20180944 Ver 2_SAW-2019-01666 Event 3 extension_lost equipment_20210506

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

May 6, 2021

Regulatory Division

Action ID: SAW-2019-01666 and State Permit No. 91-18

Carteret County
Attn: Mr. Greg Rudolph, Carteret County Shore Protection Office
Post Office Box 4297
Emerald Isle, North Carolina 28594

Dear Mr. Rudolph:

Please reference the Carteret County’s May 3, 2021 email request, submitted by
Moffatt and Nichol, to modify the Department of the Army (DA) permit, dated November
22, 2019, for the third nourishment event (Project #3) under the 50-yr Bogue Banks
Master Beach Nourishment Plan in Carteret County, North Carolina. The request is to
extend the construction timeframe in order recover a piece of lost equipment (a
spreader) that was buried during nourishment activities. This modification is limited to
the work necessary to locate and retrieve the lost spreader, the approximate location of
which is depicted on the attached figure entitled, “Possible Magnetic Anomaly
Excavation Location (approximate),” submitted on May 5, 2021. This modification is
valid until May 8, 2021 however, if unexpected circumstances arise, upon notification to
and after approval from the Corps, this authorization may be extended through May 10,
2021.

Upon the review of the County’s request, our office has determined that the
modification can be authorized pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act provided adherence to the following
conditions:

1) This authorized modification is limited only to the current Project #3 event and is
not applicable to any subsequent events. The expiration date for this permit
modification is December 31, 2021.

2) This modification is limited to the work necessary to locate and retrieve the lost
spreader. All operations on the beach will be confined to the immediate vicinity of
the spreader device, the approximate location of which is depicted on the
attached figure entitled, “Possible Magnetic Anomaly Excavation Location
(approximate),” submitted on May 5, 2021.

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3) No dredging and/or beach fill activity, or work outside the designated area is
permitted after May 8, 2021, unless extended through May 10, 2021, upon
notification to and approval from the Corps.

4) Permittee shall adhere to the following measures pertaining to nesting sea turtles:

A. Access points for construction vehicles must be as close to the project site as
possible, which for this issue is the “dog-leg” access point. Construction
vehicle travel down the beach must be limited to the maximum extent possible,
and should drive in wet sand, not on the dry beach.

B. Nighttime storage of equipment or materials should be off the beach
(landward of the dune crest).

C. No equipment movement is permissible on the beach until after the morning
nest surveys clear the entire area.

D. No power equipment should be used within 50 feet of a marked nest. If a
nest(s) cannot be safely avoided, all activity should be delayed until complete
hatching and emergence of the nest.

E. The excavation area should be kept to the smallest footprint necessary to
extract the piece of equipment, beginning with the best guess as to where it
is, gradually working outwards.

F. Dune vegetation must not be disturbed or removed.

G. As proposed, any holes, ruts, or excavations must be filled in by 9 PM each
night.

H. If a nest is disturbed or uncovered, all work should cease and notifications
made to Jordan Jessop (USACE), Kathy Matthews (USFWS)
([e-mail]), and Maria Dunn (NCWRC). Work shall not
continue unless or until the nest is taken care of by NCWRC or the permitted
sea turtle monitors. The SPBO does not cover any take related to disturbing,
uncovering, or damaging a nest, or any equipment/work on the beach after
April 30.

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All other Special Conditions, as prescribed in the original November 8, 2018
authorization and June 29, 2020 modification, remain valid. If you have any questions
or comments, please contact me at [phone] or
[e-mail], Wilmington Regulatory Field Office.

Sincerely,

Jordan Jessop, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Copies furnished via email w/enclosures:

Carteret County: Mr. Greg Rudolph

Moffatt & Nichol; Mr. Sam Morrison
Moffatt & Nichol; Mr. Doug Huggett
Moffatt & Nichol; Ms. Dawn York
BOEM/VAM-OEP: Ms. Deena Hansen
USFWS: Ms. Kathy Matthews
NCDEQ/DWR; Ms. Karen Higgins
NCDEQ/DWR; Mr. Paul Wojoski
NCDEQ/DCM; Mr. Roy Brownlow
NCDEQ/DCM; Ms. Heather Coats
NCDEQ/DCM; Mr. Doug Huggett
NOAA/NMFS; Ms. Dana Bethea
NCDEQ/DWR; Mr. Chad Coburn
NOAA/NMFS; Mr. Fritz Rohde
NOAA/NMFS; Ms. Twyla Cheatwood
NCWRC; Ms. Maris Dunn
NOAA/NMFS; Mr. Pace Wilber

Un titled M ap
Pos s ible Magnetic Anom oly Excavation Loc ation (approxim ate)
Legend
Feature 1
Possible Manhetic Anom oly Exc avation Location (approxim ate)
500 ft
N➤➤N
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