteria (15A NCAC 07H .0312), is or has been placed on the beach, all work shall
stop immediately, and the NCDCM and the Corps will be notified by the permittee
and/or its contractors to determine the appropriate plan of action.
B.11. For navigation projects with placement of at least 200,000 cubic yards of sand on the
beach, sea turtle nesting surveys must be conducted within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons
after completion of sand placement (2 years post -construction monitoring).
Acquisition of readily available sea turtle nesting data from qualified sources
(volunteer organizations, other agencies, etc.) is acceptable. Data collected for each
nest should include, at a minimum, the information in the table, below. This
information will be provided to the Raleigh Field Office in the annual report, and will
be used to periodically assess the cumulative effects of these projects on sea turtle
nesting and hatchling production and monitor suitability of post construction beaches
for nesting. Please see REPORTING REQUIREMENTS, below.
Parameter
Measurement
Variable
Number of
Visual
Number/location of false crawls in nourished areas; any
False
Assessment of
interaction of turtles with obstructions, such as sand bags or
Crawls
all false crawls
scarps, should be noted.
False
Categorization
Number in each of the following categories:
Crawl Type
of the stage at
a) Emergence - no digging;
which nesting
b) Preliminary body pit;
was abandoned
c) Abandoned egg chamber,
Nests
Number
The number of sea turtle nests in nourished areas should be
noted. If possible, the location of all sea turtle nests should
be marked on a project map, and approximate distance to
scarps or sandbags measured in meters. Any abnormal
cavity morphologies should be reported as well as whether
turtle touched sandbags or scarps during nest excavation.
20

August 28, 2017
NC SPBO
ExecutiVe Summary
Nests
Lost Nests
The number of nests lost to inundation or erosion or the
number with lost markers.
Nests
Relocated nests
The number of nests relocated and a map of the relocation
area(s). The number of successfully hatched eggs per
relocated nest.
Lighting
Disoriented sea
The number of disoriented hatchlings and adults.
Impacts
turtles
B.12. Sand compaction must be qualitatively evaluated at least twice after each sand
placement event, once in the project area immediately after completion of any sand
placement event and once after project completion between October 1 and May 1.
Compaction monitoring and remediation are not required if the placed material no
longer remains on the beach. Within 14 days of completion of sand placement and
prior to any tilling (if needed), a field meeting shall be held with the Service,
NCWRC, and the Corps to inspect the project area for compaction and determine
whether tilling is needed.
a) If tilling is needed for sand suitability, the area must be tilled to a depth of 36
inches. All tilling activities shall be completed prior to May 1 of any year.
b) Tilling must occur Iandward of the wrack line and avoid all vegetated areas that
are 3 square feet or greater, with a 3-foot buffer around all vegetation.
c) If tilling occurs during the shorebird nesting season or seabeach amaranth
growing season (after April 1), shorebird surveys and/or seabeach amaranth
surveys are required prior to tilling.
d) A summary of the compaction assessments and the actions taken shall be
included in the annual report to NCDCM, the Corps, and the Service.
e) These conditions will be evaluated and may be modified if necessary to
address and identify sand compaction problems.
B.13. Visual surveys for escarpments along the Action Area must be made immediately
after completion of sand placement, and within 30 days prior to May 1, for two
subsequent years after any construction or sand placement event. Escarpments that
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of
100 feet must be leveled and the beach profile must be reconfigured to minimize
scarp formation by the dates listed above. Any escarpment removal must be reported
by location. The Service must be contacted immediately if subsequent reformation of
escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for
a distance of 100 feet occurs during the nesting and hatching season to determine the
appropriate action to be taken. If it is determined that escarpment leveling is required
during the nesting or hatching season, the Service or NCWRC will provide a brief
written authorization within 30 days that describes methods to be used to reduce the
21

August 28, 201V
NC SPBO
Executive Summary
likelihood of impacting existing nests. An annual summary of escarpment surveys
and actions taken must be submitted to the Service.
B.14. Piping plover habitat (sandy unvegetated habitat along inlet shoulders) shall be
avoided to the maximum extent practicable when staging equipment, establishing
travel corridors, and aligning pipeline.
B.1 S. A report describing the fate of observed sea turtle nests and hatchlings and any
actions taken, must be submitted to the Service following completion of the proposed
work for each year when a sand placement activity has occurred. Please see
REPORTING REQUIREMENTS, below.
B.16. The Corps' annual seabeach amaranth monitoring program shall continue in
accordance with April 19, 1993 Biological Opinion for various U.S. Army Corps of
Engineers' projects.
B.11. The Corps should survey beach sand placement areas for at least five years following
each placement event, to determine the status of the seabeach amaranth populations in
the project areas and the effects that beach disposal has on this species. Surveys
should be conducted in August or September so that the number of plants reaching
reproductive age can be determined.
B.18. Suitable habitat along shoreline reaches that have received sand within the previous
five years should be surveyed for the occurrence of seabeach amaranth.
Documentation for each seabeach amaranth plant should include location (using a
handheld GPS unit), unique features, abnormalities, or other relevant information. If
multiple plants are observed in an area, a single representative GPS point may be
logged with accompanying notes describing total plants associated with that point.
B.19. A Corps report describing the seabeach amaranth survey and results should be
submitted to Service, the North Carolina Natural Heritage Program, and the North
Carolina Plant Conservation Program, by December 31 of each year. The report
should include a map showing locations of seabeach amaranth populations and the
numbers of plants, with separate figures for those in flower or fruit, found in the sand
placement areas,
REPORTING REQUIREMENTS
An annual report detailing the monitoring and survey data collected during the preceding
year (required in the above Terms and Conditions) and summarizing all piping plover, red
knot, shorebird, and sea turtle data must be provided to the Service's Raleigh Field Office by
January 31 of each year for review and comment. In addition, any information or data
related to a conservation measure or recommendation that is implemented should be included
22

August 28, 2017
NC SPBO
Executive Summary
in the annual report. As in the past, the Corps should submit a separate annual monitoring
report detailing seabeach amaranth monitoring and survey data for the preceding year. The
contact for these reporting requirements is:
Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
Upon locating a dead, injured, or sick individual of an endangered or threatened species,
initial notification must be made to the Service's Law Enforcement Office below. Additional
notification must be made to the Raleigh Ecological Services Field Office identified above
and to the NCWRC at (252) 241 -7367. Care should be taken in handling sick or injured
individuals and in the preservation of specimens in the best possible state for later analysis of
cause of death or in'wy.
Jason Keith
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
[phone], extension 34
COORDINATION OF INCIDENTAL TAICE STATEMENT WITH OTHER
LAWS, REGULATIONS, AND POLICIES
The Service will not refer the incidental take of any migratory bird for prosecution under the
Migratory Bird Treaty Act of 1918, as amended (16 USC S 703-712), if such take is in
compliance with the terms and conditions specified herein. Take resulting from activities
that are not in conformance with the Corps permit or this biological opinion (e.g. deliberate
harassment of wildlife, etc.) are not considered part of the proposed action and are not
covered by this incidental take statement and may be subject to enforcement action against
the individual responsible for the act.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the ESA directs Federal agencies to utilize their authorities to further the
purposes of the ESA by carrying out conservation programs for the benefit of endangered
and threatened species. Conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information.
23

August 28, 2017
NC SPBO
Executive Summary
The Service recommends the following Conservation Actions:
1. Construction activities for these projects and similar future projects should be planned
to tape place outside the shorebird nesting season (Prior to March 30).
2. The Permittee or the Corps should maintain suitable piping plover migrating and
wintering habitat. Natural accretion at inlets should be allowed to remain. Accreting
sand spits on barrier islands provide excellent foraging habitat for migrating and
wintering plovers,
3. The Service encourages the Corps to work with local sponsors and/or applicants and
permittees to develop local beach management plans that include protections for sea
turtles, seabeach amaranth, piping plovers, red knots, and other shorebirds.
4. A conseivation/education display sign at beach access points would be helpful in
educating local beach users about the coastal beach ecosystem and associated rare
species, including sea turtles, seabeach amaranth, piping plover, and red knot. The
sign could highlight each species life history and basic biology and ways
recreationists can assist in species protection efforts (e.g., keeping pets on a leash,
removing trash to sealed refuse containers, etc.). The Service would be willing to
assist the Corps or the Pennittee in the development of such a sign, in cooperation
with NCWRC.
5. The Service encourages continued investigation into opportunities for increasing
monitoring for Civil Works operations and maintenance projects, including the
potential development of a piping plover and red knot survey fund to assist in the
management and monitoring of shorebirds in Optimal Piping Plover Areas.
6. If public driving is allowed on the project beach, and if the Corps has the authority,
we recommend it exercise its discretionary authority to require the local sponsor or
Permittee to have authorization fiom the Service for incidental take of piping plover,
red knot, sea turtles, including nests and hatchlings (as appropriate), due to such
driving or provide written documentation from the Service that no incidental take
authorization is required. If required, the incidental take authorization for driving on
the beach should be obtained prior to any subsequent sand placement events.
7. If the project area is within a local municipality that has not adopted a Ighting
ordinance, and lighting is shown to be an issue on a nourished beach, and if the Corps
has the authority, we recommend it exercise its discretionary authority to require an
ordinance be adopted prior to any subsequent sand placement event.
24

Auqust 28, 2017
NC SPBO
Executive Summary
8. If the Corps has the authority, we recommend it exercise its discretionary authority to
require that leash -laws and predator control programs (including education of pet
owners and cat colony supporters) be implemented,
9. The Corps should work with local municipalities to identify and eradicate beach
vitex, an invasive species. Beach vitex populations have been known to impact
nesting sea turtles and shorebirds.
In order for the Service to be kept informed of actions minimizing or avoiding adverse
effects or benefitting listed species or their habitats, the Service requests notification of the
implementation of any conservation recommendations.
REINITIATION NOTICE -- CLOSING STATEMENT
This concludes formal consultation on the action outlined in the request, As provided in 50
CFR §402.16, reinitiation of formal consultation is required where discretionary Federal
agency involvement or control over the action has been retained (or is authorized by law) and
-if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals
effects of the Corps' action that may affect listed species or critical habitat in a manner or to
an extent not considered in this opinion or the project has not been completed within five
years of the issuance of this biological opinion; (3) the Corps' action is subsequently
modified in a manner that causes an effect to the listed species or critical habitat not
considered in this opinion; or (4) a new species is listed or critical habitat designated that
may be affected by the action. In instances where the amount or extent of incidental take is
exceeded, any operations causing such take must cease pending reinitiation.
25

August 28, 2C17
NC SPBO
Executive Summary
APPENDIX B
North Carolina Critical Habitat Units
Piping Plover Wintering Critical Habitat
Critical habitat may be viewed at the following web site. An online map is available for
viewing, as well as dowloadable GIS shapefiles and
metadata: https://ecos.fws.gov/eep/report/table/critical-habitat.html
Critical Habitat for the Wintering
Population of the Piping Plover.
Eodle
nd
Atlantic Ocean
Oregon Inlet
Fishing Center
NC-1
Oregon Inlet
Pamllca Sound
�?�
NC-12 a
MarkeMBD
0 1 2
Miles
0 12 a 4
kGlomelers
North Carolina Unit: i
Unit NC-1 (Oregon Inlet): This unit extends from the southern portion of Bodie Island
through Oregon Inlet to the northern portion of Pea Island. It begins at Ramp 4 near the
Oregon Inlet Fishing Center on Bodie Island and extends approximately 4.7 mi (7.6 km)
south to the intersection of NC Highway 12 and Salt Flats Wildlife Trail (near Mile Marker
30, NC Highway 12), approximately 2.9 mi (4.8 I'm) from the groin, on Pea Island. The unit
is bounded by the Atlantic Ocean on the east and Pamlico Sound on the west and includes
lands from the MLLW (mean lower low water) on the Atlantic Ocean shoreline to the line of
stable, densely vegetated dune habitat (which is not used by piping plovers and where PCEs
do not occur) and from the MLLW on the Pamlico Sound side to the line of stable, densely
26

M
August 28, 2017
NC SPBO
Executive Summary
vegetated habitat, or (where a line of stable, densely vegetated dune habitat does not exist)
lands from MLLW on the Atlantic Ocean shoreline to the MLLW on the Pamlico Sound side.
Any emergent sandbars south and west of Oregon Inlet, including Green Island and lands
owned by the State of North Carolina, such as island DR 00505 and DR 005— 06, are
included (not shown on map). This unit does not include the Oregon Inlet Fishing Center,
NC Highway 12 and the Bonner Bridge or its associated structures, the terminal groin, or the
historic Pea Island Life -Saving Station, or any of their ancillary facilities (e.g,, parking lots,
out buildings).
Critical Habitat for the Wintering
Population of the Piping Plover.
��Hyde ❑esignated NC-3
(66 C=R 36039) SUXtOH
Pamlico Sound
Hatteras Inlet
Ocracoke idle NC-2
NC-4
NC-5 Atlantic Ocean
Designated NG-6
(6B FR 36038) 0 5 10 20
i4lfltas
0 4 8 16 24 32
Kilometers
North Carolina
Legend
ao@Ap ® Wmterhg P)plrq Plover Cdt(col Habitat Units
North Carolina Units: 2, 3, 4, 5, & 6
Unit NC-2 (Cape Hatteras Point): This unit is entirely within Cape Hatteras National
Seashore and encompasses the point of Cape Hatteras (Cape Point). The unit extends south
approximately 4.5 km (2.8 miles) from the ocean groin near the old location of the Cape
27

August 28, 2017
NC SPBO
Executive Surinary
Hatteras Lighthouse to the point of Cape Hatteras, and then extends west T6 km (4.7 miles)
(straight-line distances) along Hatteras Cove shoreline(South Beach) to the edge of Ramp 49
near the Frisco Campground. The unit includes lands from the MLLW on the Atlantic Ocean
to the line of stable, densely vegetated dune habitat (which is not used by the piping plover
and where PCEs do not occur). This unit does not include the ocean groin.
Unit NC-3 (Clam Shoals): The entire unit is owned by the State. This unit includes several
island s in Pamlico Sounds known as Bird Islands. This unit includes lands on all islands to
the MLLW.
Unit NC-4 (Hatteras Inlet): This unit extends from. the western end of Hatteras Island to the
eastern end of Ocracoke Island. The unit extends approximately 7.6 km (4.7 mi) southwest
from the first beach access point at the edge of Ramp 55 at the end of NC Highway 12 near
the Graveyard of the Atlantic Museum on the western end of Hatteras Island to the edge of
the beach access at the ocean -side parking lot (approximately 0.1 mi south of Ramp 59) on
NC Highway 12, approximately 1.251cm (0.78 mi) southwest (straightline distance) of the
ferry terminal on the' northeastern end of Ocracoke Island. The unit includes lands from the
MLLW on the Atlantic Ocean shoreline to the line of stable, densely vegetated dune habitat
(which is not used by the piping plover and where PCEs do not occur) and from the MLLW
on the Pamlico Sound side to the line of stable, densely vegetated habitat, or (where a line of
stable, densely vegetated dune habitat does not exist) lands from MLLW on the Atlantic
Ocean shoreline to the MLLW on the Pamlico Sound side. All emergent sandbars within
Hatteras Inlet between Hatteras Island and Ocracoke Island, including lands owned by the
State of North Carolina such as Island DR-009— 03/04 (not shown on map), are included.
The unit is adjacent to but does not include the Graveyard of the Atlantic Museum., the ferry
terminal, the groin on Ocracoke Island, NC Highway 12, or their ancillary facilities (e.g.,
parking lots, out buildings).
Unit NC-5 (Ocracoke Island): This unit is entirely within Cape Hatteras National Seashore
and includes the western portion of Ocracoke Island beginning at the beach access point at
the edge of Ramp 72 (South Point Road), extending west approximately 3.4 km (2.1 mi) to
Ocracoke Inlet, and then back east on the Pamlico Sound side to a point where stable,
densely -vegetated dune habitat meets the water. This unit includes lands from the MLLW on
the Atlantic Ocean shoreline to the line of stable, densely -vegetated dune habitat (which is
not used by the piping plover and where PCEs do not occur) and from the MLLW on the
Pamlico Sound side to the line of stable, densely vegetated habitat, or (where a line of stable,
densely vegetated dune habitat does not exist) lands from MLLW on the Atlantic Ocean
shoreline to the MLLW on the Pamlico Sound side. All emergent sandbars within Ocracoke
Inlet are also included. This unit does not include any portion of the maintained South Point
Road, NC Highway 12, or any of their ancillary facilities.
Unit NC-6 (Portsmouth Island -- Cape Lookout): The entire unit is within Cape Lookout
National Seashore, This unit includes all land to MLLW on Atlantic Ocean to MLLW on
Pamlico Sound, from Ocracoke Inlet extending west to the western end of the Pilontary
Islands. This unit includes the islands of Casey, Sheep, Evergreen, Portsmouth, Whalebone,
Kathryne Jane, and Merkle Hammock. This unit also extends west from the eastern side of
Old Drum Inlet to 1.6 km (1.0 mi) west of the New Drum Inlet and includes all lands from
2B

August 28, 2017
NC SPBO
Executive Summary
MLLW on Atlantic Ocean to MLLW on Core Sound.
General locations of the designated critical
Habitat for the Wintering Piping Plover.
70
I ChPW7 61u�j7y; Nt j,, Carlerel
l^panly, NC
Gnvniy,,NG (Ha1kCYs7ald. r
rOns1mP i. v`jblorehe4dCi
i f 4 '
5XXtGr�itn!Y.C!gwambDra
Ccdarpit DnEue ws"r ;•,— �, C. I' ,. ,, o� 4
JIMU 0 sod 1
�v �.•__.._ er
�lgefordi' •:f, Cape
NBogucBanlu Lill.^ 8R lAnuout
Rngueralet _ _ -- _ �hry Lighthoun
- �' �• Bight
to NC -
Atlantic
Ocean
General Area Distance: Miles
x. Legend
a 6 Iz
city i Town
Shand e
Ae Major Road t Highway
' A
le
Critical Habitat
CxA 'I
�
UseConatraints: This
map Is intended to be used as agutdetoldentifythegeneral areas
WhereW,ntesinglHptngP]overcrStiesl,haliitathatireendesignated.
r�tetudedwithtn
the designation of erltteal habitat are all lard areas to the nteanlower low water. Refer
to the nnrrativb unitdcacrtptlons
as the piseise legal definition of ei itleat h abitat.
Unit NC-7 (South Core Banks): The entire unit is within Cape Lookout National Seashore.
This unit extends south from Cape Lookout Lighthouse, along Cape Lookout, to Cape Point
and northwest to the northwestern peninsula. All lands from MLLW on the Atlantic Ocean,
Onslow Bay, and Lookout Bight up to where densely vegetated habitat, not used by the
piping plover, begins and the constituent elements no longer occur are included.
29

August 28, 2017
NC SPBO
Executive Summary
Unit NC-8 (Shackleford Banks): The entire unit is within Cape Lookout National
Seashore. This unit is in two parts: (1) The eastern end of Shackleford Banks from MLLW of
Barden Inlet extending west 2.4 km (1.5 mi), including Diamond City Hills, Great Marsh
Island, and Blinds Hammock; and, (2) The western end of Shackleford Banks from MLLW
extending east 3.2 km (2.0 mi) from Beaufort Inlet. The unit includes all land from MLLW to
where densely vegetated habitat, not used by the piping plover, begins and where the
constituent elements no longer occur and any emergent sandbars within Beaufort Inlet. This
unit is bordered by Onslow Bay, Shackleford Slue, and Back Sound.
Unit NC-9 (Rachel Carson): The entire unit is within the Rachel Carson National Estuarine
Research Reserve. This unit includes islands south of Beaufort including Horse Island, Carrot
Island, and Lennox Point. This unit includes entire islands to MLLW.
Unit NC--10 (Rogue Inlet): The majority of the unit is privately owned, with the remainder
falling within Hammocks Beach State Park. This unit includes contiguous land south, west,
and north of Bogue Court to MLLW line of Bogue Inlet on the western end of Bogue Banks.
It includes the sandy shoals north and adjacent to Bogue Banks and the land on Atlantic
Ocean side to MLLW. This unit also extends 1.3 km (0.8 mi) west from MLLW of Bogue
Inlet on the eastern portion of Bear Island.
30

August 28, 2017
NC SPBO
Executive Summary
Unit NC-11 (Topsail): The entire area is privately owned. This unit extends southwest from
1.0 km (0.65 mi) northeast of MLLW of New Topsail Inlet on Topsail Island to 0.53 lcm
(0.33 mi) southwest of MLLW of Rich Inlet on Figure Eight Island. It includes both Rich
Inlet and New Topsail .Inlet and the former Old Topsail Inlet. All land, including emergent
sandbars, from MLLW on Atlantic Ocean and sound side to where densely vegetated habitat,
not used by the piping plover, begins and where the constituent elements no longer occur. In
31

August 28, 2017
NC SPBO
Executive Summary
Topsail Sound, the unit stops as the entrance to tidal creeps become narrow and channelized.
Unit NC-12 (Figure Eight Island): The majority of the unit is privately owned. This unit
extends south from the western end of Beach Road on Figure Eight Island to the northern end
of Highway 74 on Wrightsville Beach. The unit includes Mason Inlet and the sand and
mudflats northwest of the inlet from MLLW on Atlantic Ocean to where densely vegetated
habitat, not used by the piping plover, begins and where the constituent elements no longer
occur.
Unit NC-13 (Masonboro): The entire unit is within the North Carolina National Estuarine
Research Reserve. This unit extends 1.1 km (0.70 mi) 'south from the MLLW of Masonboro
Inlet on Masonboro Island. This unit includes all lands along the Atlantic Ocean, Masonboro
Inlet, and Masonboro Sound from MLLW to where densely vegetated habitat, not used by
the piping plover, begins and where the constituent elements no longer occur.
Unit NC--14 (Carolina Beach Inlet): The majority of the unit is within Myrtle Grove Sound
on Masonboro Island and is owned by the North Carolina National Estuarine Research
Reserve. This unit extends south from 3.2 km (2.0 mi) north of MLLW at Carolina Beach
Inlet on Masonboro Island to 1.1 km (0.70 mi) south of MLLW at Carolina Beach Inlet on
Carolina Beach. It includes land from MLLW on Atlantic Ocean across and including lands
to MLLW on the western side of Masonboro Island, excluding existing dredge spoil piles.
Emergent sand bars within Carolina Beach Inlet are also included.
Unit NC45 (Ft. Fisher): This unit is within Ft. Fisher State Recreation Area and Zeke's
Island Estuarine Reserve. This unit extends south from Ft. Fisher Islands (from the rocks),
south of the ferry terminal, to approximately 0.8 km (0.5 mi) south of MLLW at Corn Calve
Inlet on Smith Island. It includes all land (including Zeke's Island) from MLLW on Atlantic
Ocean across to MLLW on the eastern side of the Cape Fear River.
32

August 28, 2017
NC SPBO
Executive Summary
Unit NC-16 (Lockwood Folly Inlet): The entire unit is on Oak Island (formerly known as
the Town of Long Beach) and is privately owned. This unit extends from the end of West
Beach Drive, west to MLLW at Lockwood Folly Inlet, including emergent sandbars south
and adjacent to the island. This unit includes land from MLLW on Atlantic Ocean across to
MLLW adjacent to the Eastern Channel and the Intracoastal Waterway.
33

August 28, 2017
NC SPBO
.Executive Summary
Unit NC-17 (Shallotte Inlet): The entire unit is privately owned. This unit begins just west
of Skimmer Court on the western end of Holden Beach. It includes land south of SR 111b, to
where densely vegetated habitat, not used by the piping plover, begins and where the
constituent elements no longer occur to the MLLW along the Atlantic Ocean. It includes the
contiguous shoreline from MLLW to where densely vegetated habitat, not used by the piping
plover, begins and where the constituent elements no longer occur along the Atlantic Ocean,
Shallotte Inlet, and Intracoastal Waterway stopping north of Skimmer Court Road. The
unnamed island and emergent sandbars to MLLW within Shallotte Inlet are also included.
Unit NC-18 (Mad Inlet): The entire unit is privately owned. This unit extends west 1.2 km
(0.75 mi) from the end of Main Street (SR 1177) on western Sunset Beach to the eastern
portion of Bird Island and includes the marsh areas north of wester, Sunset Beach shoreline.
The shoreline area begins at MLLW on the Atlantic Ocean and continues landward to where
densely vegetated habitat, not used by the piping plover, begins and where the constituent
elements no longer occur.
34

August 28, 2017
NC SPBO
Executive Summary
APPENDIX D: USEWS Raleigh North Carolina Field Office Piping Plover
and Red Knot Survey Minimum Survey requirements To Document Site
Abundance and Distribution
Required skills, training, and equipment for conducting surveys
Piping plover monitors must be capable of detecting and recording locations of
roosting and foraging plovers, accurately reading and recording bands, and
documenting observations in legible, complete field notes. Aptitude for monitoring
includes keen powers of observation, familiarity with avian biology and behavior,
experience observing birds or other wildlife for sustained periods, tolerance for
adverse weather, experience in data collection and management, and patience.
Monitors must also be able to captain a boat (if applicable) and walk long distances
carrying field gear.
2. Binoculars, a GPS unit (set to record in decimal degrees in the WGS datum), a 10-
60x spotting scope with a tripod, boat access (if applicable), and the RFO's datasheet
must be used to conduct the surveys.
Pipingplover survey methodology
3. Nonbreeding piping plover abundance and distribution must be determined through 6
surveys per season (2 during fall migration scheduled <3 days apart, 2 during winter
scheduled <3 days apart, and 2 during spring migration scheduled <3 days apart).
Suitable habitat must be surveyed by walking the survey area (weather and tide
permitting, no surveys should be conducted if sustained winds exceed 20 mph) during
the survey window (July 15 — May 15).
4. Surveys should be scheduled around the peak of migration (September in Fall and
March in Spring) based on input from the RFO. Winter surveys must be conducted
between December 1 and January 31, Surveys should be conducted around mid -tide
when birds will still be foraging, making Iegs easier to see for re -sighting bands, but
more concentrated.
5. All unhanded and banded piping plovers must be recorded on the RFO datasheet.
Weather data must be collected at the beginning of each survey. The
presence/absence of bands, GPS coordinate, plumage, behavior, and habitat type must
be recorded for each piping plover.
6. Band resightings must be read and documented during each survey.
7. GPS coordinates must be collected in decimal degrees during each survey for each
bird as close to the location of the bird as possible without causing a change in
35

August 28, 2017
NC SPBO
Executive Summary
behavior (if the bird is spending most of its time watching the monitor instead of
continuing the behavior it was exhibiting when it was first spotted).
8. Recreation and disturbance must be documented during the surveys. The number of
people, dogs (on and off leash), bicycles, vehicles, etc. must be recorded during the
surveys. Additionally, any activity causing a disturbance (change in behavior,
particularly if the disturbance flushes the birds) to roosting or foraging birds must be
noted on the datasheet.
9. Survey data must be recorded in the field on the RFO datasheet and transcribed into
the Microsoft Access database (provided by the RFO). Electronic hard copies of the
datasheets and the database must be provided annually by June 15 to the RFO.
Red Knot
10. Red lcriots must be recorded during the piping plover surveys when both species are
present. Additional surveys for red knots during their peal{ season must follow the
same protocol outlined above. Band combinations, flag color and alphanumeric
codes, and geolocators must be noted on the datasheet if applicable. All resightings
must be reported on www.bandedbirds.oj�g.
36

August 28, 2017
NC SPBO
Executive Summary
How To Resight and Report Banded Piping Plovers
Be careful not to disturb the bird. A slow, quiet approach avoids harassment and allows the
observer to carefully scan the band combination. Using a spotting scope facilitates accurate
observations from a distance.
Please record:
1, Location where the bird was seen (GPS coordinates are helpful).
2. Date when the bird was seen.
3. Any observations of the bird's behavior (e.g., roosting, foraging).
4. Band combination:
a. Band combinations should be recorded in the following sequence: upper left (UL;
above the "knee"), lower left (LL; below the "knee"), upper right (UR), lower
right (LR). "Right" and "left" are from the bird's perspective, not the observer's
(just like a person's right and left legs). (please refer to
http://www.fws.gov/charleston/pdf/PIPU20141205_usfws pipl_survey datasheet
.pdf)
b. Band types include flags (band with tab sticking out), metal, and color bands.
c. Some bands may have alpha -numeric codes printed on the band or the flag (e.g.,
Al). The code, in addition to the color and location of the band or flag should be
documented. Both the color of the band and the code (e.g., white writing on a
green band) should be noted.
d. Some bands are split (a single band with two colors; e.g., orangelblue) or triple
split (a single band with three colors; e.g., blue/orange/blue).
e. Sometimes two bands of the same color are placed over each other, appearing like
one very tall band.
f. Some piping plovers are banded on the upper legs only, and bands can be stacked
(one above the other) on the upper leg.
g. Record leg positions where bands are absent.
h. Note if the color or type of any of the bands is uncertain or if some parts of a leg
were not seen clearly.
i. Recognize that band colors can fade overtime.
For banded piping plovers seen in North Carolina, please send this information along with
the observer's contact information to melissa chaplain c ,fws.gov. For more information
about band resighting, please consult
htti)://www.fws.gov/cliarlestog/Tdf/PIPL Band Identification_Training.pdf
37

August 28, 2017
IBC S PBO
Executive Summary
F.
4Y y
Left Figure: This band combination would be recorded as: metal (UL), dark blue (LL), black flag (UR), red ovex black
(LR). The band combination would be recorded as: X,B:Lf,RL. Middle Figure: Examples of alpha -numeric gray, black,
and white flags. Right Figure: Example in yellow circle shows use of an alpha -numeric code on a color band.
Datasheet Habitat Descriptor Definitions
Back beach — dry sand, beach landward of the mean high water (MHW) line and seaward of
the dune line.
Dune — A mound, hill, or ridge of wind-blown sand, either bare or covered with vegetation
located landward of the back beach.
Ephemeral pool — a temporary water feature located on the beach.
Mudflat --- intertidal area typically located behind sand spits adjacent to inlets. They appear
darker in color than sand, and are soft and slick to walk on. The closest vegetation is
typically Spartina sp.
Intertidal beach — wet, smooth sand; beach seaward of the MHW line and landward of the
mean low water (MLW) line.
San dflat--- flat, rippled intertidal area along sound shorelines or around the mouth of an inlet.
They are firm to walk on.
Dense vegetation -- vegetation located on the back beach or dunes that provides >75% cover.
Washover — beach sand that has been transported landward of the beach/dune system by
storm waves, areas where sand and shells become the top layer of once vegetated areas
following a storm event.
Wrack — organic plant material deposited between MHW line and the spring high tide line.
F ---F— Beach Prof ie
Spring MHW Line
High Tide
Line
Ocean
Ji w line .:. -

Nonbreeding PIPUREKN Survey Data Sheet
Date: Location:
Observer(s):
Page_of
Survey #: Survey Coverage: (circle one); ALL NE SW Survey Type: (circle one): Population Foraging Roosting SIR
Start Time: End Time: General weather (circle one): Sunny Parity cloudy Cloudy Rain Fog Other (describe)
Temp: 'F Wind Direction (circle one): N NE E SE S SW W NW Wind Speed (circle one): 0-5 6-10 11-15 16-20 >21 MPH
Tidal stage at start of survey (circle one): Low Mid High (Rising/Falling)
Disturbance (#): Pedestrian(s) Boats) Bicycles) ATVs) ORV(s)Dog(s) On Dog(s) Off
a
a
J
D
J
M
J
J
J
J
�
M
�
M
Z)
aL
J
J
J
Flag
or
coa
e
Latitude
Longitude
ro
E
n
a
�.
Notes

Abbreviation Ke
Band Color
Piuma a
Behavior
Habitat
A
Gray
B
Basic (nonbreeding)
D
Disturbed
M
Mudflats
S
Dark blue
A
Alternate (breeding)
FR
Foraging
S
Sandflats
b
Light blue
P
Partial (some breeding)
R
Roosting
S
Beach
f
Flag
L
Loafing
D
Dunes
G
Dark green
T
Territorial
WR
Wrack
g
Light green
O
Other
IT
Ocean intertidal
L
Black
WA
Washover
N
No band seen (leg position not visible)
VS
Vegetation sparse (<75%)
O
Orange
VT
Vegetation thick (>75%)
P
Pink
EP
Ephemeral pool
R
Red
O
Other
U
Purple
W
White
X
Metal
Y
Yellow
-
No band (no band on that leg position)
/
Split band (color/color on one band)
//
Triple split band (color/color/color on one band)

August 28, 2017
NC SPBO
Executive Summary
41