20081615 Ver 2_USACE Correspondence_20101217

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
ATTENCOION OF: December 10, 2010
Regulatory Division
Action ID SAW -2006-40848 and State Permit No. 22-09
Mr. Tim Holloman, Town Manager
Town of Topsail Beach
820 South Anderson Boulevard
Topsail Beach, North Carolina 28445
Dear Mr. Holloman:
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This correspondence is in response to your letter dated June 15, 2010, requesting
modification of the Department of the Army (DA) Permit issued to the Town of Topsail Beach
on June 15, 2009, to place approximately 1,000,000 cubic yards of beach quality sand along the
24,700 linear feet of Topsail Beach shoreline from an ocean borrow area, designated as "Borrow
Area X", located immediately southeast of New Topsail Inlet.
In your June 15, 2009 letter you request to modify this authorization to eliminate the ocean
borrow area (Borrow Area "X") as a sand source and include inshore borrow areas within the
existing federal navigation channels of (Topsail Creek, Topsail Creek Crossing, and Banks
Channel) and two Corps maintained dredge material placement sites (DA -189 & DA -203)
located in Topsail Sound located inland of the Town of Topsail Beach. Your request has been
fully coordinated with all appropriate State agencies, the US Fish and Wildlife Service and the
National Marine Fisheries Service. The required consultations, pursuant to the Endangered
Species Act and (50 CFR Section 600.920) and the Magnuson -Act (Section 305(b)(4)(B)) have
been completed. Your request to eliminate Borrow Area "X" and include inshore borrow areas
within the existing federal navigation channels of (Topsail Creek, Topsail Creek Crossing, and
Banks Channel) and Corps maintained dredge material placement sites (DA -189 & DA -203) is
hereby approved provided you adhere to the special conditions attached here. Please note that
special conditions # 13, # 16, and #3 5 have been modified from the original authorization and
special condition #36 has been removed. The expiration date of your permit shall remain at
December 31, 2014.

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Should you have any questions, please contact Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division at [phone].
Copies Furnished (with enclosure):
Ms. Cyndi Karoly
vision of Environmental Management
C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Steve Everhart
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Molly Ellwood
Southeastern Permit Coordinator
N.C. Wildlife Resources Commission
Habitat Conservation Program
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Dr. Matt Godfrey
N.C. Wildlife Resources Commission
217 Sleep Point Road
Gloucester, North Carolina 28528
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
Supervisor, Atlantic Branch
Habitat Conservation Division
Post Office Box 12559
Charleston, South Carolina 28422-2559
Ms. Georgia Cranmore
Assistant Regional Administrator
for Protected Species
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburgh, Florida 33702

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Ms. Becky Fox
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Commanding Officer
United States Coast Guard
Marine Safety Unit Wilmington
1502 North 23rd Street
Wilmington, North Carolina 28405
Chris Gibson, PE
Gahagan and Bryant Associates of NC
295-A North Green Meadows Drive
Wilmington, North Carolina 28405
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East -west Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Ms. Jennifer Derby, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303

SPECIAL CONDITIONS
Topsail Beach Interim Beach Fill Project
Action ID SAW -2006-40848
December 10, 2010
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal
Management consistency determination and the North Carolina Division of Water Quality 401
Water Quality Certification number 3777 dated November 17, 2010 are incorporated as part of
the Department of the Army permit. Therefore they are not listed as special conditions.
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by
the U.S. Army Corps of Engineers (USACE) prior to implementation.
2. Dredging activities authorized by this permit shall not in any way interfere with those
operations of the Corps civil works dredging and navigation projects. Specifically, there
shall not be any interference with the Corps maintenance dredging of New Topsail Inlet or
federal channels in the vicinity of New Topsail Inlet.
The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this permit. A copy of this permit, including all conditions,
shall be available at the project site during construction and maintenance of this project.
4. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters
or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
5. 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.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7. This permit authorizes beach fill activities to be carried out one time along the entire project
area. Any request to carry out additional maintenance beach fill activities within the project
area where nourishment activities have been completed under this permit will require written
authorization from the Corps of Engineers, Regulatory Division.

8. The permittee shall advise the Wilmington District, Regulatory Division in writing prior to
beginning the work authorized by this permit. The contractors name, phone number, and
address, including any inspectors contact name and phone number must be provided to the
Wilmington District prior to any work.
9. A pre -construction meeting must be held with Wilmington District, Regulatory Division
prior to conducting the work to ensure the contractor fully understands the conditions of this
permit. Meeting participants may include, but are not limited to, representatives from N.C.
Division of Coastal Management, N.C. Division of Water Quality, N.C. Wildlife Resource
Commission, and U.S. Coast Guard.
10. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington Regulatory
Field Office, Attn: Mr. Dave Timpy, Wilmington District U.S. Army Corps of Engineers
within 24 hours of the permittee's discovery of the violation.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition.
13. The permittee shall coordinate the placement of all dredge pipeline along the beach with the
N.C. Wildlife Resources Commission.
14. All dredging and beach fill work will be restricted to November 16th to March 31 St' Upon
completion of work, including mobilization and demobilization efforts and beach tilling, all
equipment, including pipelines, must be removed from the project area by March 31St
15. No dredged material will be placed at any time in waters outside the permitted beach
nourishment disposal area. Material will be placed on the beach via pipeline.
16. The permittee shall execute a consent agreement authorizing use of DA -189 and DA -203
with the Corps of Engineers, Navigation Branch prior to construction.
17. All material used for the beach nourishment must be beach compatible, clean, free of debris
and clay, and free of any pollutants except in trace quantities. The permittee shall ensure that
an inspector is present during all beach disposal activities and immediately reports to the
Corps should any potentially incompatible material be placed on the beach. During dredging
operations, material placed on the beach shall be inspected daily to ensure compatibility.
During dredging operations, a sediment analysis of the material placed on the beach,
including shell content (calcium carbonate) percentage shall be submitted to the Wilmington
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District, Regulatory Division, Wilmington Regulatory Field Office, Attn: Mr. Dave Timpy,
on a WEEKLY basis until completion of the project. If during the sampling process non -
beach compatible material is or has been placed on the beach all work shall stop immediately
and the Corps be notified by the permittee and/or its contractors to determine the appropriate
plan of action.
18. Immediately after completion of the sediment disposal project and prior to the next three sea
turtle nesting seasons, beach compaction shall be monitored by the permittee and coordinated
with the Corps and N.C. Wildlife Resources Commission. Beach tilling of the compacted
beach fill area shall be conducted as required to reduce the likelihood of impacting sea turtle
nesting and hatching activities. The permittee shall not conduct any beach tilling without
prior compaction sampling of the beach and shall provide an annual summary of compaction
surveys to the USFWS.
19. Visual surveys of escarpments shall be made along the beach fill area immediately after
completion of construction and for the three years following completion of construction.
Between April 1St and December 1 st, all escarpments in the newly placed beach fill that
exceed 18 inches shall be graded to match adjacent grades on the beach. Removal of any
escarpments during the sea turtle hatching season (May 1 through November 15) shall be
coordinated with the North Carolina Wildlife Resources Commission.
20. A representative of the Corps of Engineers, Regulatory Division will periodically and
randomly inspect the work for compliance with these conditions. Deviations from these
procedures may result in cessation of work until the problem is resolved to the satisfaction of
the Corps. 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.
21. The permittee shall provide written notification of project completion immediately upon
completion of the work authorized by this permit.
22. The permittee will provide two copies of the as -built surveys of the borrow areas and beach
fill areas within 30 days of project completion to the Wilmington Regulatory Field office,
Attn: Mr. Dave Timpy.
23. If submerged cultural resources are encountered during the operation, the District Engineer
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 should immediately contact Mr. Chris Southerly at (910/458-9042), Fort Fisher,
so that a full assessment of the artifacts can be made.
24. This Department of the Army permit does not obviate the need to obtain other Federal, State
or local authorizations required by law.
25. 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

in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any
such removal, relocation, or alteration.
26. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit
N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks
prior to beginning work and upon completion of work.
27. The authorized project must not interfere with the public's right to free navigation on all
navigable waters of the United States. No attempt will be made by the permittee to prevent
the full and free use by the public of all navigable waters at or adjacent to the authorized
work for reason other than safety.
28. The permittee will comply with all U.S. Coast Guard regulations for dredging operations.
The permittee will contact Mr. Tom Flynn, U.S. Coast Guard, District 5 Waterways at (757)
398-6229 at least 30 days prior to construction. Contact with the U.S. Coast Guard will
initiate the Local Notice for Mariners procedures to ensure all safety precautions for aids to
navigation are implemented. The permittee will notify our office when this coordination
with the U.S. Coast Guard has been commenced and updates will be provided to our office.
29. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at [phone].
30. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future Federal
activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.
d. Design and construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
31. All necessary precautions and measures will be implemented so that any activity will not
kill, injure, capture, pursue, harass, or otherwise harm any protected Federally listed species
(sea turtles, whales, manatee, 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 District Engineer 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.
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32. 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 immediately stop all beach disposal activities and contact the
Wilmington District to determine appropriate action.
33. In the event an incidental sea turtle take occurs by a dredge, the permittee must stop all
dredging operations and contact the Wilmington District for consultation to determine the
appropriate action, including the immediate implementation of sea turtle conservation
measures that must be taken. The permittee shall immediately notify Mr. Dave Timpy,
Wilmington Regulatory Field Office, Corps Regulatory Division, by email
[e-mail] or by telephone at [phone] that an incidental take
has occurred.
34. The permittee understands and agrees that, even where it is in full compliance with the terms
and conditions of this permit and other required authorizations, incidental take of sea turtles
or other endangered species by the permittee may require suspension of the permit by the
Corps of Engineers. The amount of incidental take that will trigger suspension, and the need
for any such suspension, shall be determined at the time in the sole discretion of the Corps of
Engineers. The permittee understands and agrees on behalf of itself, its agents, contractors,
and other representatives, that no claim, legal action in equity or for damages, adjustment, or
other entitlement against the Corps of Engineers shall arise as a result of such suspension or
related action.
35.The permittee shall implement the Sea Turtle and Bird Monitoring Plans described in Section
6.4.1 and 6.4.2 of the Final Supplemental Environmental Impact Statement, Topsail Beach
Interim (Emergency) Beach Fill Project -Permit Request.

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