20081764 Ver 4_Corps of Engineer Correspondence_20140620

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATITNTION Of June 16, 2014
Regulatory Division
Action ID: SAW-2005-00344 (ORM #2004-00344) mm
IJU N 2 0 2014
Mr. Stuart Turille, Manager
Town of North Topsail Beach n'
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
Dear Mr. Turille:
Please reference the December 20, 2013 and subsequent January 24, 2014 request, submitted
by your agent, Coastal Planning & Engineering, Inc., to modify the Department of the Army
(DA) permit issued on May 27, 2011 for the shoreline management along 11.1 miles of
oceanfront and the inlet management plan for New River Inlet in North Topsail Beach, Onslow
County, North Carolina. This DA authorization expires on December 31, 2041. Specifically,
your request consists of amending our issued September 27, 2013 DA Permit Modification by
combining Phases 3 and 5, utilizing the offshore borrow area for Phase 3, and extending the
dredging window from November 16-March 31 to November 16-April 30. Please reference our
September 27, 2013 permit modification.
Upon the review of the Town's request, our office has determined that the modification to
combine Phases 3 and 5, to use the offshore borrow site for Phase 3, and to extend the dredge
window can be authorized pursuant to Section 404 of the Clean Water Act and Section 10 of the
Rivers and Harbors Act. This authorization is only valid provided the Town complies with the
following changes to the original special conditions and is only applicable for this one-time
construction of Phases 3 and 5:
1) New Special Conditions:
a. All equipment must use the dedicated construction access points at Stations
900+00 (New River Inlet Road Beach Access) and/or Station 650+00 (Gray Street) as shown in
the attach permit figure.
b. All personnel involved in the construction process along the beach will be
trained in recognizing the presence of piping t::, plovers and red knots prior to the initiation of the
work on the beach. A contractor representative authorized to stop or redirect work shall be
responsible for conducting a shorebird survey prior to 9:00 am each day of sand placement
activities. The survey shall cover the work area and any location where equipment is expected to

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travel. The contractor shall note on their Quality Assurance form for each day any observance of
red knots and/or piping plovers; and those forms, which verify the observance of those species,
shall be submitted to the LJ,S. Army Corps of Engineers (USACE) Wilmington District Office
the following day.
c. Any work constructed under authorization of this permit modification shall be
restricted to November 16-April 30, and no work will Occur outside of this time period. All
activity, including mobilization efforts, is restricted from the beach prior to November 16. Upon
completion of the work, all equipment, including pipeline, must be removed from the oceanfront
shoreline no later than 11:59 pin on April 30. This dredging window only applies to this permit
modification and does not include any other work permitted by the May 27, 2011 Department of
the Army authorization.
2) Modified Special Condition (numbers coincide with the original permit conditions):
a. Special condition (1); All work authorized by this permit must be performed in
strict compliance with the attached plans, all unchanged original plans and requirements, and the
FEIS. Any modification to these plans,
I prior to or during construction, must be approved by the
U.S. Army Corps of Engineers Wilmington District (USACE) prior to implementation. This
Phase 3 and 5 permit modification is valid until December 31, 2016.
b. Special condition (12(d)); All necessary precautions and measures will be
implemented so that any activity will not kill, injure, capture, pursue, harass, or otherwise harm
any protected Federally listed species (such as sea turtles, whales, manatees, shortnose and
Atlantic sturgeon, red knot, and piping plover). While accomplishing the authorized work, if the
pen-nittee discovers or observes a damaged or hurt listed endangered or threatened species, the
USACE will be immediately notified so that required coordination can be initiated with the U.S.
Fish and Wildlife and/or National Marine Fisheries Service.
As a remainder, Special condition (16) requires that a pre-construction meeting must be held
prior to the proposed work to ensure the dredging contractor, along with the engineering
contractor, fully understands the conditions of the original and modified authorizations.

-3-
All other permit conditions pursuant to the May 27, 2011 authorization (copy enclosed)
remain applicable. If you have any questions or comments, please contact Mr. Mickey Sugg at
[phone], Wilmington Regulatory Field Office.
Sincerely,
Steven A. Baker
Colonel, U.S. Army
District Commander
Enclosures
Copies Furnished (with enclosures):
Mr. Jonathan Howell
North Carolina Division
of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Karen Higgins
North Carolina Division of Water Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Jason Dail
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Messrs. Brad Rosov and Kenneth Willson
Coastal Planning & Engineering of
North Carolina, Inc.
A Shaw Group
4038 Masonboro Loop Road
Wilmington, North Carolina 28409

-4-
Copies Furnished (without enclosures):
Ms. Debbie Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Kay Davy
National Marine Fisheries Service, NOAA
Protected Species Division
8000 North Ocean Drive, Suite 229
Dania Beach, Florida 33004
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Marine Corps Base
Environment Management Division
(Attn: Mr. Marty Korenek)
PSC Box 20004
Camp Lejeune, North Carolina 28542-0004
Mr. Fritz Rohde
National Marine Fisheries Service, NOAA
Habitat Conservation Division.
Pivers Island
Beaufort, North Carolina 28516
Ms. Jessi Baker
North Carolina Division Marine Fisheries
400 Commerce Avenue
Morehead City, North Carolina 28557

-5-
Mr. Pace Wilber
Atlantic Branch Chief
Charleston (F/SER47)
Southeast Regional Office., NOAA Fisheries
PO Box 12559
Charleston, South Carolina 29422-2559
Ms. Kim Miller, Area Specialist
tJ.S. Department of Agriculture
Rural Development
Post Office Box 6189
Kinston, North Carolina 28501
Mr. Frank Mancino
Program Support Service
RI-IS/RD/ USDA., MS-0761, Room 6900
1400 Independence Avenue SW
Washington, DC 20250-0761

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COASTAL PLANNING & ENGINEERING, INC.
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TITLE:
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
May 27, 2011
Regulatory Division
Action ID: SAW - 2005 -00344
The Town of North Topsail Beach
Attention: Steve Foster, Town Manager
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
Dear Mr. Foster:
C 30i
2 0 2 014
1
{
Enclosed is a Department of the Army permit to hydraulically dredge and to discharge the
material in waters of the United States in order to nourish approximately 11.1 miles of beachfront
to protect residential homes and town infrastructures, to reposition the New River Inlet channel,
to implement a 14 -ft NAVD88 dune plan along 7.25 miles of the Northern and Central Sections
of the Town, and to implement an inlet mariagement plan to control the positioning of the new
inlet channel through periodic maintenance events in North Topsail Beach, Onslow County,
North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2041.
b. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You must notify this office in advance as to when you intend to commence and complete
work.

-2-
You should address all questions regarding this authorization to Mr. Mickey Sugg of the
Wilmington Regulatory Field Office at (910) 251 -4811.
Sincerely,
W�
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N /CS261
1315 East -West Hwy., Rm. 7316
Silver Spring, Maryland 20910 -3282
Copies Furnished (with special conditions and plans):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110

-3-
Ms. Cyndi Karoly
North Carolina Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Ian McMillan
401 Oversight/Express Review Permitting
Unit
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Mr. Ken Willson, Coastal Planning &
Engineering, Inc.
A Shaw Group Company
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Marine Corps Base, Environment
Management Division
Environmental Conservation Branch (Attn.
Bill Rogers)
PSC Box 20004
Camp Lejeune, North Carolina 28542 -0004
Ms. Kay Davy
National Marine Fisheries Services
Protected Resources Division
263 13th Avenue South
St. Petersburg, Florida 33701
Mr. Paul Gagliano, NEPA Section
U. S. Environmental Protection Agency-
Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Steve Everhart
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
North Carolina Division of Water Quality
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

DEPARTMENT OF THE ARMY PERMIT
RECEIVED
MAY 16 2011
Permittee: TOWN OF NORTH TOPSAIL BEACH — Mr. Steve Foster, Town Manager REG. W1LM. FLD. OFC.
Permit No.: SAW 2005 -00344
Issuing Office: CESAW -RG -L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The tern "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To hydraulically dredge and to discharge the material in Waters of the United States in order to nourish
approximately 11.1 miles of beachfront to protect residential homes and town infrastructures, to
reposition the New River Inlet channel, to implement a 14 -ft NAVD88 dune plan along 7.25 miles of the
Northern and Central Sections of the Town, and to implement an inlet management plan to control the
positioning of the new inlet channel through periodic maintenance.
Project Location:
North Topsail Beach, Onslow County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2041 If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5.. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
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 activities undertaken by or on
behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the Initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by
contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time
limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
A ;,
(PERMITTEE) TOWN OF NORTH TOPSAIL BEACH (DA T )
C /O: Mr. Steve Foster, Town Manager
This permit becomes effective when .the Federal official, designated to act for the Secretary of the Army, has signed
below.
/4/, , Wj, s ��•a���
(DISTRICT ENGMEF,R FFERSON M. RYSCAVAGE, COLONEL (DATE)
Y
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below.
(TRANSFEREE) (DA TE)
*U.S. GOVERNMENT PRINTING OFFICE. 1986 - 711 -425

SPECIAL CONDITIONS (Action ID. 2005 - 00344, and ORM #2004- 00344)
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of
Water Quality 401 Certification #3642 (dated June 4, 2010) and the North Carolina
Division of Coastal Management CAMA Major Permit dated July 21, 2010 are
incorporated as part of the Department of the Army permit, and attached for your
convenience.
Work Limits
1. All work authorized by this permit must be performed in strict compliance with the
attached plans (which are a part of this permit) and the FEIS. Any modification to these
plans, prior to or during construction, must be approved by the U.S. Army Corps of
Engineers Wilmington District ( USACE) prior to implementation.
2. All work must adhere to the phased sequencing outlined in the initial 5 -phase
construction schedule from the time Phase 1 is initiated (See Table 5 of the FEIS). Any
modification to the phase approach must be verified by USACE prior to conducting any
dredging and /or nourishment activity. At no time will any part of the shoreline be
nourished more than once during a 4 -year period, with the exception of a 500 linear foot
long transition at the terminus of each nourishment placement. Prior notification must
be provided to our office for each phase. This notification must include the construction
time (start and ending), dredging area, and beach placement location.
3. Inlet Channel Maintenance Events:
a) No maintenance event can be initiated unless one or both of the following
thresholds, as stipulated in the Final EIS, have occurred: 1) only if shoaling of the new
channel totals 85% of the actual dredged volume of the initial construction and /or 2)
only if the channel thalweg migrates outside the 500 -foot wide corridor established
during the initial construction.
b) Channel maintenance will be limited to a maximum of once every 4 years
during the 30 -year period, resulting in no more than (7) maintenance events.
c) Notification will be required prior to any maintenance operations, including
the events planned during the initial 5 -phase construction period. This notification must
provide information that one or both of the threshold triggers are met. Written
verification from our office must be obtained prior to conducting any channel
maintenance. Our verification efforts will include coordinating with Marine Corps Base
(MCB) Camp Lejeune to ensure there are no project interferences with military training
needs, including activities along the oceanfront shoreline of Onslow Beach.
4. Upland Disposal Island:

a) Use of Corps -owned disposal islands requires consent documents, which
may impose additional duties or fees. Disposal of material into Corps -
owned islands is not permitted without appropriate consents. Please
contact Todd Horton, Navigation Branch, (910) 251 -4067, to coordinate.
b) Subject to approval of the Corps' Navigation Branch and Real Estate
office, Permittee is allowed to discharge approximately 91,400 cubic yards
of material into the upland disposal island.
c) No wetlands or waters shall be impacted during the improvements of the
dike system or the construction of the discharge / outfall pipe.
d) Dike improvement designs must be provided to the Corps for approval
prior to conducting the work.
e) Subject to approval by the Navigation Branch, the placement
of the discharge pipe shall be extended to deeper water sufficient to avoid
shellfish and SAV habitat areas.
f) The discharge pipe must be installed in a manner to prevent a hazard to
navigation in accordance with Navigation Branch instruction and U.S.
Coast Guard regulations.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no dredge, fill, or mechanized land- clearing activities shall take place at any time
in the construction or maintenance of this project within waters or wetlands outside the
designated beach nourishment disposal area and /or inlet channel relocation boundary.
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.
6. All dredging will be conducted by hydraulic pipeline dredge. No hopper dredges
are permissible with this authorization.
7. All material used for the beach nourishment must be compatible and clean and
free of any pollutants except in trace quantities.
8. Any work constructed under authorization of this permit shall be restricted to
November 16 -March 31 for the initial 5 -phase construction and all channel maintenance
events of any year during the life of this authorization. No work will occur outside this
time period. All activity, including mobilization efforts, is restricted from the beach and
inlet shorelines prior to November 16. Upon completion of work, all equipment,
including pipelines, must be removed by March 31.

9. 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. No activity may cause a hazard to navigation.
Related Laws
10. The permittee will comply with all US Coast Guard regulations for dredging
operations. You will immediately contact Mr. John Walters of the U.S. Coast Guard, at
(757) 398 -6230 or iwalters _LANTD5.usca.mil, once a construction timeline has been
confirmed. Contact with the U.S. Coast Guard will initiate the Local Notice for Mariners
procedures to ensure all safety precautions for aids to navigation are implemented. You
will notify our office when this coordination with the U.S. Coast Guard has been
commenced and updates will be provided to our office.
11. Appropriate sedimentation and erosion control measures must be, taken to
minimize suspended material or turbidity during all dredging and nourishment activities,
including any improvement to the upland disposal island and the discharge pipe. A
Sedimentation and Erosion Control Plan may be required for the project. The applicant
should contact the Division of Land Resource (910- 395 -3900) regarding the need for
such a plan.
12. Threatened and Endangered Species:
a) The permittee must implement the North Topsail Beach Shoreline
Protection Project Bird Monitoring Plan (copy enclosed) dated October 2006. Post -
construction monitoring will take place for 3 years after the initial relocation of the ebb
tide channel. During - construction monitoring will be implemented for each subsequent
channel maintenance event. Post - construction monitoring for future maintenance
events will be conducted as determined by the USACE. Prior to employing a contractor
for the bird monitoring, the permittee must provide the name of the entity conducting the
post- construction work to USACE for approval.
b) Compaction and escarpment monitoring must be undertaken for three (3)
consecutive years following each beach nourishment event. As stated in the FEIS, any
remedial or corrective actions must be coordinated with the USACE.
c) Daily routine beach surveillance will be conducted during construction to
prevent unintentional damage to sea turtles and their nesting areas. If a nest or a turtle
crawl is identified in the project area, the permittee will cease all work in that area and
immediately contact Mr. Matthew Godfrey of the NC Wildlife Resource Commission (NC
WRC), at (252) 728 -1528 or Ms. Molly Elwood of the NCWRC, at (910) 796 -7215, and
the USACE to determine appropriate action.
d) All necessary precautions and measures will be implemented so that any
activity will not kill, injure, capture, pursue, harass, or otherwise harm any protected
federally listed species (such as sea turtles, whales, manatee, shortnose sturgeon, and

piping plover). While accomplishing the authorized work, if the permittee discovers or
observes a damaged or hurt listed endangered or threatened species, the USACE will
be immediately notified so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and /or National Marine Fisheries Service.
e) If any whales are sighted within 100 yards (91 meters) of the cutterhead
dredge, all dredging operations must cease immediately until the whale has passed and
is outside that distance. All sightings must be immediately reported to the USACE with
the following information: Time of sighting, Lat/Long of sighting, Number of estimated
animals, and Direction of movement.
f) In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found
at http: / /www.fws.QOV /nc -es /mammal /manatee cwidelines.adf.
13. If submerged cultural resources are encountered during the operation, the
USAGE will be immediately notified so that coordination can be initiated with the
Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In
emergency situations, the permittee should immediately contact the UAU at (910 -458-
9042), Fort Fisher, so that a full assessment of the artifacts can be made.
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, it should be reported to the N.C. Division of Water Quality at (919) 733 -5083,
Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
Project Maintenance
15. The name, phone number, and address, including a field contact name and
number, for both the dredge and engineer contractors will be submitted to the USAGE
prior to any work.
16. A pre- construction meeting must be held with the USAGE prior to conducting the
work to ensure the contractor fully understands the conditions of this permit.
Participants may include, but are not limited to, representatives from NC Division of
Coastal Management and NC Division of Water Quality.
17. Sediment analysis must be submitted to the USACE every other day (or on a
Monday- Wednesday- Friday schedule) to verify the compatibility of the material.
During the construction of the "Perched Beach Method" or "Point of Intercept Design"
and when the dredge is in close proximity of the inlet clay lens, sediment analysis must
be submitted to the USACE every day, including weekends. All analysis must include,
4

but not limited to, the location of the sample station, shell percentage, silt/clay content,
grain size, and color; and will be implemented pursuant to Section 6.0 of the FEIS.
18. Dredging surveys must be provided to our office twice a week. These survey
maps must include the location and width and depth of the area that has been dredged.
For offshore dredging, all depth cuts will be restricted to cut locations and depths
depicted on Figure 12 and Table 2 (copies enclosed). A survey map showing the final
volume of material dredged, along with the boundaries, of the new ebb tide channel
must be submitted to the USACE within 2 weeks upon completion of the channel
relocation. This information will be used to determine the need for all subsequent
maintenance events.
19. As -built surveys of the beach must be provided to the USACE as they are being
conducted. Final surveys must be submitted within 60 days of the completion of each
nourishment event.
20. No deep ruts will be left within the construction limits of the project when work is
completed.
21. 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 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.
22. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source
Data Unit Attention: Sharon Tear N CS261, 1315 E West HWY- RM 7316, Silver Spring,
MD 20910 -3282 at least two weeks prior to beginning work and upon completion of
work.
23. 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.
24. This Department of the Army permit does not obviate the need to obtain other
Federal, State or local authorizations required by law.
Mitination, Minimization, and Avoidance
25. Mitigation, Minimization, and Avoidance Measures.
a) All measures and obligations outlined in Section 6.0 of the Final EIS dated
December 2009 (copy enclosed) must be fulfilled accordingly; and all monitoring reports
must be submitted to the USACE in the timeframes specified in the December 2009
plan.
b) In addition to the monitoring schedule detailed in Section 6.4.6 of the FES,
post - construction habitat mapping (using aerial photography) must be conducted at the
6 -month period after the initial ebb tide channel relocation, with the subsequent
mapping adhering to the FEiS monitoring schedule. All habitat mapping reports should
include any significant storm events, Corps navigation maintenance operations, and /or
other occurrences outside the project that has the potential to affect the inlet complex
environment.
c) During offshore dredging, the pipeline placements must follow the corridors
in Figure 17 of the FEIS (copy enclosed), and each pipeline and anchor placement must
be located via Global Positioning Survey (GPS) to ensure the proper hardbottoms
buffers are adhered to. These GPS bearings must be mapped, overlaying the
hardbottom survey, and provided to the USACE to verify the placement of the pipeline
and dredge anchors. This must also include each time the anchors are relocated.
Maps must be submitted to the USACE no later than one week after pipeline and
anchors are in place.
d) The permittee will fulfill its agreement to implement the titled research
study "Feasibility of replanting Donax for resource enhancement following a beach
nourishment project ", dated January 9, 2009 (copy enclosed). As proposed by the
Permittee, Mr. Phillip "Skip" Kemp of Carteret County Community College will be
conducting the research, and progress and final reports must be submitted to the
USACE as detailed in the timeline of the study. Additionally, a final interpretive report,
along with the final results of peer reviewed article of journal quality, will be provided to
the USACE when completed. An agreement between the Town and Mr. Kemp must be
provided to the USACE prior to initiating Phase 1 of the relocation and beach
nourishment work.
e) To monitor the shoreline changes on Onslow Beach side of the new ebb
tide channel, the permittee must conduct shoreline profiles on the western end of

Onslow Beach from the toe of dune to the depth of closure. A detailed monitoring plan,
including pre- construction surveying, to implement this effort must be provided and
approved by the USACE prior to initiating any work in the inlet. Additionally, the
scheduling and the results of this monitoring must be coordinated and provided to the
MCB Camp Lejeune. Their main contact is Mr. Bill Rogers at (910) 451 -9384, or Mr.
John Townson at (910) 451 -5003.
Enforcement
26. 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 USACE
within 24 hours of the permittee's discovery of the violation.
27. A representative of the USACE will periodically and randomly inspect the work
for compliance with these conditions. Deviations from these procedures may result in a
directive to cease all work until the problem is resolved to the satisfaction of the
USACE.