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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
February 9, 2015
Regulatory Division
Action ID No.: SAW- 2014 -02180
FEB 12 2015
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Dear Mr. Huggett:
Reference the application of Town of Oak Island to dredge the Eastern Channel of
Lockwoods Folly River and beneficially use material for beach nourishment, and alternatively
dispose of non - compatible material on Horse Island (DA -284) near Oak Island, Brunswick
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
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 gov /ne -es /mammal /manatees =uidelines pdf.
2. As part of the operation and maintenance of the Federally authorized project, the Wilmington
District routinely surveys the Lockwoods Folly Inlet, including, but not limited to, the
portion at its intersection with the Eastern Channel, in order to assess dredging needs to
maintain navigability of the Lockwoods Folly Wet Crossing. The permittee shall provide
written notification to the Wilmington District Regulatory Division two weeks prior to the
commencement of construction, to allow the District to perform a baseline survey of the area
of the AIWW that may be potentially affected by the proposed project.

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3. If the District Engineer, in his sole discretion, determines that the permitted activity has
caused additional shoaling (above historical amounts, taking into account inlet dynamics and
storm effects) within the Federal Project, on Tangent I I in the AIW W from Cape Fear River,
NC to Little River, SC (specifically Lockwoods Folly Inlet Crossing), and that such section
should be dredged in order to maintain safe and efficient navigation on the Inlet Crossing, he
will so notify the permittee in writing. The notification will specify the extent to which
additional shoaling has occurred, the area of the Inlet Crossing that must be dredged, the
depth to which it must be dredged, and the time frame within which dredging must begin (a
minimum of 90 days will be allowed). The permittee shall either provide contributed funds
to compensate the government for the portion of the costs associated with dredging the
additional shoal material, or cause the area of the Inlet Crossing specified by the District
Engineer to be dredged in a manner and within the time frame specified in the notice. If the
Permittee dredges the Inlet Crossing, a post - construction survey of dredged areas, within the
Federal Project, shall be completed and coordinated with the District Engineer within 30 days
of the end of construction. The District Engineer may require additional remedial action in
the event that surveyed data reveals contours not consistent with Federally authorized depths.
A 90 -day window will be allowed for any remedial action required to restore the area to
Federally authorized and maintained depths.
4. 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 our Real
Estate Division. The Real Estate Division may be contacted at: CESAS- RE -MC, 69
Darlington Avenue, Wilmington North Carolina 28403 -1343, tel. 910 - 251 -4474.
5. Activities proposed within the Corps Easement for DA -0284 (Horse Island) may require
approval prior to construction. Prior to commencing work associated with improvements or
disposal on DA -0284, 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.

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6. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any
such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL
OCEAN SERVICE Chief Source Data Unit N CS261,1315 E West HWY- RM 7316, Silver
Spring, MD 20910 -3282 at least two weeks prior to beginning work and upon completion of
work.
Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land - clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
8. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land - clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters
or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall
be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
10. 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 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.
11. The authorized structure and associated activity must not interfere with the public's right to
free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.

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12. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at (910) 772 -2191.
13. The terminal end of the pipeline from the dredge into the diked retention area will be
positioned at or greater than 50 feet from any part of the dike and a maximum distance from
spillways to prevent dike erosion and to allow adequate settlement of suspended solids.
14. A water control structure will be installed at the intake end of the effluent pipe leading from
the retention area in order to ensure maximum settlement of suspended solids.
15. Flow from the diked retention area will be confined by pipe, trough, or similar device to a
point at or below the mean low water level elevation contour to prevent gully erosion and
siltation.
16. If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
17. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
18. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this permit. A copy of this permit, including all conditions,
shall be available at the project site during construction and maintenance of this project.
19. 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. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statutes Chapter 113A Article 4).

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20. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction- related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's
or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
21. 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.
22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
THREATENED AND ENDANGERED SPECIES
Terms and Conditions for All Species
23. After initial construction, and for the life of the permit, all maintenance dredging and
sand placement activities must be conducted within the winter work window (November
16 to March 31), unless necessitated by an emergency condition and allowed after
consultation with the Service.
24. All derelict coastal armoring geotextile material and other debris must be removed from
the beach to the maximum extent possible, prior to any construction.
25. Conservation Measures included in the permit application/project plans must be
implemented in the proposed project. If a RPM and Term and Condition address the
same requirement, the requirements of the RPM and Term and Condition take precedent
over the Conservation Measure.

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26. 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. 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.
27. All personnel involved in the construction or sand placement process along the beach
shall be trained to recognize the presence of piping plovers prior to initiation of work on
the beach. 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 are present. If plovers 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 not begin until
individual plovers have exited the work area for the day. If piping plovers are observed,
the observer shall make a note on the Quality Assurance form for that day, and submit the
information to the Corps and the Service's Raleigh Field Office the following day. See
REPORTING REQUIREMENTS, below.
28. A bird monitoring plan must be developed to monitor piping plover, red knot, waterbirds,
colonial waterbirds, and other shorebirds during and after construction. Monitoring must
be conducted for a minimum of three (3) full years past the completion of construction, or
until the end of the shorebird nesting season (August 31) of the third year after
construction, whichever is later. Based on results of the monitoring, continued bird
monitoring may also be required during maintenance events. Post - construction
monitoring may only be ceased after the review of at least three years' worth of data and
approval by the USACE, USFWS, NCDCM, and NCWRC.
a. The bird monitoring plan must be submitted for review and approval to the
USACE, USFWS, NCDCM, and NCWRC, at least 15 days prior to the
anticipated start of construction.

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b. During construction, bird monitoring must be conducted weekly. For at least
three years after construction is completed, bimonthly (twice - monthly) bird
surveys shall be conducted in all intertidal and shoreline areas along Lockwood
Folly Inlet. Transects shall be established to encompass, at a minimum, all
intertidal areas in the vicinity of Eastern Channel and Lockwoods Folly Inlet on
both sides of the inlet (Oak Island, Sheep Island, and Holden Beach), and the
ocean shoreline from Lockwoods Folly Inlet east to approximately 6001 West
Beach Drive (or the eastern end of the westernmost sand placement area).
c. Field observations must be conducted during daylight hours, and primarily during
high tide.
d. Shorebird identification, especially when in non - breeding plumage, can be
difficult. 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 bird monitoring plan should include the collection and reporting
of the following:
i. Date, location, time of day, weather, and tide cycle when survey was
conducted;
ii. Latitude and longitude of observed piping plover and red knot locations
(decimal degrees preferred);
iii. Any color bands observed on piping plovers or red knots or other birds;
iv. Behavior (e.g., foraging, roosting, preening, bathing, flying, aggression,
walking, courtship, copulation);
v. Landscape features(s) where birds are located (e.g , inlet spit, tidal creeks,
shoals, lagoon shoreline);
vi. Habitat features(s) used by birds when observed (e.g., intertidal, fresh
wrack, old wrack, dune, mid - beach, vegetation);
vii. Substrata used by birds (e.g., sand, mud/sand, mud, algal mat); and
viii. The amount and type of recreational use (e.g., people, dogs on or off leash,
vehicles, kite - boarders).
e. All monitoring information shall be provided in standardized form on an Excel
spreadsheet. Monitoring results shall be submitted (datasheets, maps, database) on
standard electronic media (e.g., CD, DVD) to the Raleigh Field Office. Please see
REPORTING REQUIREMENTS below, for more information.

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REPORTING REQUIREMENTS
Information required in the above Terms and Conditions should be submitted to the following
address:
Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box33726
Raleigh, North Carolina 27636 -3726
(919) 856 -4520
Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial
notification must be made to the USFWS Law Enforcement Office below. Additional
notification must be made to the USFWS Ecological Services Field Office identified above and
to the NCWRC at (252) 241 -7367. 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.
Tom Chisdock
U.S. Fish and Wildlife Service
160 Zillicoa St.
Asheville, NC 28801
828 - 258 -2084
COORDINATION OF INCIDENTAL TAKE STATEMENT WITH OTHER
LAWS, REGULATIONS, AND POLICIES
The USFWS will not refer the incidental take of any migratory bird for prosecution under the
Migratory Bird Treaty Act of 1918, as amended (16 USC S 703 -712), if such take is in
compliance with the terms and conditions specified herein. Take resulting from activities that
are not in conformance with the Corps permit or this biological opinion (e.g. deliberate
harassment of wildlife, etc.) are not considered part of the proposed action and are not covered by
this incidental take statement and may be subject to enforcement action against the individual
responsible for the act.

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ESSENTIAL FISH HABITAT
29. a. The following 6 stations will continue to be sampled for a minimum of three (3) full years
past the completion of construction by the Town of Oak Island as indicated in the attached map
(February, 2015):
I. Sample Station 1 - Blue Point Marina
II. Sample Station 2 - SW Yacht
III. Sample Station 3 - SW 5'h St.
W. Sample Station 4 - SE 40th St and Heron
V. Sample Station 5 - SE 40th East
VI. Sample Station 6 - SE 57th
b. Parameters /Constituents of data collected:
Fecal coliform, salinity, conductivity, temperature, pH, and Dissolved Oxygen will be
taken at each identified station on a monthly basis. In addition rainfall and current tidal
conditions will documented.
c. Required submission timeframes:
Water quality sample station map (with GPS coordinates) and water quality database
(Excel files) with a brief summary of data (pattems /trends) will be provided digitally (CD /email)
to Mr. Fritz Rohde and Pace Wilbur ofNMFS on an annual basis.
CULTURAL RESOURCES
30. The target identified by magnetic anomaly M008, acoustic signature C0007, and the
associated sub -bottom feature constitute an unknown, potentially significant target. Any work
associated with this project must avoid the target boundary by a buffer of at least fifty (50) feet.
If this target cannot be avoided, then a professional assessment must be conducted by qualified
archaeological divers to determine its identity and potential historical significance based on
National Register of Historic Places nomination eligibility criteria.
31. The Applicant or any equipment operators should be aware that the possibility that work in
this area of the project may unearth an unknown beached shipwreck or shipwreck fragments
washed up and buried there over the last 450 years. In the event that such occurs, work must be
moved to another area. The Corps and the Underwater Archaeology Branch must be contacted
immediately (910- 458 -9042) in order for a staff member to assess the wreckage and determine
the proper course of action

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Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field
Office; Regulatory Division, telephone [phone].
Sincerely
Tyler CAmbley, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Ms. Karen Higgins
Division of Water Quality
North Carolina Department_ of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Jonathan Howell
Division of Coastal Management
Morehead City Regional Office
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Fritz Rohde
National - Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

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Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303 -8960
BOSN3/Mr. Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28403
Mr. Chad Coburn
Division of Water Resources
North Carol ma Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405