20140617 Ver 3_CAMA Application_20220223

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 8, 2021
Regulatory Division
Action ID No. SAW 2010-01825
County of New Hanover
Attn: Layton Bedsole
230 Government Center Drive
Wilmington, NC 28403
Dear Mr. Bedsole :
Reference your August 21, 2020 application for a Department of the Army permit to
conduct the locally managed Coastal Storm Damage Reduction (CSDR) Projects for
Wrightsville Beach, Carolina Beach and Kure Beach located along the Atlantic Coast of New
Hanover County, North Carolina. This application request was made in pursuant to Section 404
of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
Wrightsville Beach
The Wrightsville Beach CSDR beach nourishment portion of the project design covers
14,000-ft of oceanfront shoreline, extending from Masonboro Inlet to the approximate historic
location of Moore's Inlet near Holiday Sunspree Hotel. At the Moore's Inlet terminus, the
project transitions back to the natural shoreline over an approximate 2,200-ft taper. The design
template for the locally managed Wrightsville Beach CSDR project entails a 25-ft wide dune at
elevation +12.5-ft (NAVD88) fronted by a 50-ft wide storm berm at elevation +9.5-ft
(NAVD88). These design features are also protected by a construction berm with a top elevation
of +5-ft (NAVD88). The construction berm design width may be adjusted between maintenance
events and shoreline locations with a general average width of 170-ft across the project area that
provides a sufficient erosion buffer. The template maintains a 10:1 foreshore slope from the dune
and the storm berm. The seaward slope increases to 15:1 from the construction berm terminus to
the existing offshore grade. The pre -construction conditions usually do not require a back -dune
slope, but the template also allows for a 5:1 grade on the landward dune face.
This project utilizes a borrow site within Masonboro Inlet and Banks Channel to provide
beach compatible material for the nourishment events. Dredging of this borrow site will be
conducted by "cutterhead", or "bucket to barge" dredges. The borrow site entails a total of
154.3 acres with approximately 43.1 acres in Banks Channel and the remainder in Masonboro
Inlet. It is estimated that approximately 997,000 CY of beach compatible sand is available in the
proposed borrow area during typical pre -nourishment conditions.

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Carolina Beach
The Carolina Beach CSDR beach nourishment portion of the project follows along
approximately 17,400 ft of oceanfront shoreline south from the Town's northern municipal
limits. The Carolina Beach locally managed CSDR template contains a 25-ft wide dune at
elevation +12.5-ft (NAVD88) adjoining a 50-ft wide storm berm at elevation +9.5-ft (NAVD88).
The authorized template also allows a varying construction berm width at elevation +5.5-ft
(NAVD88). The construction berm width design may be adjusted between maintenance events
and shoreline locations, with an average width of approximately 95-ft to 125-ft along the
southern project boundary. The average width of the construction berm increases to
approximately 200-ft to 300-ft along the northern project area, in efforts to supplement the
Carolina Beach rock revetment. The template maintains a 10:1 foreshore slope from the dune
and the storm berm. The seaward slope increases to 15:1 from the construction berm terminus to
the offshore existing grade.
This project utilizes a borrow site within Carolina Beach Inlet. Dredging of this borrow site
will be conducted by a "cutterhead" or "bucket to barge" dredges. This borrow area is estimated
to contain approximately 947,000 cy of beach compatible sand.
Kure Beach
The Kure Beach CSDR beach nourishment portion of the project placement limits begin at
the northern municipal limits of Kure Beach and extend within approximately 1,000 ft of the
Town's southern municipal limits. The project covers approximately 14,500-ft of oceanfront
shoreline, inside the municipal limits of the Town of Kure Beach. The referenced project length
includes a 1,500-ft transition area along the southern project limits. The design template provides
a 25-ft wide dune feature at elevation +12.5-ft (NAVD88) and an approximate 50-ft storm berm
at elevation +8.0-ft (NAVD88). The construction berm extends from the storm berm at an
elevation of +5.5-ft (NAVD88). There is no specified width of this berm, it varies based on the
active erosional forces, with a typical width that will average between approximately 75-ft and
100-ft. The template maintains a 10:1 foreshore slope from the dune and the storm berm. The
seaward slope increases to 15:1 from the construction berm terminus to the offshore existing
grade.
This project will utilize a borrow area located offshore of Carolina Beach, known as
Borrow Area B. Dredging of this borrow site will be conducted by either "cutterhead", bucket to
barge", or "hopper" dredges. It is estimated that this borrow area contains 6,016,000 cubic yards
of beach compatible sand.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit
291 (copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, PGP-291 conditions, and the

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approved plan. Failure to comply with the conditions of the Federal permit could result in civil
and/or administrative penalties.
Please note that this is a new DA authorization and not a modification of any previous
permits. 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.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, at telephone [phone] or at email [e-mail].
Sincerely,
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
CAMA permit
Manatee Guidelines
GP 291 conditions
BCF via email:
CESAW-OP-NW; Todd Horton
CESAW-ECP-PE; Emily Hughes
CESAW-ECP-PE; Jennifer Owens
CESAW-PM-D; Robert Keistler
CESAW-RG-L; Liz Hair
CESAW-RG-L; Ronnie Smith

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Electronic Copy Furnished (with enclosures):
NOAA/NMFS; Mr.
Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr.
Pace Wilber
NCDEQ/DCM; Mr.
Jonathan Howell
NCDEQ/DCM; Ms.
Tara McPherson
NCDEQ/DWR; Mr.
Robb Mairs
NCDEQ/DCM; Mr.
Curt Weychert
NCDEQ/DCM; Ms.
Heather Coats
NCDEQ/DWR; Mr.
Paul Wojoski
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Ryan Taylor
Special Conditions
SAW-2010-01825
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, dated June 2020 (Wrightsville Beach) and August 2020 (Carolina and Kure Beaches),
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. National Marine Fisheries Service Protected Resources Division's (NMFS PRD) March 26,
2020 SARBO contains Project Design Criteria (PDCs) that are subject to the specific and general
activities associated with the authorized project. All PDCs included in Attachment (D) (SARBO
Project Design Criteria) must be adhered to and implemented.
Failure to comply with all applicable project design criteria and mandatory conservation measures
would constitute non-compliance with your USACE permit. Failure to comply with this permit
will be the basis for suspension and revocation of this permit and may be the basis for other
enforcement action. NMFS has directed that this SARBO issued to the Corps serve as the formal
consultation for all projects in the area covered by the SARBO; however, where the terms and
conditions of the SARBO differ from the special conditions of this permit, the special conditions
of this permit will take precedence as the more stringent condition. The 2020 SARBO supersedes
the 1997 SARBO, which was previously used for this dredging project. Please reference Section
10.1, Table 53 of the 2020 SARBO for the updated Incidental Take Statement (ITS) allocations.
The Permittee understands and agrees that, even where it is in full compliance with the terms and
conditions of the SARBO ITS and this permit, incidental take by the Permittee or other dredging
operations within the area covered by the SARBO may result in suspension or modification of this
permit by the Corps. The amount of incidental take that will trigger suspension, and the need for
any such suspension, shall be determined at the discretion of the Corps. The Permittee understands
and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal
action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a
result of such suspension or related action.

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3. This Corps permit does not authorize you to take an endangered species. In order to
legally take a listed species, you shall have separate authorization under the ESA (e.g.,
an ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with
which you shall comply). The National Marine Fisheries Service (NMFS) South Atlantic Regional
Biological Opinion (SARBO) for Dredging and Material Placement Activities in the Southeast
United States contains mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" that is also specified in the BO. The SARBO is
available at the following website: https://dgm.usace.army.mil/odess/#/technicalInfo.
Your authorization under this Corps permit is conditional upon your compliance with all of the
mandatory terms and conditions associated with incidental take of the SARBO, which terms and
conditions are incorporated by reference in this permit. Failure to comply with the terms and
conditions associated with incidental take of the SARBO, where a take of the listed species occurs,
would constitute an unauthorized take, and it would also constitute noncompliance with your
Corps permit. The NMFS is the appropriate authority to determine compliance with the
terms and conditions of its SARBO, and with the ESA.
4. National Marine Fisheries Service (NMFS) Essential Fish Habitat Condition: All dredging and
beach sand placement work must occur from October 1st through March 31s'. Coordination with
the NMFS Habitat Conservation Division must occur for any work proposed outside of this work
window.
5. 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. Greg Currey, Wilmington District, U.S. Army Corps of Engineers, 69 Darlington
Avenue, Wilmington, NC 28403 or at [phone] or at Greg_ory.e.currey_([)c,usace.army.mil
within 24 hours of the permittee's discovery of the violation
6. In the event an incidental take of a sea turtle, whale, manatee, or sturgeon
(shortnose and Atlantic) occurs by a dredge, the Permittee shall stop all dredging
operations and contact the Corps for consultation to determine the appropriate action,
including the immediate implementation of additional protective measures. The Permittee
shall immediately notify the Wilmington Regulatory Field Office, Attn: Project Manager, ,
Mr. Greg Currey by email at [e-mail] or by telephone at 910-
523-1151 that an incidental take has occurred. In the case of an incidental take of a sea
turtle, the Sea Turtle Mortality Report will be filled out by the Observer immediately
(within 6 hours) and e-mailed in pdf format to [e-mail] and the Corps
contact listed above.
7. In order to protect the endangered West Indian manatee (Trichechus manatus) the
Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines c n be found at
hLps://www.fvvs.gov/raleigh/pdfs/manatee_ guidelines.pdf.
8. All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory
Division, Wilmington Regulatory Field Office, 69 Darlington Avenue Wilmington, North

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Carolina, 28403, and by telephone at: 910-523-1151. The Permittee shall reference the following
permit number, SAW-1998-00432, on all submittals.
9. The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30
days prior to beginning the work authorized by this permit. The contractor's name, phone number,
and address, including any inspector's contact name and phone number must be provided to the
Wilmington District prior to any work.
10. 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 the Corps
Navigation Division, N.C. Division of Coastal Management, N.C. Division of Water Resources,
N.C. Wildlife Resource Commission, and U.S. Coast Guard.
11. Dredging activities authorized by this permit shall not in any way interfere with the operations
of the Corps' civil works dredging and navigation projects. 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 also be available at the project site during
construction and maintenance of this project.
12. 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 during 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.
13. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time during 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.
14. 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 Resources at [phone], and the North Carolina Emergency
Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
15. The Permittee shall monitor any dredge pipeline utilized during construction
activities, in order to check for potential leaks, which may emanate from the pipeline couplings.
All dredge activities will cease if leaks are found. Operations may resume
upon appropriate repair of affected couplings, or other equipment.
16. 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

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Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
17. 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.
18. The permittee shall coordinate the placement of all dredge pipelines along the beach with
the N.C. Wildlife Resources Commission.
19. Prior to the commencement of construction of the authorized dredging or other work within
the right-of-way of, or in proximity to, a federally maintained navigation channel, the permittee
shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate
Division. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue,
Wilmington North Carolina 28403-1343, tel. [phone].
20. Activities proposed within the Corps Easements for use of Disposal Areas may require
approval prior to construction. Prior to commencing work associated with improvements or
disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of
Engineers, Real Estate Division for any approvals needed to perform work within the Corps
easement. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue.
21. If submerged cultural resources are encountered during the operation, the permittee shall
immediately notify the Corps so that coordination can be initiated with the Underwater Archeology
Unit (UAU) of the Department of Cultural Resources.
22.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.
23.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. .
24. 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 (2) weeks prior
to beginning work and upon completion of work.
25. 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.
26. To address concerns from the United States Coast Guard: The following information must be
provided 10 days prior to the commencement of dredge operations:
ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE
SAFE NAVIGATION ON FEDERAL WATERWAYS.
1. DATES (INCLUSIVE) OF OPERATION.
2. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY).
3. NAMES OF THE INVOLVED VESSEL(S).
4. WORKING AND STANDBY FREQUENCIES.
5. SPECIFIC LOCATION (MILE MARKER/CHANNEL).
6. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE PERTINENT
TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE INFORMATION. WE
CANNOT DIRECT THE MOVEMENTS OF VESSELS. WE URGE THE MARINER TO
ADHERE TO THE REQUESTED ACTIONS.)
Submit the information to:
USCG SECTOR NC WATERWAYS DIV
721 MEDICAL CENTER DRIVE
WILMINGTON, NC 28401
OR EMAIL
NCmarineevents@uscg_ mil
27. Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days'
notice is required. The request will be sent to the Coast Guard District Five Office at:
USCG DISTRICT FIVE (DPW)
431 CRAWFORD STREET
PORTSMOUTH, VA 23704
OR EMAIL
[e-mail]
28 . 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 telephone, [phone].

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Attachment A
Endangered Species Act US Fish and Wildlife Service (USFWS)
Jurisdiction
Conditions from Wrightsville Beach Coastal Storm Damage Reduction Proiect
Batched Biological Opinion
REASONABLE AND PRUDENT MEASURES
The Service believes the following reasonable and prudent measures (RPMs) are necessary and
appropriate to minimize take of piping plovers, red knots, seabeach amaranth, and sea turtles.
Unless specifically addressed below, these RPMs are applicable for the maintenance dredging
and placement of sand for the life of the permit (New Hanover County), or for the life of the
project (Corps). The RPMs are separately applicable to both New Hanover County and the
Corps. If unable to comply with the RPMs and Terms and Conditions, the Corps as the
regulatory authority or funding agency may inform the Service why the RPM or Term and
Condition is not reasonable and prudent for the specific project or activity and request exception
under the BO. Piping plover and red knot survey requirements are subject to the appropriation of
sufficient funding by Congress and the subsequent allocation of funds. If the Corps or Applicant
cannot fulfill these Reasonable and Prudent Measures and terms and conditions, the Corps will
notify the Service as soon as possible and prior to let of the contract for construction.
RPMs — All Species
1. For the life of the permit, 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. Additional RPMs and terms and conditions will
be required if work extends into the sea turtle nesting season.
2. 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.
3. Conservation Measures included in the permit applications/project plans must be
implemented in the proposed project. If an RPM and Term and Condition address the
same requirement, the requirements of the RPM and Term and Condition take precedence
over the Conservation Measure.
4. Predator -proof trash receptacles must be installed and maintained at all beach access
points used for the project construction, to minimize the potential for attracting predators
of piping plovers, red knots, and sea turtles.
5. Pipeline placement must be coordinated with North Carolina Division of Coastal

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Management (NCDCM), the Corps, the Service's Raleigh Field Office, and the North
Carolina Wildlife Resources Commission (NCWRC).
6. 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.
7. In order to avoid and minimize impacts to nesting shorebirds including piping plover,
between March 31 and September 30, the staging of construction equipment should avoid
the south end of Wrightsville Beach, or minimize the area used at the south end of
Wrightsville Beach to the maximum extent practicable.
RPMs - Piping Plovers and Red Knots
1. 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.
2. The Corps, the Applicant, or other local sponsor shall provide the mechanisms necessary
to monitor impacts to piping plovers and red knots within the Action Area.
3. If work extends past March 31, the Applicant or Corps shall implement a plan to protect
and monitor breeding waterbirds on the south end of Wrightsville Beach.
RPMs — Loggerhead, Green, Leatherback, Hawksbill, and Kemp's Ridley Sea Turtles
1. Beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence shall be used for sand placement.
2. 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 and/or its
contractors to determine the appropriate plan of action.
3. 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 organizations, other agencies, etc.) is acceptable.
4. 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.
5. 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.

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6. A report describing the fate of observed sea turtle nests and hatchlings and any actions
taken, must be submitted to the Service's Raleigh Field Office following completion of
work for each year when a sand placement activity has occurred.
RPMs — Seabeach Amaranth
1. The Corps' seabeach amaranth monitoring program shall continue as described in the
April 19, 1993 BO for the effects of nourishment on Wrightsville Beach.
TERMS AND CONDITIONS
In order to be exempt from the prohibitions of section 9 of the ESA, the Corps must comply with
the following terms and conditions, which implement the RPMs described above and outline
reporting/monitoring requirements. These terms and conditions are non -discretionary. Unless
addressed specifically below, the terms and conditions are applicable for maintenance dredging
and placement of sand for each project, for the life of New Hanover County's permit and the life
of the Corps project.
Terms and Conditions — All Species
1. 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. Additional RPMs and terms and
conditions will be required if work extends into the sea turtle nesting season.
2. 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.
3. Conservation Measures included in the permit applications, project plans, and biological
assessment must be implemented in the proposed project. If an RPM and Term and
Condition address the same requirement, the requirements of the RPM and Term and
Condition take precedence over the Conservation Measure.
4. Predator -proof trash receptacles must be installed and maintained during construction at
all beach access points used for the project construction and any maintenance events, to
minimize the potential for attracting predators of piping plovers, red knots, and sea
turtles. All contractors conducting the work must provide predator -proof trash
receptacles for the construction workers. All contractors and their employees must be
briefed on the importance of not littering and keeping the Action Area free of trash and
debris. See the Appendix for examples of suitable receptacles.
5. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's Raleigh
Field Office, and the NCWRC.
6. 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.
7. Between March 31 and September 30, the staging of construction equipment should

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avoid the south end of Wrightsville Beach. If staging of equipment must occur in the
temporary staging area at the south end of Wrightsville Beach (as shown on the project
overview and other project documents), the physical area used must be minimized and
shifted as far north as possible within the temporary staging area.
Terms and Conditions — Piping Plovers and Red Knots
1. 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 antagonizing shorebirds while allowing them to exit the
area.
2. For two years following each dredging and sand placement event, bimonthly (twice monthly)
surveys for piping plovers and red knots shall be conducted in the beach fill and
in any other intertidal or shoreline areas within or affected by the project, including the
south end spit of Wrightsville Beach. If a full season is not available, at least 5
consecutive months with three surveys per month spaced at least 9 days apart are
required. Piping plover and red knot identification, especially when in non -breeding
plumage, can be difficult. Also, see the introductory paragraph to Reasonable and
Prudent Measures in the Wrightsville Beach CDSR BO.
3. The person(s) conducting the survey must demonstrate the qualifications and ability to
identify shorebird species and be able to provide the information listed below. The
following will be collected, mapped, and reported:
a. Date, location, time of day, weather, and tide cycle when survey was conducted;
b. Latitude and longitude of observed piping plover and red knot locations (decimal
degrees preferred);
c. Any color bands observed on piping plovers or red knots;
d. Behavior of piping plovers or red knots (e.g., foraging, roosting, preening,
bathing, flying, aggression, walking);
e. Landscape features(s) where piping plovers and/or red knots are located (e.g.,
inlet spit, tidal creeks, shoals, lagoon shoreline);
f. Habitat features(s) used by piping plovers or red knots when observed (e.g.,
intertidal, fresh wrack, old wrack, dune, mid -beach, vegetation);
g. Substrata used by piping plovers and red knots (e.g., sand, mud/sand, mud, algal
mat);
h. The amount and type of recreational use (e.g., people, dogs on or off leash,
vehicles, kite -boarders); and
i. All other shorebirds/waterbirds seen within the survey area.
All information shall be provided in an Excel spreadsheet. Monitoring results shall be
submitted (datasheets, maps, database) on standard electronic media (e.g., CD, DVD) to
the Service for each year in which monitoring is completed. Please see REPORTING
REQUIREMENTS, below.

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4. If work extends past March 31, the Applicant or Corps shall implement the following
breeding waterbird protection and monitoring program to delineate and manage an area
for potential waterbird use; provide educational and cautionary signage along the
delineated perimeter; minimize disturbance from construction activities within the
delineated area; and monitor waterbird nesting activities in the delineated area.
a. All available suitable waterbird nesting habitat (outside of the active construction
area) on the south end of Wrightsville Beach will be marked with 1 in x 2 in (or
larger) posts with signage, and connected with a highly visible line. The signs (at
least every third post) will concisely inform readers that the delineated area is
maintained for potential waterbird usage.
b. A buffer of at least 100 yards between the rope and the closest nest shall be
maintained, as long as it does not impact emergency or construction vehicle
access. In areas where there is not 100 yards of beach to form a buffer between
the nest and MHW, the posting will be placed as far from the nest as possible,
while allowing a corridor above MHW for emergency and construction vehicle
access. Any modifications to the posted area that do not comply with the
language of this Item (4(b)) must be approved by the Service.
c. The posted area will be assessed daily during construction, and for at least two
weeks after construction and demobilization is complete, to monitor and protect
waterbird breeding territories, nests (scrapes), eggs, and fledglings. If no nests
(scrapes) are documented before construction and demobilization is completed,
then monitoring may cease immediately upon completion of demobilization. The
posted area must remain in place until the end of the nesting season, regardless of
the date that monitoring stops.
d. During the assessment period discussed in Item 4(c), above, waterbird nesting
surveys will be conducted to determine the nesting activity and nesting
productivity of bird species that use the inlet area as nesting habitat. Waterbird
nesting areas north of Masonboro Inlet will be identified and monitored from
April 1 until at least two weeks after construction and demobilization is complete.
If no nests (scrapes) are documented before construction and demobilization is
completed, then monitoring may cease immediately upon completion of
demobilization.
e. The posted area should be monitored daily for the entire monitoring period (two
weeks past demobilization). Monitoring may be conducted using a spotting scope
or binoculars while scanning from the periphery of the posted area so nesting
territories remain undisturbed.
f. During each survey, the number of breeding pairs by species should be recorded,
along with the type of activity exhibited (courting, territorial behavior, nest
building, incubation, etc.), general location and type of habitat used.
g. During each survey, number of chicks by species should be recorded along with
general location and types of habitat used. If piping plover nesting activity is

-14-
present on the site, data collection will include (USFWS, 1996a):
• Dates monitoring began and ended;
• Nesting chronology (dates when plovers were first seen on the site, nest
establishment dates, dates when unfledged chicks are present);
• Location of nests and brood foraging territories;
-Known or suspected causes of any nest or chick loss;
•Indicators of predator abundance;
•Locations of commonly used foraging areas during each stage of the
breeding cycle; and
-Use of the site by post -breeding or migrating plovers.
h. Reproductive success should be determined per species. Number of documented
breeding pairs and number of documented chicks may be used to determine the
general level of reproductive success.
Terms and Conditions — Sea Turtles
1. 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 North Carolina
Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered compatible.
2. 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 and/or its
contractors to determine the appropriate plan of action.
3. 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 permittee will be responsible to collect the data. Data collected by the
permittee for each nest should include, at a minimum, the information in the table, below.
This information will be provided to the Service's 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.

-15-
Parameter
Measurement
Variable
Number of False
Visual Assessment of
Number/location of false crawls in nourished areas;
Crawls
all false crawls
any interaction of turtles with obstructions, such as
sandbags or scarps, should be noted.
False Crawl
Categorization of the
Number in each of the following categories:
Type
stage at which nesting
23. Emergence - no digging;
was abandoned
24. Preliminary body pit;
25. 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.
4. 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's Raleigh Field Office.
5. 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 dry 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 I 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

-16-
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's Raleigh
Field Office.
e. These conditions will be evaluated and may be modified if necessary to address
and identify sand compaction problems.
6. A report describing the fate of observed sea turtle nests and hatchlings and any actions
taken, must be submitted to the Service's Raleigh Field Office following completion of
the proposed work for each year when a sand placement activity has occurred. Please see
REPORTING REQUIREMENTS, below.
Terms and Conditions — Seabeach Amaranth
1. The Corps' seabeach amaranth monitoring program shall continue as described in the
April 19, 1993 BO for the effects of nourishment on Wrightsville Beach.
2. For at least five years following each beach disposal, monitoring of the project area shall
be conducted annually to determine the status of the seabeach amaranth populations and
the effects that beach disposal has on this species. Corps surveys should be conducted in
August or September so that the number of plants reaching reproductive age can be
determined.
3. A Corps report describing the seabeach amaranth survey and results should be submitted
to this office 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 beach disposal areas. Please see REPORTING REQUIREMENTS,
below.
4. 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 Term and Condition 5). No tilling should be conducted in the immediate
areas where seabeach amaranth plants are growing.
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, 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 in the annual report. 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]

-17-
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 [phone]. 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
injury.
Jason Keith
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
[phone], extension 34
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 BO;
(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.
For this BO, the incidental take will be exceeded when the placement of dredged material
extends beyond the project's authorized boundaries (16,200 if of beach). Incidental take of an
undetermined number of adult, young, or eggs of sea turtles, piping plovers, and red knots has
been exempted from the prohibitions of section 9 by this opinion.

-18-
Attachment B
BATCHED BIOLOGICAL OPINION
Wrightsville Beach Coastal Storm Damage Reduction Project
Insert here

-19-
Attachment C
Endangered Species Act US Fish and Wildlife Service (USFWS)
Jurisdiction
n
REASONABLE AND PRUDENT MEASURES
The Service believes the following reasonable and prudent measures (RPMs) are necessary and
appropriate to minimize take of piping plovers, red knots, seabeach amaranth, and sea turtles.
Unless specifically addressed below, these RPMs are applicable for the dredging and placement
of sand for the life of the permit (New Hanover County), or for the life of the project (Corps).
The RPMs are separately applicable to both New Hanover County and the Corps. If unable to
comply with the RPMs and Terms and Conditions, the Corps, as the regulatory authority or
funding agency, may inform the Service why the RPM or Term and Condition is not reasonable
and prudent for the specific project or activity and request exception under the BO.
RPMs — All Species
1. For the life of the permit, 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. Additional RPMs and terms and conditions will
likely be required if work extends into the sea turtle nesting season.
2. 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.
3. Conservation Measures included in the permit applications/project plans must be
implemented in the proposed project. If an RPM and Term and Condition address the
same requirement, the requirements of the RPM and Term and Condition take precedence
over the Conservation Measure.
4. Predator -proof trash receptacles must be installed and maintained at all beach access
points used for the project construction, to minimize the potential for attracting predators
of piping plovers, red knots, and sea turtles.
5. Pipeline placement must be coordinated with North Carolina Division of Coastal
Management (NCDCM), the Corps, the Service's Raleigh Field Office, and the North
Carolina Wildlife Resources Commission (NCWRC).

-20-
6. 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.
RPMs - Piping Plovers and Red Knots
1. 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.
RPMs — Loggerhead, Green, Leatherback, Hawksbill, and Kemp's Ridley Sea Turtles
1. Beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence shall be used for sand placement.
2. 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 its contractors to determine the appropriate plan of action.
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 organizations, other agencies, etc.) is acceptable.
4. 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.
5. 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.
6. A report describing the fate of observed sea turtle nests and hatchlings and any actions
taken, must be submitted to the Service's Raleigh Field Office following completion of
work for each year when a sand placement activity has occurred.

-21-
RPMs — Seabeach Amaranth
1. The Corps' annual seabeach amaranth monitoring program shall continue as described in
the conservation measures.
TERMS AND CONDITIONS
In order to be exempt from the prohibitions of section 9 of the ESA, the Corps must comply
with the following terms and conditions, which implement the RPMs, described above and
outline reporting/monitoring requirements. These terms and conditions are non -discretionary.
Unless addressed specifically below, the terms and conditions are applicable for maintenance
dredging and placement of sand for each project, for the life of New Hanover County's permit
and the life of the Corps project.
Terms and Conditions — All Species
1. 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. Additional RPMs and terms and conditions
will likely be required if work extends into the sea turtle nesting season or farther into
waterbird nesting season.
2. 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.
Conservation Measures included in the permit applications, project plans, and
biological assessment must be implemented in the proposed project. If an RPM and
Term and Condition address the same requirement, the requirements of the RPM and
Term and Condition take precedence over the Conservation Measure.
4. Predator -proof trash receptacles must be installed and maintained during construction at
all beach access points used for the project construction and any maintenance events, to
minimize the potential for attracting predators of piping plovers, red knots, and sea
turtles. All contractors conducting the work must provide predator -proof trash
receptacles for the construction workers. All contractors and their employees must be
briefed on the importance of not littering and keeping the Action Area free of trash and
debris. See the Appendix for examples of suitable receptacles.
5. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's
Raleigh Field Office, and the NCWRC.

-22-
6. 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.
Terms and Conditions — Piping Plovers and Red Knots
1. 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 antagonizing shorebirds while allowing them to exit the
area.
2. If project -related activities will potentially adversely affect nesting waterbirds or active
nesting habitat, the Corps or Applicant must coordinate with the Service and NCWRC
prior to proceeding.
Terms and Conditions — Sea Turtles
1. 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 North Carolina Technical Standards for Beach Fill (15A NCAC
07H .0312) is considered compatible.
2. 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 and/or its contractors to determine the appropriate plan of
action.
3. 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

-23-
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 permittee will be responsible to collect
the data. Data collected by the permittee for each nest should include, at a minimum,
the information in the table, below. This information will be provided to the
Service's 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 False
Visual Assessment of
Number/location of false crawls in nourished areas;
Crawls
all false crawls
any interaction of turtles with obstructions, such as
sand bags or scarps, should be noted.
False Crawl
Categorization of the
Number in each of the following categories:
Type
stage at which nesting
26. Emergence - no digging;
was abandoned
27. Preliminary body pit;
28. 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 Impacts
Disoriented sea turtles
The number of disoriented hatchlings and adults.
4. 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

-24-
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's Raleigh Field Office.
5. 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 dry 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.
• 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.
• 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.
• 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.
• A summary of the compaction assessments and the actions taken shall be
included in the annual report to NCDCM, the Corps, and the Service's Raleigh
Field Office.
• These conditions will be evaluated and may be modified if necessary to address
and identify sand compaction problems.
6. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken,
must be submitted to the Service's Raleigh Field Office following completion of the proposed
work for each year when a sand placement activity has occurred. Please see REPORTING
REQUIREMENTS, below.
Terms and Conditions — Seabeach Amaranth
1. The Corps' annual seabeach amaranth monitoring program shall continue as
described in the conservation measures.
2. A Corps report describing the seabeach amaranth survey and results should be
submitted to this office 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 beach disposal areas.
Please see REPORTING REQUIREMENTS, below.

-2-
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 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 [phone]. 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 injury.
Jason Keith
U.S. Fish and Wildlife
Service 551-F Pylon Drive
Raleigh, NC 27606
[phone], extension 34

-3-
Attachment D
BATCHED BIOLOGICAL OPINION
Carolina and Kure Beach Coastal Storm Damage Reduction Proiect
Insert Here

-4-
Attachment E
Endangered Species Act Nation Marine Fisheries Service (NMFS)
Jurisdiction
Permit Conditions for 2020 SARBO Proiect Design Criteria (PDC)
For all activities:
(ED1) All personnel associated with this project shall be instructed about the potential presence
of species protected under the ESA and MMPA and the appropriate protocols if they are
encountered including those in the PSO conditions listed below.
(ED2) All on -site project personnel are responsible for observing water -related activities for the
presence of ESA -listed species.
(ED3) All on -site project personnel will be informed of all ESA -listed species that may be
present in the area and advised that there are civil and criminal penalties for harming, harassing,
or killing ESA -listed species or marine mammals.
(ED4) All on -site project personnel will be briefed that the disposal of waste materials into the
marine environment is prohibited. All crew will attempt to remove and properly dispose of all
marine debris discovered during dredging operations, to the maximum extent possible.
All In -water Activities:
(INWATERI) All work, including equipment, staging areas, and placement of materials, will be
done in a manner that does not block access of ESA -listed species from moving around or past
construction.
(INWATER2) Equipment will be staged, placed, and moved in areas and ways that minimize
effects to species and resources in the area, to the maximum extent possible. Specifically:
• All vessels will preferentially follow deep -water routes (e.g., marked channels) to avoid
potential groundings or damaging bottom resources whenever possible and practicable.
• Barges, scows, and other similar support equipment will be positioned away from areas
with sensitive bottom resources such as non -ESA -listed seagrasses, corals, and
hardbottom, to the maximum extent possible.

-5-
• Pipelines will be placed in areas away from bottom resources and of sufficient size or
weight to prevent movement or anchored to prevent movement or the pipeline will be
floated over sensitive areas.
(INWATER3) All work that may generate turbidity will be completed in a way that minimizes
the risk of turbidity and sedimentation to non -ESA -listed non -mobile species (e.g., non -ESA -
listed corals, sponges, and other natural resources) to the maximum extent practicable. This may
include selecting equipment types that minimize turbidity and positioning equipment away or
downstream of non -mobile species.
(INWATER4) If turbidity curtains are used, barriers will be positioned in a way that does not
block species' entry to or exit from designated critical habitat and does not entrap species within
the construction area or block access for them to navigate around the construction area. Project
personnel must take measures to monitor for entrapped species in areas contained by turbidity
curtains and allow access for them to escape if spotted.
(INWATER5) If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup
buoy lines, or for turbidity curtains):
• In -water lines (rope, chain, and cable) will be stiff, taut, non -looping. Examples of such
lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible
in -water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed
in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or
tangling. In all instances, no excess line is allowed in the water.
• All lines or cables will be immediately removed upon project completion.
• All in -water lines and materials will be monitored regularly to ensure nothing has become
entangled.
• Cables or lines with loops used to move pipelines or buoys will not be left in the water
unattended.
Cutterhead Dredge:
(CUTTERI): The cutterhead will not be engaged/turned on when not embedded in the sediment,
to the maximum extent possible.
Hopper Dred2in2:
(HOPPERI) During all hopper dredging operations, NMFS-approved Protected Species
Observers (PSOs) will monitor for the presence of ESA -listed species. The dredge operator will
maintain a safe working environment for the PSO to access and effectively monitor inflow
screening, overflow screening, and dragheads for incidental take of ESA -listed species and
associated bycatch after every load. All new hopper dredge vessels or modifications made to
existing vessels must be designed to allow safe access to and/or visibility of all collected material
in both the inflow box and overflow screening areas so that the PSO is able to inspect the
contents after every load for evidence of ESA -listed species. The appointed contact (e.g., Quality

in
Assurance Representative or the Contractor) will immediately notify the USACE who will notify
the SARBO Team if conditions limit the ability to safely monitor dredging operations.
Draghead Observation: Upon completion of each load cycle, dragheads will be monitored as the
draghead is lifted from the sea floor and placed on the saddle in order to assure that ESA listed
species that may be impinged within the draghead are observed and accounted for. The PSO, or
designated dredge crew member under the guidance and supervision of the PSO when safety is
of concern, must physically inspect dragheads for evidence of ESA -listed species take after every
load.
Inflow screening Observation:
• Inflow screening must be designed to capture and retain material for the PSO to monitor for the
presence of ESA -listed species. The screened area must be accessible to the PSO to ensure 100%
observer coverage. The PSO must inspect the contents of all inflow screening boxes after every
load, including opening the box (where applicable and safely accessible) and looking inside at
all contents for evidence of ESA -listed species entrainment. If the contents are not clearly visible
and identifiable from a location outside of the box, then in limited instances, the PSO may be
required to enter the inflow box to identify contents for evidence of ESA -listed species take.
• All hopper dredges are required to have 100% inflow screening unless they must be removed
for safety due to clogging as outlined below.
• Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a
larger screen size if clogging reduces the ability for the PSO to monitor the inflow for the
presence of ESA -listed species or if clogging reduces dredging production and thereby
expands the time dredging is required. Scenarios that may result in the clogging of inflow
and overflow screens are dredge and project specific.
• All modifications will be made in close coordination with the dredging contractor, PSO,
appropriate USACE and/or BOEM project managers, and NMFS. The USACE and/or
BOEM will provide NMFS with a notification when screen sizes are increased, or inflow
screens are removed that will include an explanation of what attempts were made to
reduce the clogging problem, how long the problem may persist, and how effective
overflow screening will be achieved.
• If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to
clogging, the USACE and/or BOEM will continue to reevaluate the risk of clogging on a
load by load basis and the inflow screens will be reinstated when clogging is no longer
occurring. The USACE will track the number of loads that inflow screens were removed
as part of the reporting requirements.
• Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to
inspection by the PSO for evidence of ESA -listed take.
• If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or
flushed unless overflow screening that captures contents for observation by the PSO is
operational and monitored for evidence of take. Once overflow screening is operational, PSOs
shall also visually monitor box contents as they are dumped or flushed into the hopper.

Overflow Screening Observations:
• All hopper dredges are recommended to have operational overflow screening and monitor for
take after each load. Overflow screening is required to be installed and monitored after each load
if the inflow screening is removed or bypassed due to clogging.
• Overflow screening must be designed to capture and retain material larger than the screen size
for the PSO to monitor for the presence of ESA -listed species. The screened area must be
accessible to the PSO to inspect for evidence of ESA -listed species take.
• Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging
reduces the ability for the PSO to monitor the screen for the presence of ESA -listed species or if
clogging reduces dredging production and thereby expands the time dredging is required. All
modifications will be made in close coordination with the dredging contractor, PSO, appropriate
USACE and/or BOEM project managers, and NMFS. If screen sizes are increased due to
clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be
reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch)
when clogging is no longer occurring.
(HOPPER2) To prevent impingement or entrainment of ESA -listed species within the water
column, dredging pumps will be disengaged by the operator when the dragheads are not actively
dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be
disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting
dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or
other system that would allow pumps to remain engaged but result in no suction passing through
the draghead. This dredge modification (when employed) is commonly referred to as a turtle
bypass valve. This precaution is especially important during the cleanup phase of navigation
dredging operations to remove remaining high spots or when a shallow veneer of compatible
sediment remains within a borrow area; thus limiting overdepth dredging and plowing efficacy
of the turtle deflector. In these example circumstances, the draghead may frequently come off the
bottom and can suck in turtles/sturgeon resting or foraging in shallow depressions.
(HOPPER3) Pumping water through the dragheads is not allowed while maneuvering or during
travel to/from the disposal or pump out area. The dredge operator will ensure the draghead is
embedded in sediment when pumps are operational, to the maximum extent practicable.
(HOPPER4) All waterport or other openings on the hopper dredge are required to be screened to
prevent ESA -listed species from entering the dredge.
(HOPPERS) A state-of-the-art solid -faced deflector that is attached to the draghead must be used
on all hopper dredges at all times.
Munitions and Explosive Screening
(MEC3) If MEC screening is used, screening will be monitored and USACE will be notified of
any potential ESA -listed species takes identified in the beach outflow screening box.

in
PSO and Reporting:
(OBSERVEI) For generally stationary construction with work contained to a specific project
area, such as mechanical dredging equipment:
• All personnel working on the project will report ESA -listed species observed in the area
to the on -site crew member in charge of operations.
• Operations of moving equipment will cease if an ESA -listed species is observed within
150 ft of operations by any personnel working on a project covered under this Opinion
(e.g., sea turtles, sturgeon, elasmobranchs [giant manta ray, scalloped hammerhead shark,
oceanic white tip shark] or ESA -listed marine mammal).
• Activities will not resume until the ESA -listed species has departed the project area of
its own volition (e.g., species was observed departing or 20 minutes have passed since the
animal was last seen in the area).
(OBSERVE2) For a vessel underway, such as a hopper dredge or support vessel, traveling within
or between operations must follow speed and distance requirements, defined below, while
ensuring vessel safety:
• All personnel working onboard will report ESA -listed species observed in the area to
the vessel captain.
• If an ESA -listed species is spotted within the vessel's path, initiate evasive maneuvers
to avoid collision.
(OBSERVE.3) Report sightings (not encountered, collided with, or injured by a project covered
under 2020 SARBO) of the following species:
• North Atlantic Right whale: As defined in the North Atlantic Right Whale Conservation Plan
(Appendix F) and the reporting requirements in the 2020 SARBO Section 2.9.
(OBSERVER) Any collision(s) with an ESA -listed species must be immediately reported to the
USACE and/or BOEM according to their internal protocol and to NMFS consistent with the
reporting requirements in the 2020 SARBO Section 2.9. A vessel collision with an ESA -listed
species is counted as take for the project. In addition, reports of certain species shall also be reported
as listed below. A link to the most current contact information will also be available at
(SERODredge(c�noaa.gov).
• Sea turtle take will also be reported to the appropriate state species representative
(https://www. fisheries.noaa.gov/state-coordinators-sea-turtle-stranding-and-salvage-network).
(OBSERVE5) Any collision with a marine mammal will be reported immediately to the
Southeast Regional Marine Mammal Stranding hotline at 1-877-WHALE-HELP (1-877-942-
5343).
All handling, tagging, and/or genetic sampling of ESA -listed species captured will be conducted
by a PSO that meets the qualifications provided by NMFS.

In
(PSO1) Protected Species Training and Experience: PSOs selected to work on will meet the
following requirements:
• PSOs will meet the training and experience requirements outlined by NMFS. PSO
qualifications are confirmed by the NMFS Greater Atlantic Region Office, as defined on
their website (https://www.fisheries.noaa.gov/new-england-mid-atlantic/careersandopportunities/
protected -species -observers) for endangered species observers. A link to
the current NMFS PSO qualifications will also be available on the NMFS SARBO
webpage ([e-mail]).
• PSOs will be trained and have experience to operate on the specific equipment they are
aboard (e.g., hopper dredge, relocation trawler, G&G survey vessel). PSO will have
training and/or experience to identify and handle all species that may occur in the
geographic area of the project.
• PSO will be trained to safely install the specific tags being used and or collect genetic
samples.
• ESA -listed species -specific safe handling procedures, tagging procedures, and genetic
sampling procedures must be followed, as outlined in these PSO conditions. The most
current procedures will be available on the NMFS SARBO webpage
([e-mail]). The PSO must carry a copy of the PSO PDCs and all other
applicable PDCs while on the vessel for easy reference.
(PS02) To minimize the risk of vessel collisions, a PSO trained in species observation is also
responsible for monitoring for the presence of ESA -listed species when the vessel is in motion
and must therefore have the training and experience needed to identifying ESA -listed species and
marine mammals in their natural environment.
PSOs working on a relocation trawler or hopper dredge. The PSO is also responsible for all other
duties outlined in the conditions described for hopper dredging. If an ESA -listed species is
observed injured or dead during other forms of dredging or material placement, this guidance
also applies (e.g., observed during beach sand placement, in an upland disposal area, and while
mechanical or cutterhead dredging).
(PS03) PSOs coverage requirements are required to monitor for ESA -listed species as described
below. PSOs on any project will not be assigned any other task (i.e., captain or other vessel crew
position or task) while performing the role of PSO:
• Hopper dredging:
• More than I PSO will be aboard the hopper dredge at all times.
• The PSO on -duty is responsible for personally monitoring, handling, and reporting
all captured ESA -listed species at all times when the hopper dredge is operating
and follow the requirements of this Opinion including the hopper dredging PDCs

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in Appendix B, Section 3.
• The PSOs will stand watch to detect ESA -listed species in the area and to alert the
captain of their presence to avoid vessel collision whenever the vessel is moving.
The on -duty PSO will only be responsible for standing watch and not performing
other tasks such as inspecting or handling captures when the vessel is in motion.
(PSO4) Reporting Captures to NMFS: All nonlethal captures and dead ESA -listed species
observed or collected during a project will be recorded and reported to NMFS according to the
procedures outlined in the 2020 SARBO. The captures will be recorded as follows:
Nonlethal take:
• ESA -listed species captured and released back into the wild alive and healthy,
will be considered nonlethal take.
• If a sea turtle is entrained in a hopper dredge and is retrieved alive, the specialist
such as a state sea turtle coordinator or sea turtle rehabilitation center specialist
must be contacted to determine how the turtle should be handled (e.g., euthanized
or taken to a rehabilitation facility). The take for a live turtle entrained in a hopper
dredge is considered lethal until deemed healthy after an evaluation or
rehabilitation and released back into the wild, then the take can be revised to be
nonlethal.
• If a sea turtle is captured in relocation trawling and is deemed unhealthy or
injured and requires being sent to a specialist for further evaluation, the take is
considered nonlethal, unless the species cannot be released back into the wild or
dies, in which case the take must be updated to a lethal take.
• Lethal take: All ESA -listed species that are captured that are determined to be fresh dead,
will be considered lethal take associated with the project and counted under the total
allowed take for the 2020 SARBO. This includes the capture of ESA -listed species in
relocation trawling or found within the project area including material removal and
material placement areas. An explanation of how to determine if a species is fresh dead or
decomposed and how to handle and report the specimen is provided in PSO PDC Section
4 below.
• Recovered dead: All ESA -listed species captured or observed in the project area that are
decomposing will be considered a recovered specimen and will not be counted against
the 2020 SARBO Incidental Take Statement. An explanation of how to determine if a
species is fresh dead or decomposed and how to handle and report the specimen is
provided in PSO PDC Section 4 below.
• Report captures to other agencies:
• Sea turtles: All captures will be reported to the appropriate state species

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representative including live, fresh dead, and recovered dead
(https://www. fisheries.noaa.gov/state-coordinators-sea-turtle-strandingandsalvage-
network).
• Giant manta ray will be reported to [e-mail].
(PS05) Photo Documentation: Photograph all captured ESA -listed species for identification
purposes and classify sex where applicable (e.g., sea turtles). In addition, take photographs of all
injuries to ESA -listed species and provide a high -resolution digital image with the take reporting
forms as part of the reporting requirements, as follows:
• All injured, deceased, or otherwise debilitated sea turtles encountered during the course
of dredging operations, whether intact, damaged, or partial remains, are thoroughly
photographed.
• All surfaces should be clearly represented in the photos with both wide vantage and
close-up images that portray any injuries and postmortem condition (if deceased).
• Minimally, this includes multiple images of the dorsal (top) and ventral(bottom) aspects
of each specimen taken from different angles and perspectives.
• An identification placard and scale should appear in the images but should not obscure
the specimen, injury, or specific area of interest. The identification placard will include
the location of capture, date, time, and species. In addition, the time settings on the
camera should be current so that the time stamp within the photo metadata is accurate.
• For any live capture that is injured or otherwise debilitated and will be taken to a
rehabilitation facility, photographs can be delayed in order to minimize stress and risk of
further injury prior to veterinary examination.
• For deceased specimens, photos will be taken within 2 hours following discovery so that
postmortem state in the images accurately portrays the condition at the time of discovery.
(PS06) Written Documentation: Document all relevant details of the capture according to the
reporting requirements listed below in Take Reporting Requirements, (Pages 25 &26 (e.g.,
species, size, sex, condition upon release, location of capture, and time of capture) that can be
observed or measured by the PSO without causing harm to the animal.
(PS07) Tagging: Nonlethal captures of ESA -listed species will be tagged according to the
following requirements. Tagging requirements only apply to those ESA -listed species that are
brought aboard a relocation trawler or those captured and ultimately released alive from a hopper
dredge after being evaluated by a specialist and/or rehabilitated.
• Scanning: All ESA -listed species (live and dead) and/or species parts captured by a
hopper dredge or brought aboard a relocation trawler will be scanned for passive

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integrated transponder (PIT) tags to determine if the animal has been previously tagged.
The presence of any external tags (e.g., flipper tags, dart tags) will also be noted. All
previous tag numbers must be recorded and reported on the appropriate forms outlined
for each species in the attached document titled Species Handling, Tagging and Genetic
Sampling.
• Tagging: All ESA -listed species captured alive and in good health by a hopper dredge or
brought aboard a relocation trawler that are scanned and lack a previous pit tag, will be
PIT tagged according to the specific species procedures identified in the attached
document titled Species Handling, Tagging and Genetic Sampling. Additional external
tags (e.g., flipper tags) are optional. The cost associated with tagging is the responsibility
of the federal action agency overseeing the project (i.e., USACE or BOEM) or the
company awarded the contract.
(PSO8) Genetic Sampling: All nonlethal and lethal captures of ESA -listed species will have
genetic samples taken except:
• Live ESA -listed species that are not brought aboard a relocation trawler (PSO PDC
Section 3.2).
• Any leatherback sea turtles, even if brought aboard the vessel to untangle and safely
release.
• Any shortnose sturgeon.
• If the PSO believes that collecting a sample would imperil human or animal safety. The
rationale for this decision will be recorded on the species observation form and available
digitally as part of the reporting requirements.
(PSO 9) Genetic samples will be collected according to the handling procedures defined for each
species in the attached document title Species Handling, Tagging, and Genetic Sampling.
• A tissue sample will be collected from any dead ESA -listed species. If multiple dead
animal parts are found, a sample will be collected from all parts that are not connected to
one another regardless of whether the tissues are believed to be from the same turtle. For
example, if part of a sea turtle flipper and a detached head are found at the same time, a
sample from each part will be collected for genetic analysis.
• All genetic samples will be preserved in RNAlaterTM preservative. Once the sample is in
buffer solution, refrigeration/freezing is not required, but care should be taken not to
expose the sample to excessive heat or sunlight. Label each sample with the animal's
unique identification number (PIT tag number). Since giant mantas will not be pit tagged, label
any samples collected with the date, project name, and species name. Do not use
glass vials; a 2-millimeter screw top plastic vial is preferred (e.g., MidWest Scientific
AVFS2002 and AVC100N). Gently shake the sample to ensure the solution covers the
entire sample.
• Genetic samples will be mailed to the addresses listed below with information provided in
the container stating the sample was collected under the 2020 SARBO (Project name,
SARBO SER-2008-05934). Package the genetic samples with an absorbent material

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within a double -sealed container (e.g., zip lock bag). If more than 1 sample is being sent
to an address, package all of the samples together. The cost associated with taking the sample
and delivering it to the appropriate entity listed below is the responsibility of the federal action
agency overseeing the project (i.e., USACE or BOEM) or the company awarded the contract.
o Sea turtles: Sea Turtle Program NOAA Southeast Fisheries Science Center Attn: Lisa
Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. Contact number: 305-361-4212
[e-mail].
o Sturgeon: Geological Survey Leetown Science Center, Attention Robin Johnson,
Aquatic Ecology Branch, 11649 Leetown Road, Kearneysville, West Virginia 25430.
o Elasmobranchs: NOAA Southeast Fisheries Science Center, Attention Dr. John
Carlson, National Marine Fisheries Service, Panama City Laboratory, 3500 Delwood
Beach Rd, Panama City, Florida, 32408).
(PSO10) Atlantic Sturgeon Genetic Sampling Testing Requirements:
• The permittee is responsible for the cost to analyze/test genetic samples from Atlantic
sturgeon captured to determine the DPS of Atlantic sturgeon captured (live and dead
captures).
• Atlantic sturgeon genetic samples will be recorded on and submitted with the Sturgeon
Genetic Sample Submission spreadsheet available on the NMFS dredging webpage
https://www.fisheries.noaa.gov/content/southeast-dredging. This form should indicate in
the "comment field" if the Atlantic sturgeon was previously PIT tagged. A copy of that
reporting spreadsheet will also be sent to NMFS ([e-mail]), the
genetic sampling address in PDC PSO.8 above along with the sample, and to
mike—[e-mail].
PSO handling of ESA -listed species captured during relocation trawling, including a flow chart
summarizing how to handle different species and text describing the general handling guidance,
the order to release species if multiple ESA -listed species are captured in trawling, and where
they should be released.
(PSO13) Riverine Relocation Trawling: Relocation trawling is not authorized within rivers. The
start of a river is not defined and varies by location and should be determined by best
professional judgment. When in doubt, NMFS may be contacted for clarification.
(PSO16) Dead ESA -listed species collected within the area of work will be rated as fresh dead
or decomposed and documented as described in PSO4 (Page 20 above). The determination of a
specimen's condition (fresh dead or decomposed) is as follows:
• Decomposed specimens are those that exhibit obvious bloating (expansion of the body or
tissues by putrefactive gases); detachment of skin upon handling; or liquefaction of
organs and tissues. Examples of decomposition in sea turtles are provided in the attached
document titled Decomposition Examples. Foul odor alone is not considered definitive
evidence of decomposition.

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• If it is not clear whether the specimen is fresh dead or decomposed, the specimen will be
retained for further examination by an individual that has demonstrated expertise in sea
turtle necropsy and forensic pathology. Such examinations typically include complete
gross examination and selective histopathology, depending on postmortem condition.
Individuals that will conduct examinations should be identified prior to the onset of
dredging operations along with the necessary logistical planning for transportation and
storage needs. The associated stranding coordinator for the state or region of the
operation may be able to advise or assist in this regard as such needs are regularly
required during stranding response. NMFS retains the right to review evidence or seek
the opinion of an expert if a take determined to be decomposed should have been listed as
fresh take and take associated with the project.
(PSO18) Dead ESA -listed species and species parts that need further examination by a specialist
to determine the cause of death will be refrigerated, iced, or frozen as soon as possible, (must be
iced or frozen no more than 2 hours from discovery). The timeline from discovery to transfer for
examination, including ambient temperature, must be thoroughly documented. Whether the
carcass/part is refrigerated or frozen will depend on predetermined logistical parameters for a
given project. In general, a carcass/part may be kept refrigerated or iced, but not frozen if it will
be examined within 48 hours. Remains may be frozen if examination will be delayed or
maintaining refrigeration is not possible for any reason.
• Dead turtles: Follow the protocol outlined on the Protocol for Collecting Tissue From
Dead Turtles for Genetic Analysis
(https://dgm.usace.army.mil/odess/documents/geneticsampleprotocol.Ddf). If a revised
document is released, the PSO is required to follow the revised protocols. This document
and any revisions will also be available on the NMFS dredging webpage
(https://www.fisheries.noaa. gov/content/southeast-dredging).
• Dead sturgeon specimens will be reported to 1-844-STURG911 (1-844-788-7491) and
via the Sturgeon Salvage Form (available on our Dredging website at:
https://www.fisheries.noaa.gov/content/southeast-dredging). In addition, a fin clip and a
fin ray will be collected in accordance with the Genetic Sampling Collection
Requirements described in (PSO3) above the genetic submission form (available on our
Dredging website at: https://www.fisheries.noaa.gov/content/southeast-dredging).
• Dead elasmobranchs specimens will be stored as described in X (PSO16) above until
advised how to dispose of or provide to Dr. John Carlson, NOAA Fisheries, Panama City
Laboratory at 1-850-234-6541 x 221.
Take Reporting_ Requirements
The following details will be reported when take occurs associated with this project. This
required information applies to lethal and nonlethal take of all species. The following
information will be provided to the USACE and NMFS:

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1. Location of take (latitude and longitude if possible or estimated based on the portion of project
where work is occurring such as a specific portion of an entrance channel, pass, or borrow site)
2. Tow number when take occurred during relocation trawling or dredge load number if take
occurred during hopper dredging.
3. Protected Species Observer/s that observed and handled the take: Observer name/company
and contact information.
4. Species take must be tracked by total number (e.g., 3 loggerhead sea turtles). Atlantic sturgeon
must be reported by District Population Segment (DPS). Project take details can initially state
Atlantic sturgeon DPS unknown, but must be updated to known DPS when the genetic sample is
processed, which will occur within 1 year of take. If the observed remains of a sea turtle cannot
be identified by species, recording the take as unknown sea turtle is appropriate. Unknown
sturgeon will require genetic testing to determine if it was an identifiable DPS of Atlantic
sturgeon.
5. Previous animal identification/tracking tag information (internal and external tags), if any.
6. New passive integrated transponder (PIT) Tag information, if inserted according to the PSO
conditions.
7. Genetic sample collected, if applicable under PSO conditions.
8. Age class of species take based on size (e.g., juvenile, adult).
9. Specimen Condition (e.g., alive, fresh dead, or decomposed. While decomposed animals are
not counted as take associated with the project, they will still be recorded and reported with the
project take.
10. Final disposition (e.g., released at site, relocated, rehabilitation and outcome once known,
necropsy, disposal).
11. Species gender (if known).
12. Species size/length.
13. Beaufort state at the time of take.
14. Water temperature at the time of take -recorded at the water's surface in marine environments
and at the bottom in estuarine and riverine environments.
15. Notes about species condition: Any additional relevant information regarding take of ESA -
listed species including turtles with Fibropapillomatosis disease, previous wounds, or multiple
ESA -listed species captured in same net.
16. Notes about site condition anomalies: Any observations by PSO or crew that may lead to
increased captures or deposition of capture including presence of other species like cannonball
jelly fish or regional conditions such as large storm or dramatic change in temperature like a
recent cold snap.
17. If the take occurred during hopper dredging:
a) List the location where take was identified (e.g., draghead, inflow box, overflow box).
b) Provide the screening in place at the time of take. Were both inflow and overflow
screening used? List the size of screening used for both.
c) State if UXO/MEC screening was installed at time of take.

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Attachment F
Dredge Plant Conditions
Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants
1. Reporting requirements:
a. Pre -Construction Notification: At least 2 weeks prior initiating the work
authorized by this permit, the Permittee shall submit a completed "SARBO
Pre -Construction Notification" form (see form below) to the following
emails: RD. SARBO. GRBO(a�usace.army. miI and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes). Upon receipt of the
notification form, you will receive a list of the Corps primary points of
contact for reporting turtle take/incidents. If the permit authorizes multiple
work events, the Permittee must submit the SARBO Pre -Construction
Notification prior to each event.
b. Take Reporting: All lethal and nonlethal take associated with a project
covered under SARBO will be reported within 48 hours. Project details
related to take that will be reported by completing "SARBO Take
Reporting" form (see form below) and sent to the following emails:
RD.SARBO.GRBO(a)usace.army.mil and [e-mail]. The
checklist must be completed using the form function (i.e. do not handwrite
or create text boxes).
c. Post -Construction Reporting: Within 30 days of completing the work
authorized by this permit, the Permittee shall submit a completed "SARBO
Post -Construction Notification" form (see form below) to the following
emails: RD.SARBO.GRBO(a)usace.army.mil and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes).
2. Deflector Device Submittal: The Permittee shall ensure drawings of the
proposed sea turtle deflector device and the completed "Hopper Dredge
Deflector Device Checklist" form (see form below) and all required
documentation are submitted to the Corps at least 30 days prior to initiating the
authorized work to the addresses listed in the Reporting Special Condition. No
dredging shall be performed by a hopper dredge without the inclusion of an
approved, rigid, sea turtle deflector device. The Permittee shall not commence

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hopper dredging until approval of the sea turtle deflector device has been
granted by the Corps. A copy of the approved drawings, calculations, and signed
"Hopper Dredge Deflector Device Checklist" form shall be available on the vessel
during dredging operations.
3. Pre -Dredging Inspection Submittal: The Permittee shall submit the completed
"Hopper Dredge Pre -Dredge Inspection Checklist" form (see form below) to the
Corps, at least 5 days prior to initiating the authorized work. This checklist can
be accessed at:
https://dgm.usace.army.miI/odess/
Note — Please use a different browser if experiencing trouble opening the above
link.
4. Dredging Quality Management (DQM): Dredging and dredged material
disposal and monitoring of dredging projects using the Dredging Quality
Management (DQM) system shall be implemented for this permit. The Permittee
shall ensure that each hopper dredge assigned to the work authorized by this
permit is equipped with DQM, previously known as `Silent Inspector', for hopper
dredge monitoring. The Permittee's DQM system must have been certified by
the DQM Support Team within one calendar year prior to the initiation of the
dredging/disposal. Questions regarding certification should be addressed to the
DQM Support Center at 877-840-8024. Additional information about the DQM
System can be found at.https://dq m. usace. army. m i l/. The Permittee is
responsible for insuring that the DQM system is operational throughout the
dredging and disposal project and that project data are submitted to the DQM
National Support Center in accordance with the specifications provided at the
aforementioned website. The data collected by the DQM system shall, upon
request, be made available to the Regulatory Division of the U.S. Army Corps of
Engineers - Wilmington District.

-18-
Attachment G
2020 South Atlantic Regional Biologic Opinion (SARBO)
Insert Here

,.
104,
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E Dee Freeman
Governor Director Secretary
October 29, 2012
New Hanover County
DWQ Project #: 12-0868
New Hanover County
c/o Mr. Chris Coudriet
c/o Mr. Jim Iannucci
230 Government Center Drive
Wilmington NC 28403
Subject Property: Carolina Beach: Beach Renourishment
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coudriet & Mr. Iannucci,
You have our approval, in accordance with the attached conditions to nourish approximately 2.7
miles of shoreline by placing up to 1,400,000 cubic yards of beach compatible sand on approximately
55.5 acres of beach above Mean High Water (MHW) and approximately 63.2 acres below MHW.
The sand source of this project is a borrow area of approximately 36.1 acres to be dredged from
within the Carolina Beach Inlet as described in your application received by the N.C. Division of
Water Quality (DWQ) on September 20, 2012. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900).
This Certification can also be found on line at: http:,I/portaLncdeiir.oi-�,/web/wq/swp/ws/401/certsandpermits.
This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued
by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal
Management. In addition, 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 your application shall
expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design 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 a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions.
If 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.
1617 Mad Service Center, Raleigh, North Carolina 27699-1617
Location 512 N SalisburySt Raleigh, North Carolina 27604
Phone [phone] FAX [phone] Customer Service, 1-877-623-6748
Internet www ncwaterouality org
An Equal Opportunity 1 Affirmative Action Employer

Carolina Beach Nourishment
New Hanover County
2012-0868
The Additional Conditions of the Certification are:
1. The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Open Water (Inlet
36.1 acres (1,573,942 square
CAMA Major Permit
source dredge)
feet)
Application
Open Water (near shore)
63.2 acres (2,752,992 square
CAMA Major Permit
below MHW filled
feet)
Application
Beach (Above Mean
55.5 acres (2,419,343 square
CAMA Major Permit
High Water)
feet)
Application
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
3. No Impacts Beyond Those Approved
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Moratoria
All applicable moratoriums shall be observed as required by the NC Division of Marine
Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

Carolina Beach Nourishment
New Hanover County
2012-0868
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 impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-
7215.
Sincerely,
Charles Wakild, P.E., Director
Division of Water Quality
Enclosures: GC 3900
Certificate of Completion
cc: Brad Rosov — Coastal Planning & Engineering of North Carolina, 4038 Masonboro Loop Road,
Wilmington, NC 28409
Doug Huggett — DCM Morehead City
Debra Wilson — DCM Wilmington
Dave Timpy — USACE Wilmington Field Office
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, -the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

Water Quality Certification No. 3900
CAMA PERMIT CERTIFICATION
RULES)
Water Quality Certification Number 3900 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
Division of Water Quality (DWQ) Regulations in 15A NCAC 021.1 .0500 and 15A NCAC 026 .0200
for the discharge of fill material to waters and wetland areas as described in General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277, Nationwide
Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 02B 0200
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
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 Quality (the
"Division'T
a) Activities authorized by CAMA major permits, except
i 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 may not
exceed 100 square feet,
ii. Shoreline protection measures 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 10 feet provided that the activity will not
involve the excavation or filling of any 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
may not exceed 100 square feet,
ui Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in ORW Waters 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);
iv 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 Submerged Aquatic Vegetation
or shellfish beds are excavated or filled,
v Projects that involve only shading of waters or wetlands,
vi Utility lines, except wastewater Imes and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are temporary,
vn 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;00 square
feet of the non -coastal excavation or filling may take placemithiri M-Coast t
Shoreline Area of Environmental Concern (AEC) For the purposes of this�area
calculation, the excavation or filling impacts of the entire project,must be .
considered, which may include boat ramps, bulkheads or'other, Shore. line
Water Quality Certification No 3900

Water Quality Certification No. 3900
stabilization measures The applicant must comply with all applicable coastal
stormwater rules,
vur Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit, or
b) Any stream relocation, or
c) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H 0500), Isolated Wetland Rules (15A NCAC 02H
1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
026 .0200); or
d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any
other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) unless the activities are listed as "EXEMPT" from these rules or a
Buffer Authorization Certificate is issued through N C Division of Coastal Management
(DCM) delegation for "ALLOWABLE" activities
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 If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. Activities authorized by Coastal Area
Management Act (CAMA) General Permits do not require written approval from the
Division as long as they comply with the Conditions of Certification listed below. If any of
these Conditions cannot be met, then written approval from the Division is required.
Conditions of Certification
1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste; spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit
2 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site
a) Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
Water Quality Certification No. 3900 2

Water Quality Certification No. 3900
b) For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual
c) Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d) Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 048 0124, Design Standards in Sensitive Watersheds.
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4 Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your 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 A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http.//portal ncdenr org/web/wq/ws/sulnpdessw#tab-w
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,
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a 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
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) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Water Quality Certification No. 3900 3

Water Quality Certification No. 3900
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel
6 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 Quality must be notified if this is to occur
7 Work in the Dry
All work in or adjacent to stream waters 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 submittal to and written approval by the
Division
8 Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 026.0233, .0259,
0243, 0250, 0267 and 0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met
9 If concrete is used during the construction, then all necessary measures shall be taken 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
due to the potential for elevated pH and possible aquatic life/ fish kills
10 Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank In these cases, proof of payment shall be provided to the Division before
any impacts occur on site
Water Quality Certification No 3900 4

Water Quality Certification No. 3900
11 Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project 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
Ex!st!ng stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent 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
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 (rock ladders,
crossvanes, etc) Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 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 to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division 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 submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must 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 must be used where practicable instead of riprap or other bank hardening
methods
12 All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion
13. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause d!s-equilibrium during use of this General Certification
Water Quality Certification No. 3900 5

Water Quality Certification No. 3900
14 Any riprap 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 buried and/or "keyed m" 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
15 Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and 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
16 If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground
17 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate A
sample deed notification can be downloaded from the Division's web site at
http://portal ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms The text of the
sample deed notification may be modified as appropriate to suit to a specific project
Documentation of deed notifications shall be provided to the Division upon request.
18 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or 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
19. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
20 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals
21 The applicant/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 Clean Water Act), 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 law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification
22 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 the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650
23 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
Water Quality Certification No 3900

Water Quality Certification No. 3900
Certification in order to ensure compliance with all applicable water quality and effluent
standards
24 This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions 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
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
The Director of the North Carolina Division of Water Quality 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 quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality
Effective date March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, RE
Director
History Note Water Quality Certification (WQC) Number 3900 issued March 19, 2012 replaces
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 This General Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or
Regional General Permits or when deemed appropriate by the Director of the Division of Water
Quality
Water Quality Certification No 3900 7

A FWA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 15, 2014
New Hanover County
Mr. Chris Coudriet
230 Government Center Drive, Suite 195
Wilmington, NC 28403
John E. Skvarla, III
Secretary
New Hanover County
DWR Project #: 14-0617
Subject Property: Kure Beach Coastal Storm Damage Project — Kure Beach
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coudriet:
You have our approval, in accordance with the attached conditions to nourish approximately 3.41 miles
(18,000 linear feet) of shoreline by placing up to an average of 387,163 cubic yards of beach compatible
sand on approximately 75.58 acres (3,292,243 square feet) of beach above Mean High Water (MHW)
and approximately 7.07 acres (307,757 square feet) below MHW. The sand source of this project is a
borrow area of approximately 1,184.57acres (51,600,000 square feet) to be dredged from within the
borrow site Area-B as described in your application received by the N.C. Division of Water Resources
(DWR) on June 9, 2014. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3900 (GC 3900).
This Certification allows you to use the Regional General Permit #198000291 (GP 291) when
issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of
Coastal Management. In addition, 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 your application
shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on
line at: littp:Hportal.nedenr.orWweb/-vvq/swL)/ws/401 /certsandperm its.
This approval is for the purpose and design 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 a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If 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.
FV
m"` i,%t a
soh t, i ?}: ,R a
9 �.
; t ty
127 Cardinal Drive Extension, Wilmin ton, North Carolina,28405 �
Phone: [phone]\ Internet: www.nedenr.gov
An Equal Opportunity % Affirmative Action Employer — Made in part by recycled paper

2
Kure Beach Coastal Storm Damage Project
New Hanover County
2014-0617
e-
The Additional Conditions of the Certification are:
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Open Water (Area-B
1,184.57acres (51,600,000
CAMA Major Permit
source dredge)
square feet)
Application
Open Water (near shore)
7.07 acres (307,757 square feet)
CAMA Major Permit
below MHW filled
Application
Beach (Above Mean
75.58 acres (3,292,243 square
CAMA Major Permit
High Water)
feet) I
Application
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this
written approval, including incidental impacts. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or
rules occur._

3
Kure Beach Coastal Storm Damage Project
New Hanover County
-;014-0617
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWR. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and downstream of the above structures. All devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Energy,
Mineral, and Land Resources has released the project.
5. Turbidity
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
6. The applicant/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 Clean Water Act), 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 law is being
violated, or that further conditions are necessary to assure compliance, then the Division may
reevaluate and modify this General Water Quality Certification.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permits.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings. You may
obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call
[phone] for information. Within sixty (60) calendar days of receipt of this Certification, you
must file the petition with the Office of Administrative Hearings. A petition is considered filed
when the original and one (1) copy is received in the Office of Administrative Hearings during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays). - The petition may be faxed to the Office of Administrative Hearings at [phone],
provided the original and one copy of the petition is received by the Office of Administrative
Hearings within five (5) business days following the faxed tr`ansmisgi&r
I"Z L'i

4
Kure Beach Coastal Storm Damage Project
New Hanover County
2014-0617
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel, Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
Sincerely,
JZeg on, Regionalp
u ervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3900
cc: Layton Bedsole — 230 Government Center Drive, Suite 195, Wilmington, NC 28403
Greg Finch — Coastal Planning & Engineering of North Carolina, Inc., 403 8 Masonboro
Loop Road, Wilmington, NC 28409
Jonathan Howell — DCM Morehead City
Robb Mairs — DCM Wilmington £. "' ""
Ronnie Smith — USACE Wilmington Field Office V-, lc—
Karen Higgins — 401 and Buffer Permitting Unit ,.-
WiRO [j('ay

Certification ®f C®mon
.,
DWR Project No.:
Applicant: _
Project Name: _
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
}° f
Signature: Registration No.
F� ,�. ` a"Date`
�c4 i; 1
I&
64,

Water Resources
ENVIRONt+LN' AL QUALITY
December 18, 2015
New Hanover County
Mr. Chris Coudriet
230 Government Center Drive, Suite 195
Wilmington, NC 28403
PAT MCCRORY
DONALD R. VAN DER VAART
V1 .
S. JAY ZIMMERMAN
New Hanover County
DWR Project 4: 14-0617v2
Subject Property: New Hanover County Coastal Storm Damage Reduction Project —
Wrightsville Beach
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coudriet:
You have our approval, in accordance with the attached conditions to nourish approximately 3.1
miles of Wrightsville Beach shoreline by placing up to approximately 853,931 cubic yards of beach
compatible sand on approximately 92 acres (4,007,520 square feet) of beach above Mean High Water
(MHW) and approximately 94 acres (4,094,640 square feet) below MHW. The sand source of this
project is a borrow area of approximately 163 acres (7,095,000 square feet) to be dredged from the
area within Masonboro Inlet and portions of Banks channel as described in your application received
by the N.C. Division of Water Resources (DWR) on October 29, 2015. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number 3900 (GC 3900).
This Certification allows you to use the Regional General Permit 4198000291 (GP 291) when
issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division
of Coastal Management. In addition, 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
your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can
also be found on line at: hi(p://portal.nedeiir.or, web/wg/swp/ws/401/certsaiidperinits.
This approval is for the purpose and design 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 a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

NHC-CSDRP — Wrightsville Beach
New Hanover County
2014-06]7v2
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.
The Additional Conditions of the Certification are:
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Locatibn or Reference
Open Water
163 acres (7,095,000 square feet)
CAMA Major Permit
Application
Open Water below
94 acres (4,094,640 square feet)
CAMA Major Permit
MHW filled
Application
Beach (Above Mean
92 acres (4,007,520 square feet)
CAMA Major Permit
High Water)
Application
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require
his contractors (and/or agents) to comply with all of the terms of this Certification, and
shall provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. 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.
4. 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.
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/or 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)]

NHC-CSDRP — Wrightsville Beach
New Hanover County
2014-0617v2
6. Continuing Compliance
The applicant/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 Clean Water Act), 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 law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
7. All mechanized 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 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
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].
8. 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)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any 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:
h :!/ ortul,nedenr.otff!weblw 'sv /ws.'401/r,ertsand erniits/a I !/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 impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permits.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings. You may
obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.corn or call
[phone] for information. Within sixty (60) calendar days of receipt of this Certification,

NHC-CSDRP— Wrightsville Beach
New Hanover County
2014-0617v2
you must file the petition with the Office of Administrative Hearings. A petition is considered
filed when the original and one (1) copy is received in the Office of Administrative Hearings during
normal office hours (Monday through Friday between 8.00am and 5:00pm, excluding official state
holidays). The petition may be faxed to the Office of Administrative Hearings at [phone],
provided the original and one copy of the petition is received by the Office of Administrative
Hearings 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 of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.Burdettercincdenr.Lov or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburnnnederin m
fegional Supervisor
Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: Certificate of Completion
GC 3900
cc: Greg Finch — Coastal Planning & Engineering of North Carolina, Inc., 403 8 Masonboro
Loop Road, Wilmington, NC 28409
Heather Coats — DCM Wilmington
Tyler Crumbley — USACE Wilmington Field Office
WiRO

NEW HANOVER COUNTY
ENGINEERING
230 Government Center Drive, Suite 160, Wilmington, INC 28403
P: [phone] I F: [phone] I NHCgov.com
"^ Jim lannucci, PE, CFM, County Engineer
16 August 2021
NC Division of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, INC 28405
Attention: Heather Coats, heather. coats(a)ncdenr.gov
Department of the Army
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
Attention: Greg Currey, Gregory. E.Currey(o-)-usace.army.mil
Transmittal via email:
Re: Permit Renewal Request
Coastal Storm Damage Reduction Projects
Carolina, Kure and Wrightsville Beaches
NCDCM Permit # 138-12, Expiration Date 31 Dec2021
USACE Action ID 2010-01825, GP291 Expiration Date 31 Dec2021
Dear Ms. Coats and Mr. Currey:
New Hanover County's (NHC) Coastal Storm Damage Reduction Project (CSDR) authorizations
will expire 31 December 2021. NHC is requesting renewals for both the NCDCM Major Permit
#138-12 and the USACE GP291 Action ID 2010-01825.
NHC requests a ten-year maintenance renewal of the NCDCM Major Development Permit and
the USACE's five-year GP291 maintenance renewal. The projects' scopes of work have not
changed and all current conditions remain applicable. All borrow and placement templates and
associated dimensions remain the same. Construction methods and environmental windows
(November 16 through March 31) remain the same. The current batched Biological Opinion and
SARBO 2020 remain viable.

The NCDCM's $100.00 Major Permit renewal fee is being processed and will be mailed to the
Regional Office at your attention. Please feel free to call.
Sincerely,
�� 4
H. Layton Bedsole Jr., REM
Cc: J. Howell, NCDCM Major Permits Manager jonathan.howell(a)_ncdenr.gov
T. MacPherson, NCDCM District Manager tara.macpherson(a)_ncdenr.gov
M. Sugg, USACE Regulatory Chief Mickey.T.Sugg(c�usace.usarmy.mil
J. lannucci, County Engineer, PE liannucci(o)nhcgov.com

Permit Class
RENEWAL
Permit Number
138-12
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
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 New Hanover County, 230 Government Center Drive, Wilmington, NC 28403
Authorizing development in New Hanover Counties at Masonboro & Carolina Beach Inlets, the Ati Ocean,
Wrightsville, Carolina & Kure Beaches, as requested in the permittee's application letter dated 8/16/21 _
This permit, issued on December 1, 2021 , 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 of civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 138-12, which was issued on 12/21/12, as
well as all subsequent modifications and refinements, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
.2) All conditions and stipulations of the active permit remain in force under this renewal unless
specifically altered herein.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
.NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
(See attached sheet 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, 2031
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 Chair
of the Coastal Resources Commission.
Z'
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee