20120868 Ver 1_USACE Correspondence_20121205

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF November 29, 2012
Regulatory Division
Action ID No. SAW - 2010 -01825
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
a- U U' (Z
►C C�L9O DI
E 5 2012
DENR - WATEI; (QUALITY
Reference the application of New Hanover County to construct a beach nourishment project
along 14,000 linear feet of oceanfront of Carolina Beach with approximately 1,400,000 cy of
material dredged from the federal borrow area within Carolina Beach Inlet and that follows the
precise template of the Corps storm damage reduction project for the Town of Carolina Beach, in
Carolina Beach, New Hanover 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
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

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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. 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.0 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
6 The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7 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 (910) 772 -2191.
8 If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures
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
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

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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 permrtee 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 of any federal channel in the
vicinity of Carolina Beach Inlet 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
address, including any inspectors contact name and phone number must be provided to the
Wilmington District prior to any work.

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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.0
Division of Coastal Management, N C Division of Water Quality, N C Wildlife Resource
Commission, and U.S. Coast Guard
19 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 and atlantic 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
20 The permittee shall coordinate the placement of all dredge pipeline along the beach
with the N.C. Wildlife Resources Commission.
21. In order to protect nesting piping plover and sea turtles and to reduce the likelihood
of adverse impacts to manatees, 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 31 st
22. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
http / /www fws goy/tic-es/mammal/manatee guidelines pdf
23. 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 dredge pipeline.
24 Permit Dissemination: The permittee shall provide a copy of this permit instrument
to all contractors involved in this permitted activity Furthermore, a copy of this permit shall be
kept at the site of construction and on any vessel(s) operated to association with the work
authorized, herein
25 Pipeline Inspection• The permittee will monitor the pipeline during construction
activities, in order to check for potential leaks, which may emanate from the pipeline couplings
All dredge and fill activities will cease if leaks are found. Operations may resume upon
appropriate repair of affected couplings, or other equipment

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26. Shore - Parallel Dike Construction: A shore - parallel dike will be constructed on the
beach above mean water to contain turbidity. The dike will be constructed of existing beach sand
supplemented by sand from the borrow area; at the end of the project, the sand dike will be
smoothed out on the beach. Sand slurry will be pumped landward of the dike allowing sand to
fall out of suspension as the slurry moves alongshore. The sand will then be moved seaward via
heavy machinery to build the beach.
27 Any dredging or loss of high ground within the piping plover Critical Habitat Unit
NC -14, including the southern end of Masonboro Island and the northern end of Carolina Beach,
shall be strictly prohibited Dredging shall be regulated and controlled so that bank sloughing in
the borrow area does not occur above the Mean High Water (MHW) line. It may be necessary to
avoid dredging in some portions of the borrow area to avoid bank sloughing above the MHW
line.
28. The permittee shall conduct visual surveys each morning during construction within
the project area to determine if piping plovers are present. If plovers are present, all equipment
shall be moved carefully to allow those plovers to move out of the project area.
29 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
30. 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, sediment samples shall be taken from each 100 -foot long section of
constructed beach and a sediment analysis of the material placed on the beach, including shell
content (calcium carbonate) percentage and color shall be submitted to the Wilmington District,
Regulatory Division, Wilmington Regulatory Field Office, Attn: Mr Dave Timpy, on a
WEEKLY basis until completion of the project This analysis shall include, at a minimum, the
location of the sample station, shell percentage, silt/clay content, grain size, and color as
indicated by the Munsell Color Chart. 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.

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31. Immediately after completion of the project, 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.
32 Construction and Grade Stake Recovery Plan. Beach grade stakes used during
construction and left in place, either by being broken off at or below grade, bulldozed over, or
left in the surf creates a public hazard to beach goers and swimmers. The permittee shall prepare
and submit to the Corps for review and approval a "Construction and Grade Stake Recovery
Plan" This plan shall outline the steps necessary to recover every grade stake used during
project construction This plan shall maintain a log or map to inventory all the stakes used
during construction activities The log/map shall include information concerning the location,
installation, and recovery of all grade stakes The permittee shall make this log/map available for
review by the Corps upon request. Upon completion of the project, the permittee shall furnish
the log/map to the Corps.
Grade stakes used during shall be made of such material that can and shall be removed intact
after filling to the authorized cross sections. All stakes shall have sufficient length above grade
so they may not be accidentally covered by beach fill. The permittee shall consecutively number
each grade stake, shall clearly mark that number upon the stake, and shall record the location of
each numbered stake in a grade stake log/map The removal of each numbered stake shall be
recorded in the grade stake log/map at the time of the stake removal At the request of the Corps,
all of the grade stakes shall be displayed after their removal to demonstrate those stakes that have
been removed. All grade stakes placed within the limits of beach fill work shall be numbered
and recorded in the log/map The permittee shall track, locate, and completely remove all grade
stakes in their entirety to the satisfaction of the Corps
33 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, any escarpment over 100 feet long and 18 inches high in
the newly placed beach fill 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
34 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

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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
35. The permittee shall provide written notification of project completion immediately
upon completion of the work authorized by this permit
36 The permittee will provide two copies of the as -built surveys of the federal borrow
area within Carolina Beach Inlet and beach profiles of the entire beach placement area during this
project within 30 days of project completion to the Wilmington Regulatory Field office, Attn:
Mr. Dave Timpy
37. 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.
38 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
Questions or comments may be addressed to Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, telephone [phone]
Sincerely,
David L Timpy, Project anager
Wilmington Regulatory Field Office

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Copies Furnished:
Ms Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
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 Fritz Rhode
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
Jeffrey Garnett
USEPA 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 E. Ft Macon Road
Atlantic Beach, North Carolina 28512

Va
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405