SAW-2017-00407 NCDOT Ferry Div Southdock Ferry Channel and Basin Maintenance Dredging Mod 1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
a _
STAEES O4
April 8, 2022
Regulatory Division
Action ID No. SAW-2017-00407
Permit Modification #1
Attn: Mr. Brian Doliber
159 Lucinda Lane
Powells Point, NC 27966
Dear Mr. Doliber:
Reference the Department of the Army (DA) permit issued on September 13,
2017, to the North Carolina Department of Transportation, Ferry Division (Ferry
Division) pursuant to Section 10 of the Rivers and Harbors Act under SAW-2017-00407.
This permit authorized the expansion of the ferry channel, maintain the ferry channel
and basin depths and widths and to discharge dredged material to nourish
approximately 850 feet of shoreline east of the ferry basin or discharge into Southdock
Spoil Containment Site, at the north end of Ocracoke Island, in Hyde County, North
Carolina.
On March 02, 2021, the US Army Corps of Engineers (Corps) received a request
for modification to permit SAW-2017-00407 from the Ferry Division to expand the
entrance channel to 375' between points S01 and N01 where it intersects with Sloop
Channel. The project would remain at 375' until it reaches points S02 and NO2 where it
starts to turn south towards the ramps. Here the project would taper off returning to 225'
in width at points S03 and NO3 and terminate at points SO4 and N04. The dredged
depth would remain at 12' MLLW and maintain 3:1 side slopes. The project would
increase the channel width by 2.38 acres and remove 100,000 cubic yards of material.
On December 16, 2021, the Corps received additional information requesting to include
the use of a bucket and barge dredging for this project as back up to the pipeline
dredge.
It has been determined that any modification to this permit must continue to
properly incorporate Special Conditions pertinent to the South Atlantic Regional
Biological Opinion (SARBO) issued March 27, 2020, and revised July 30, 2020. With
that in mind, it has been determined that this permit modification does not warrant a
Public Notice and is not contrary to the public interest. Therefore, the DA permit is

-z-
hereby modified in accordance with your December 16, 2021, request with the following
stipulations:
1) the original permit and Special Conditions remain valid,
2) the DA permit expiration date for this modified permit remains December 31,
2027,
3) in addition to the original permit conditions the project shall be implemented
according to information within the Dec 16, 2021, submittal,
4) the following 2020 SARBO Project Design Criteria (see Attachment A) will be
added as new Special Conditions in the event that dredging, as described within this
modification, is completed (a Notice of Appeals is attached for your use if you object to
any new Special Conditions incorporated in support of the SARBO):
If you have questions regarding this permit modification, please contact Mr. Kyle
Barnes ofthe Washington Regulatory Field Office, at telephone [phone], or email
at Kyle.W.Barnes(a�.usace.army.mil.
FOR THE DISTRICT COMMANDER
�Oqk- Date: 2022.04.08
/'! A4Q 13:36:37-04'00'
Monte Matthews
Lead Project Manager
Wilmington District
enclosure

ATTACHMENT (A)
(SARBO Project Design
Criteria)
Sloop Channel Dredge Permit Conditions for 2020
SARBO Project 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:
(INWATER1) 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.
(INWATER.2) Equipment placement: 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:

M
All vessels will preferentially follow deep -water routes (e.g., marked channels) to
avoid potential groundings or damaging bottom resources whenever possible and
practicable.
If barges, scows, and other similar support equipment are used, they will be
positioned away from areas with sensitive bottom resources such as non- ESA -
listed seagrasses, corals, and hardbottom, to the maximum extent possible.
If pipelines are used, they 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.
(INWATER.5) Entanglement: 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. Requirements for lines associated with relocation trawling
are handled separately in Appendix B Section 3.5.
All lines or cables will be immediately removed upon project completion.
• All in -water line 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.
Placement:
(PLACE 6): Upland Placement, which is defined as placement not occurring in a natural
body of water and outside of NMFS purview, must meet the following criteria:
Upland placement projects with return/discharge water to waters under NMFS
purview will be designed to assure that turbidity generated by the discharge
waters has returned to ambient levels before reaching any nearby ESA -listed
coral or Johnson's seagrass.
Discharge flow will be maintained to prevent scour or erosion.
Cutterhead Dredge:
(CUTTER1): The cutterhead will not be engaged/turned on when not embedded in
the sediment, to the maximum extent possible.

-5-
PSO and Reporting:
(OBSERVE1) 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.
(OBSERVE4) Any collision(s) with an ESA -listed species must be immediately
reported to the USACE according to their internal protocol and to NMFS consistent
with the reporting requirements listed below in Take reporting Requirements "Pages 25
& 26 below). 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
(SERODredgeCcDnoaa.gov).
• Sea turtle take will also be reported to the appropriate state species
representative (https://www.fisheries.noaa.gov/state-coordinators- sea-
turtlestranding-and-salvage- network).
All handling, tagging, and/or genetic sampling of ESA -listed species captured will be
conducted by a PSO that meets the aualifications Drovided by NMFS.
(PS01) Protected Species Training and Experience: PSOs selected to work on will
meet the following requirements:

In
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/careersand- opportunities/protected-species-observers) for
endangered species observers. A link to the current NMFS PSO qualifications
will also be available on the NMFS SARBO webpage
(SERODredge(@_noaa.gov).
• 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.
• The 2020 SARBO serves as the authority for the PSO to handle, tag, and
genetic sample ESA -listed species for those projects.
(PSO2) 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.
(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:Hdgm.usace.army.mil/odess/documents/geneticsampleprotocol

-7-
pdf). 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 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:
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).

In
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.