20120512 Ver 1_USACE Comments_20120719

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REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
July 17, 2012
Regulatory Division
Action ID No. SAW- 2012 -00026
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Dear Mr. Huggett:
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Reference the application of the Town of Emerald Isle/Pine Knoll Shores' proposal for
Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act, to restore sand volumes and shoreline elevations lost
during Hurricane Irene along the projects approximate 267 acres or 7.1 miles of oceanfront
placing up to 1,000,000 (92,000) cubic yards (cy) of beach compatible sand at Emerald Isle,
Carteret County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
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 US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, -
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE

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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.
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. 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. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall 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.
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 (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
7. The authorized project and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
8. Approval of this project was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the structure may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIWW was justified. Issuance of this permit
should not be construed, as relieving the permittee of taking proper steps to insure the structure
and moored boats will not be damaged by wave wash normally to be expected in the AIWW.
9. 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

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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.
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. 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).
11. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction- related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
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. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
14. The permitee shall provide the Corps of Engineers a final set of construction plans
and obtain Corps approval of final construction plans prior to construction.
15. 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 activities in the vicinity of the
project, including the AIWW.
16. 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.
17. 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

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address, including any inspectors contact name and phone number must be provided to the
Wilmington District prior to any work.
18. 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.
19. The permittee shall coordinate the placement of all dredge pipeline along the beach
with the N.C. Wildlife Resources Commission.
20. 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 if
required, all equipment, including pipelines, must be removed from the project area by March
31 st.
21. 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.
22. 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 District,
Regulatory Division, Wilmington Regulatory Field Office, Attn: Mrs. Christy Wicker, on a
WEEKLY basis until completion of the project. If during the sampling process non -beach
compatible material, including large amounts of shell, 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.
23. 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 1 st 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.
24. Immediately after completion of the 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

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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.
25. 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.
26. The permittee shall provide written notification of project completion immediately
upon completion of the work authorized by this permit.
27. The permittee will provide two copies of the as -built surveys of the ODMDS dredged
area during this project and beach fill areas within 30 days of project completion to the
Wilmington Regulatory Field office, Attn: Mr. Christy Wicker,
28. 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.
29. The permittee will comply with all U.S. Coast Guard regulations for dredging
operations. The permittee will contact Mr. Joseph Edge, U.S. Coast Guard, Sector North
Carolina Waterways Management at (252) 247 -4525 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.
30. 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 BOEM and 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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31. 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.
32. 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 Christy Wicker or by telephone at
(910) 251 -4634 that an incidental take has occurred.
33. 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.
34. The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1337(k)(2)) grants the
sole legal authority to BOEM for the issuance of negotiated noncompetitive leases for the use of
OCS sand and gravel. The permittee shall obtain written authorization from the Bureau of Ocean
Energy Management (BOEM) for use of sand from the Morehead City ODMDS, located on the
Outer Continental Shelf (OCS) prior to construction of this project. This permit does not
alleviate the need for the permittee to abide by any terms and conditions required through the
BOEM lease issuance that are related to any operations and activities on the OCS.
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, at (910) 251 -4634.
Sincerely,
;*00J/C� I -
David L. Timpy, Project Manager
Wilmington Regulatory Field Office

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Copies Furnished:
Ms. Karen Higgins
North Carolina Department of
Environment and Natural Resources
Webscape Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Pete Benjamin
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
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Jennifer Culbertson
Department of Interior
Bureau of Ocean Energy Management
Headquarters
Division of Environmental Assessment
381 Elden Street
Herndon, Virginia 20170 -4817
Jeffrey Garnett
United States Environmental
Protection Agency - REGION 4
61 Forsyth Street, S.W.
Mail Code: 9T25
Atlanta, Georgia 30303 -8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways
Management
2301 East Fort Macon Road
Atlantic Beach, North Carolina 28512
Mr. Roy Brownlow, Acting District
Manager
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421