20071670 Ver 3_USACE Permit_20231215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 15, 2023
Regulatory Division
Sent by email: [e-mail]
Mr. Gregory Lodge
United States Coast Guard — CEU Cleveland
1240 E. Ninth Street, #2179
Cleveland, OH 44199
Dear Mr. Lodge,
Please reference your letter of request dated August 9, 2023, for the modification of your existing
Department of the Army (DA) permit (SAW-2007-03344) for maintenance dredging of the U.S. Coast
Guard Channel in Bogue Inlet, servicing USCG Station Emerald Isle, Carteret County, North Carolina. The
maintenance project width and depths are proposed to be the same as previous maintenance projects
(90 feet wide, 6 feet + 2 feet overdepth), except the footprint can occur anywhere within a 650-acre
corridor (see Attachment A) as long as the channel follows best, natural deep water and is the shortest
distance to the maximum extent practicable. The work authorized herein includes periodic maintenance
dredging, using a hydraulic cutter suction dredge, Government -owned sidecaster or special purpose
modified hopper dredge or mechanical (clamshell) dredge, over the course of 10 years (through 2033).
Dredged material is proposed to be placed either on the oceanfront along the southern end of Emerald
Isle beach, in open waters of Bogue Inlet or nearshore of Emerald Isle, and in upland disposal areas
(DAs) 60 and 61. The following Special Conditions will be added to the permit:
a) All work authorized by this permit must be performed in strict compliance with the attached
maps dated August 1 and September 30, 2023 which are a part of this permit (Attachment A).
The Permittee shall ensure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Any modification to these plans must be
approved by the U.S. Army Corps of Engineers (USACE) prior to implementation.
b) Pre -construction and post -construction surveys of excavation and placement areas are required.
As -built surveys for the dredging work must be provided within two weeks upon completion of
all dredging and post -construction surveys for the beach placement within 30 days upon
completion.
c) Prior to conducting beach placement activities, a pre -construction meeting must be held with
Wilmington District, Regulatory Division 30 days to ensure all parties fully understand the
conditions of this permit. Meeting participants may include, but are not limited to
representatives from the USACE Navigation Division, N.C. Division of Coastal Management
(DCM), N.C. Division of Water Resources (DWR), N.C. Wildlife Resource Commission (WRC), and
U.S. Fish and Wildlife Service (USFWS).

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d) The permittee must notify our office prior to any dredging event. This notification will include,
but is not limited to, the following: a project description or summary, demonstration of need for
the dredging, type of dredge, method and location of disposal, protected timeframe of dredging,
and estimated amount of material to be dredged. Dredging will not be permitted until approved
by our office after review of the information and coordinated with the appropriate agencies.
e) The Permittee shall require its contractors and/or agents to comply with the terms and
conditions of this Dermit in the construction and maintenance of this Droiect. 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 and drawings
shall be available at the project site during construction and maintenance of this project.
f) Section 408 analysis Memorandum for the Record dated December 5, 2023 determined that the
activities authorized do not impair the usefulness of the USACE Navigation proiect and are not
iniurious to the public interest. This Section 10/404 Permit incorporates the Standard Terms and
Conditions, as set forth in Appendix K of EC 1165-2-220, that are applicable to this permit.
g) The permittee shall ensure that an inspector is present during all beach placement activities and
immediately report to the USACE in the event any incompatible material is placed on the beach.
During operations, material placed on the beach shall be inspected daily to ensure compatibility.
Every other day during dredging. a visual assessment of the material will be conducted. and the
results of that assessment will be submitted to the USACE the same day. If during the
monitoring process non -beach compatible material (based on grain size, color, silt content, shell
percentage, or other sediment issues) is or has been placed on the beach, all work shall stop
immediately and the USACE notified by the permittee and/or its contractor to determine the
appropriate plan of action or additional monitoring measures. Final results will be coordinated
with USFWS and WRC to determine compliance with the Endangered Species Act.
h) Buoy Lines (Dredging Operations): In order to minimize potential impacts to federally -listed sea
turtle species, in -water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and 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
anv lines that could loos or tangle. must be enclosed in a olastic or rubber sleeve/tube to add
rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed
in the water.
i) Listed species and designated critical habitats within the action area boundaries are under ESA
purview of both the National Marine Fisheries Service Protective Resource Division (NMFS-PRD)
and the USFWS. The NMFS March 26, 2020 South Atlantic Regional Biological Opinion (SARBO)
for Dredging and Material Placement Activities in the Southeast United States have mandatory
terms and conditions to implement the reasonable and prudent measures that are associated
with "incidental take". Project Design Criteria (PDCs) that are subject to the specific and general
activities associated with the authorized project are included in Attachment B and must be
adhered to and implemented. The complete SARBO is available at the following site:
https://dgm.usace.army.mil/odess/#/technicallnfo

52
j) The August 28, 2017, North Carolina Coastal Beach Sand Placement Statewide Programmatic
Biologic Opinion (SPBO) contains mandatory terms and conditions to implement the reasonable
and prudent measures that are associated with "incidental take" specified in the SPBO.
Reasonable and Prudent Measures and Terms and Conditions associated with the SPBO can be
found in Attachment C and the complete SPBO is available at
https://www.boem.gov/sites/default/files/non-energy-minerals/NC-BogueB-anks-
FWSSPBO.pdf.
k) Dredging operations involving hydraulic cutter dredge plants must follow the protocols outlined
in the Dredee Plant Conditions disclosed in Attachment D. In the case of an incidental take of a
sea turtle and/or sturgeon, the Sea Turtle and/or Sturgeon Mortality Report (Attachment D) will
be filled out by the Observer immediately (within 6 hours) and e-mailed in pdf format to the
Corps contact listed below.
1) All conditions of the North Carolina Division of Coastal Management Federal Consistency
concurrence letter dated July 26, 2023 and the North Carolina Division of Water Resources
Individual 401 Water Quality Certification WQC 4206 dated November 28, 2023, are
incorporated as part of the Department of the Army permit. Therefore, they are not listed as
special conditions but are enclosed for your convenience (Attachment E)
m) The permittee shall coordinate the placement of all dredge pipelines with the Corps, the USFWS,
and the WRC prior to the mobilization of anv eauipment to the beach.
n) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee
shall implement the USFWS' Manatee Guidelines, and strictly adhere to all requirements
therein. The guidelines can be found in Attachment F or at:
https://www.fws.gov/raleigh/pdfs/manatee guidelines.pdf.
Please be reminded that this work shall only be conducted during the November 16 — March 31
environmental window, as stated in your previous permits. Any additional future maintenance
events will be reviewed separately. Your authorization expires December 31, 2033. Should you have
any questions, please contact me in Wilmington Regulatory Field Office at [phone] or
[e-mail].
Sincerely,
Emily Hughes, Project Manager
Wilmington Regulatory Field Office

ISM
Copies furnished with enclosures (via email):
Division of Water Resources
Division of Coastal Management
U.S. Fish and Wildlife Service
National Marine Fisheries Service
USACE Planning Division, Wilmington District

ATTACHMENT A
USCG DREDGING AND PLACEMENT
PLANS

Supporting/referenced figures accompanying response to Regulatory Wilmington Field Office inquiry dated 2023082S
Figure 1. General project area with US Coast Guard (USCG) Emerald Isle Station location.
20230920 SAW-2007-03344 Station Emerald Isle Dredging

Supporting/referenced figures accompanying response to Regulatory Wilmington Field Office inquiry dated 2023082S
Figure 2. US Coast Guard (USCG) Emerald Isle Station and navigation routes proposed (red dashed line) and maintained (pink dashed line) within
the 10-year project area limits (white polygon) at the Bogue Inlet area. The bottom left inset is the profile dimensions of all USCG channels within
the project boundary.
20230920 SAW-2007-03344 Station Emerald Isle Dredging

Supporting/referenced figures accompanying response to Regulatory Wilmington Field Office inquiry dated 2023082S
Figure 3. Estimated dredging route (red dashed line), anticipated location of any pipeline used (purple dotted line) and associated staging area
(star), beach sand placement shoreline, typical berm profile (bottom left inset), and current submerged aquatic vegetation (SAV) in the Bogue
Inlet area.
20230920 SAW-2007-03344 Station Emerald Isle Dredging

ATTACHMENT B
NMFS 2020 SARBO
PROJECT DESIGN CRITERIA

DREDGE.1 Maintenance dredging covered under this Opinion includes the list below, as
described in 2.3.1 of the 2020 SARBO.
• Maintenance dredging in navigation waterways and channels required to be
maintained under Title 33 (Navigation and navigable waters): Maintenance to the
dredge template provided in Title 33 or the deeper or wider template provided in
the SARBO Biological Assessment (SARBA) Appendix B (provided on the NMFS
dredging website at https://www.fisheries.noaa.gov/content/southeast-dredging)
or analyzed in an individual Section 7 consultation, including the defined
overdepth and advanced maintenance depth.
• Maintenance dredging in navigation channels (not required to be maintained
under Title 33): Maintenance to the dredge template provided in SARBA
Appendix B or to the dredge template federally authorized or permitted and
previously dredged. The dredging template includes the overdepth and advanced
maintenance depth analyzed in a consultation during the evaluation of the
previous dredging event.
• Maintenance activities should occur at a frequency such that the area is
navigable, barring a sudden change from a storm, and that returning the area to
the authorized or permitted dredge template does not alter the hydrology of the
area. For example, dredging a channel that has not been maintained and
gradually returned to the surrounding conditions, is not considered maintenance.
• Maintenance dredging in navigation channels other than the main federal
channels, such as the secondary channel sections of a braided river that is not
part of the main channel, or a channel/canal that connects the main navigation
channel to coastal communities and/or coastal neighborhoods.
• Maintenance dredging areas other than navigation channels: Maintenance
dredging of an area to the previously authorized dredge template, as further
specified below. Maintenance dredging in areas other than navigation channels
may include:
o Maintenance dredging ports and berths along maintained navigation
channels including those not owned and operated by a Port Authority.
o Maintenance dredging in smaller areas such as public and private marinas,
boat ramps, and around docks.
Maintenance of sediment traps: Maintenance of existing sediment traps to the
previous dredge template.
Minor channel modifications, realignment, or bend easing: Minor channel
modifications considered under this Opinion are limited to minor realignments that
follow the naturally shifting deep water channel to the same depth and width as
the previously maintained channel or realignment of an existing channel that
shifted. Intentional minor realignment (e.g. bend easing) is not covered.

PLACER Beneficial use (e.g., beach nourishment, nearshore placement, or muck
dredging considered under 2020 SARBO or marsh creation locations analyzed under a
separate ESA Section 7 consultation, but filled with material dredged under 2020 SARBO)
• Beach nourishment described in Section 2.4.1 2020 SARBO and PDC PLACE.2.
• Nearshore placement described in Section 2.4.2 2020 SARBO and PDC PLACE.3.
• Beneficial use placement of material where the dredging of the material is covered under
this Opinion and placement of material in a specific location was analyzed under an
individual Section 7 consultation (e.g., placement of material used in marsh creation).
• Beneficial use activities not covered include thin -layer placement (e.g., used for marsh
creation or other disposal method), filling of holes to improve water quality, filling of holes
or minor depressions to restore the appropriate depth for habitat restoration, or other
similar placement activities.
PLACE.2 Beach nourishment projects are covered under this Opinion if they meet the
conditions listed below and described in Section 2.4.1 of the 2020 SARBO.
• Beach nourishment in the locations and defined beach sand placement template
described in SARBA Appendix B.
• Beach nourishment in areas that has been previously analyzed in a Separate Section 7
consultation, filled, and is being nourished again to the same beach sand placement
template.
• Placement on the uplands for activities with no intended equilibrium to occur in water
(e.g., dune restoration) is outside of the jurisdiction of NMFS.
• No beach nourishment projects are covered in the U.S. Caribbean.
• New beach nourishment and placement is allowed outside the range of corals (as
defined in the Coral PDCs in Appendix C) if it meets the conditions below. For the
purposes of this Opinion, new beach placement is defined as placement of sand on an
existing beach that has not been previously nourished. o Placement of beach sand
outside of Florida will be compatible with the native beach sediment composition to
minimize turbidity in the surrounding in -water environment.
o New beach placement is allowed if the design profile is similar/consistent to adjacent
beaches. This does not include non-traditional beach nourishment designs such as those
that protrude and may obstruct species movement along the shore.
o All new beach nourishment is limited to placement in areas lacking hardbottom (e.g.,
worm -rock or other forms of non -coral hardbottom) and seagrasses that may be used as
foraging or refuge habitat for ESA -listed species.
EDUCATEA 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.
EDUCATE.2 All on -site project personnel are responsible for observing water -related
activities for the presence of ESA -listed species.

EDUCATE.3 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.
EDUCATE.4 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.
INWATERA 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 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:
1. All vessels will preferentially follow deep -water routes (e.g., marked channels) to
avoid potential groundings or damaging bottom resources whenever possible and
practicable.
2. 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.
3. 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.
INWATER.3 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.
INWATER.4 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.
INWATER.5 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.
CUTTERA The cutterhead will not be engaged/turned on when not embedded in the
sediment, to the maximum extent possible.
OBSERVER 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).
OBSERVE.2 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.4 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 ([e-mail]).
Sea turtle take will also be reported to the appropriate state species representative
(https://www.fisheries.noaa.gov/state-coordinators-seaturtlestranding-and-salvage-
network).

OBSERVE.5 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 only by a PSO that meets the qualifications provided by NMFS.

ATTACHMENT C
USFWS STATEWIDE PROGRAMMATIC
BIOLOGICAL OPINION
REASONABLE AND PRUDENT
MEASURES AND TERMS AND
CONDITIONS

NORTH CAROLINA
STATEWIDE PROGRAMMATIC BIOLOGICAL OPINION (SPBO)
BEACH SAND PLACEMENT
August 28, 2017
INTRODUCTION
A biological opinion (BO) is the document that states the opinion of the U.S. Fish and Wildlife Service
(Service) as to whether a federal action is likely to jeopardize the continued existence of listed species or
result in the destruction or adverse modification of designated critical habitat. This BO addresses piping
plover (Charadrius melodus melodus), red knot (Calidris canutus rufa), seabeach amaranth (Amaranthus
pumilus), and the loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), green (Chelonia
mydas), hawksbill (Eretmochelys imbricata), and Kemp's ridley sea turtles (Lepidochelys kempii).
Designated critical habitat for wintering piping plovers and terrestrial critical habitat for loggerhead sea
turtles is also addressed. The BO evaluates the effects of the Action along with those resulting from
interrelated and interdependent actions, and from non-federal actions unrelated to the proposed Action
(cumulative effects), relative to the status of the species and the status of the critical habitat to arrive at a
Service opinion that the proposed action is or isn't likely to jeopardize species or adversely modify
critical habitat. Jeopardize the continued existence of means to engage in an action that reasonably would
be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery
of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50
CFR §402.02). Destruction or adverse modification of designated critical habitat means a direct or
indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed
species. Such alterations may include, but are not limited to, those that alter the physical or biological
features essential to the conservation of a species or that preclude or significantly delay development of
such features (50 CFR §402.02). The entire SPBO can be accessed at
http://www.fws.gov/raleigh/pdfs/spbo.pdf .
Below are following Reasonable and Pruden Measures and Terms and Conditions of the SPBO:
REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS
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 in the
Action Area for the following sand placement activities:
A. Sand placement from beach nourishment activities; and
B. Sand placement from navigation channel maintenance.
If unable to comply with the RPMs and Terms and Conditions, the Corps, as the regulatory authority or
construction agent may:
1. 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 SPBO; or
2. Initiate consultation with the Service for the specific projector activity.
The Service may respond by either of the following:

1. Allowing an exception to the Terms and Conditions under the SPBO; or
2. Recommending or accepting initiation of consultation (if initiated by the Corps) for the specific
project or activity.
REASONABLE AND PRUDENT MEASURES for:
A. Projects that include sand placement from beach nourishment activities, primarily for shore
protection (these projects are usually larger scaled) shall include the following measures:
Post -construction requirements are listed in Reasonable and Prudent Measures A.13, A.16, A.17, A.18,
A.19, and A.21. These post -construction requirements maybe subject to congressional authorization and
the allocation of funds. If the Corps or Permittee cannot fulfill these Reasonable and Prudent Measures,
the Corps must reinitiate consultation.
RPMs — All Species
A.1. Conservation Measures included in the Corps' Programmatic Biological Assessment (PBA) that
address protection of nesting sea turtles, piping plovers, red knots, and seabeach amaranth shall
be implemented in the Corps federally authorized project or regulated activity. 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.
A.2. The Corps will notify the Service of the commencement of projects that utilize this SPBO for the
purposes of tracking incidental take of all species.
A.3. For the life of the project, all sand placement activities above MHW must be conducted within
the winter work window (November 16 to April 30).
A.4. 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.
A.5. During construction, trash and food items shall be disposed of properly either in predator -proof
receptacles, or in receptacles that are emptied each night to minimize the potential for attracting
predators of piping plovers, red knots, and sea turtles.
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC.
Pipeline placement coordination may be accomplished through the permit application or Corps'
contract processes utilizing appropriate GIS tools.
A.7. 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.
A.8. A meeting between representatives of the Permittee or Corps, the Service, NCWRC, and
NCDCM, must be held prior to the commencement of work on each project.
A.9. The Corps shall facilitate an annual meeting with the Service to assess the effectiveness of the
protection and minimization measures outlined in this SPBO.

RPMs - Piping Plovers and Red Knots
A.10. 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.
A.11. If project -related activities will potentially adversely affect nesting shorebirds or active nesting
habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to
proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors
within the project area, then the Corps or Permittee must contact the Service and NCWRC as
soon as possible.
A.12. If project activities will be conducted in Optimal Piping Plover Areas (defined in Terms and
Conditions A.13 and A.14), the Corps or the Permittee shall clearly delineate work areas within
the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and access points.
Disturbance outside those delineated work areas must be limited to the maximum extent
possible, thereby minimizing effects to sandy unvegetated habitat within the project footprint.
A.13. If project activities will be conducted in Optimal Piping Plover Areas (defined in Term and
ConditionsA.13 and A.14), the Corps, the Permittee, or the local sponsor shall provide the
mechanisms necessary to monitor impacts to the piping plovers from the project for two years
post -construction.
RPMs — Loggerhead, Green, Leatherback, Hawksbill, and Kemp's Ridley Sea Turtles
A.14. Only beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence (defined in Term and Condition A.18) shall be used for sand placement.
A.15. 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 Corps to determine the
appropriate plan of action.
A.16. 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.
A.17. 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.
A.18. 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.

A.19. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken,
must be submitted to the Service following completion of work for each year when a sand
placement activity has occurred.
A.20. If a dune system is part of the project design, the placement and design of the dune must be
coordinated with the Service.
RPMs — Seabeach Amaranth
A.21. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring
program.
TERMS AND CONDITIONS FOR:
A. Sand placement from beach nourishment activities
All conservation measures described in the Corps' Programmatic Biological Assessment are hereby
incorporated by reference as Terms and Conditions within this document pursuant to 50 CFR §402.14(I)
with the addition of the following Terms and Conditions. In order to be exempt from the prohibitions of
section 9 of the Act, the Corps shall comply with the following Terms and Conditions, which implement
the Reasonable and Prudent Measures, described above and outline reporting/monitoring requirements.
These terms and conditions are non -discretionary.
Post -construction requirements are listed in Terms and Conditions A.13, A.14, A.17, A.18, A.19, A.20,
A.22, A.23, A.24, A.25, and A.26. These post -construction requirements may be subject to congressional
authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Terms and
Conditions, the Corps must reinitiate consultation.
Terms and Conditions — All Species
A.1. Conservation Measures included in the Corps' PBA that address protection of nesting sea turtles,
piping plover, red knot, and seabeach amaranth listed on pages 10-11 of the SPBO shall be
implemented in the Corps federally authorized project or regulated activity.
A.2. The Corps or the Permittee must provide the following information to the Service at least 10
business days prior to the commencement of work:
a) Project location (include latitude and longitude coordinates, as well as mile markers,
cross streets, or street addresses if available);
b) Project description (including linear feet of beach, actual fill template, access points, and
borrow areas); and
c) Anticipated date of commencement and anticipated duration of construction.
A.3. 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 a variance is approved after
additional consultation with the Service.
A.4. 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. If debris removal activities take place

during shorebird breeding season (April 1— August 31), the work shall be conducted during
daylight hours only.
A.S. During construction, trash and food items shall be disposed of properly either in predator -proof
receptacles, or in receptacles that are emptied each night to minimize the potential for attracting
predators of piping plovers, red knots, and sea turtles.
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC.
This may be accomplished through the permit application or Corps' contract processes utilizing
appropriate GIS tools.
A.7. 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.
A.B. A meeting between representatives of the contractor(s), the Corps, the Service, the NCWRC, and
NCDCM, must be held prior to the commencement of work. Advance notice (of at least 5
business days) must be provided prior to conducting this meeting. The meeting will provide an
opportunity for explanation and/or clarification of the Conservation Measures and Terms and
Conditions, and will include the following:
a) Staging locations, and storing of equipment, including fuel stations;
b) Coordination with the surveyors on required species surveys;
c) Pipeline placement;
d) Minimization of driving within and around the Action Area;
e) Follow up coordination during construction and post construction;
f) Direction of the work including progression of sand placement along the beach;
g) Plans for compaction monitoring;
h) Plans for escarpment surveys and
i) Names and qualifications of personnel involved in any required species surveys.
A.9. Following the preconstruction meeting, the Corps shall provide the Service with specific
anticipated shoreline lengths and anticipated duration of the project, using the form on the
following web link:
<https://www. fws.gov/northflorida/SeaTurtles/Docs/Corp%20o�/o20Engineers%20Sea%20Turtle
%20Permit%20Inf6rmation.pdf >. Only the following information should be filled out: Corps
permit number, FWS Log Number, Project Location, Construction Activity, Duration of Project,
and Actual Take (linear feet of beach). This form shall be emailed to the Service at
<[e-mail]>. The form should be filled out using information from the permit
application or authorization. This form is in addition to the annual report, listed below.
A.10. The Corps shall meet with the Service, NCDCM, and NCWRC (and cooperating agencies such as
BOEM, as appropriate) annually to discuss the effectiveness of the avoidance measures and
additional measures to include for future projects. The agencies will also review the projects
utilizing this SPBO the previous year to ensure that the reporting requirements for calculating the
extent of take are adequate. This meeting will also explore:
a) The possibility of using dredged materials to enhance potential or existing piping plover
habitat within and adjacent to the project area;
b) Methods for funding beneficial use opportunities for dredged materials that are not least -
cost disposal to benefit piping plovers and their habitat;
c) The development of shore protection design guidelines that can be utilized during future
project planning to protect and/or enhance piping plover habitat; and

d) Incorporating artificial lagoons or ephemeral pools into project designs adjacent to inlets
where sand placement is proposed.
Terms and Conditions — Piping Plovers and Red Knots
A.11. 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
negatively impacting shorebirds and allowing them to exit the area.
A.12. If project -related activities will potentially adversely affect nesting shorebirds or active nesting
habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to
proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors
within the project area, then the Corps or Permittee must contact the Service and NCWRC as
soon as possible.
A.13. If project activities will be conducted in Optimal Piping Plover Areas, piping plover habitat
(sandy unvegetated habitat) within the Optimal Piping Plover Area shall be avoided to the
maximum extent practicable when staging equipment, establishing travel corridors, and aligning
pipeline. The Corps or the Permittee, to the maximum extent practicable, shall clearly delineate
work areas within the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and
access points. Disturbance outside those delineated work areas must be limited, thereby
minimizing effects to sandy unvegetated habitat. Driving on the beach for construction shall be
limited to the minimum necessary within the designated travel corridor. The delineation of work
corridors and work areas in authorized project plans will be sufficient to meet this term and
condition.
Optimal Piping Plover Areas are defined as having documented use by piping plovers, and they
include coastal habitat features that function mostly unimpeded. Optimal Piping Plover Areas
include:
a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes are
allowed to function, mostly unimpeded*, that have any of the following features in the
Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent Soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.
[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally
does not include public lands that are solely state-owned water bottoms, street ends, parking lots,
piers, beach accesses, heavily -developed or highly -manipulated parks, or shoreline developed for
commercial or residential purposes. It generally does include public lands consisting of
undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.]

A.14. If project related activities will be conducted in Optimal Piping Plover Areas, then the piping
plover and red knot survey protocol in Appendix D must be followed. Two full years of post -
construction monitoring is required. Optimal Piping Plover Areas include:
a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes are
allowed to function, mostly unimpeded*, that have any of the following features in the
Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.
[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally
does not include public lands that are solely state-owned water bottoms, street ends, parking lots,
piers, beach accesses, heavily -developed or highly -manipulated parks, or shoreline developed for
commercial or residential purposes. It generally does include public lands consisting of
undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.]
Terms and Conditions — Sea Turtles
A.15. Only 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 most
recent version of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312)
is considered compatible.
A.16. 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, Corps, and BOEM (as appropriate) will be notified by the permittee and/or its
contractors to determine the appropriate plan of action. Required actions may include immediate
removal of material and/or long-term remediation activities.
A.17. Daily 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 Corps or permittee
will be responsible to collect the data. Data collected for each nest should include, at a minimum,
the information in the table, below. This information will be provided to the Service 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
Visual Assessment
Number/location of false crawls in nourished areas; any interaction of
False Crawls
of all false crawls
turtles with obstructions, such as sand bags or scarps, should be noted.
False Crawl
Categorization of
Number in each of the following categories:
Type
the stage at which
a) Emergence - no digging;
nesting was
b) Preliminary body pit;
abandoned
c) 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
Disoriented sea
The number of disoriented hatchlings and adults.
Impacts
turtles
A. 18. 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.

A.19. 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 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 1 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 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.
e) These conditions will be evaluated and may be modified if necessary to address and
identify sand compaction problems.
A.20. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken,
must be submitted to the Service following completion of the proposed work for each year when
a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below.
A.21. If a dune system is part of the project design, the placement and design of the dune must be
coordinated with the Service.
Terms and Conditions — Seabeach Amaranth
A.22. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring program
in accordance with April 19, 1993 Biological Opinion for various U.S. Army Corps of Engineers'
projects and Terms and Conditions A.23 to A.26, below..
A.23. The Corps should survey beach sand placement areas for at least five years following each
placement event, to determine the status of the seabeach amaranth populations in the project areas
and the effects that beach disposal has on this species. Surveys should be conducted in August or
September so that the number of plants reaching reproductive age can be determined.
A.24. Suitable habitat along shoreline reaches that have received sand within the previous five years
should be surveyed for the occurrence of seabeach amaranth. Documentation for each seabeach
amaranth plant should include location (using a handheld GPS unit), unique features,
abnormalities, or other relevant information. If multiple plants are observed in an area, a single
representative GPS point may be logged with accompanying notes describing total plants
associated with that point.
A.25. A Corps report describing the seabeach amaranth survey and results should be submitted to
Service, the North Carolina Natural Heritage Program, and the North Carolina Plant Conservation
Program, by December 31 of 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 sand placement areas.

A.26. 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
section - Reasonable and Prudent Measures). No tilling should be conducted in the immediate
areas where seabeach amaranth plants are growing.

ATTACHMENT D
Dredge Plant Conditions, Checklist, and
ODESS Forms

Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants
1. Reporting requirements:
a. Pre -Construction Notification: At least 2 weeks prior to 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(@usace.army.mil 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(c)-usace.army. miI 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(oD-usace.army. miI and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes).

z
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 dredge assigned to the work authorized by this permit is
equipped with DQM, previously known as `Silent Inspector', for 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://dgm.usace.army.mil/. 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.

South Atlantic Regional Biological Opinion (March 2020)
Pre -Construction Notification Form
This form is used by the U.S. Army Corps of Engineers to document compliance with
Section 2.9.3.5 of the South Atlantic Regional Biological Opinion (SARBO). You are
required to complete this form and submit it via email to the email addresses listed in
the special condition in the USACE permit TWO WEEKS prior to commencing work.
The form must be completed electronically using the form feature (i.e. do not handwrite
or create text boxes).
1) USACE Project Manager (point of contact and contact information):
2) Protected Species Observer (PSO)
a) Willa PSO be used? O Yes O No
b) Provide the observer company, if a PSO was used, and contact information:
3) List all federal action agenc /s associated with project (Select all that apply):
USACE: ❑ SAD [I SAC F_]SAJ ❑ SAS ❑ SAW
❑ FEMA ❑ BOEM U.S. Air ❑ Other:
Force
4) All federal action agency project tracking numbers associated with the project, if
applicable (e.g., USACE Regulatory tracking number, e.g., SAW-2018-xxxxx):
5) Biological Opinion(s) used to authorize the work:
❑ SARBO
❑ JAXBO (SAJ)
SARBO 2020 PCN Form Page 1 of 4 Form date 24 June 2020

6) Estimated project start date:
7) Estimated project complete date:
8) Project name (Typically projects are referred to by the name of the area. If the area
has more than one common name, all common names should be provided):
9) Project location:
a) Project location for dredging'. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx,-xx.xxxx]).
b) Project location for placement. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
10) Is the project occurring in an area identified in this Opinion that requires additional
protection (select all that apply)?
❑ ESA -listed coral (Appendix C)
❑ Sturgeon rivers (Appendix E)
❑ Johnson's seagrass (Appendix D)
❑ When and where North Atlantic right whales may be present (Appendix F)
1 Project spatiolocation (i.e., shapefile/.kmz) to show the complete action area is needed if this information
has not been previously provided to NMFS.
SARBO 2020 PCN Form Page 2 of 4 Form date 24 June 2020

11) and 12) Is the project occurring within the geographic limits of a designated critical
habitat, even if features are not impacted? Total area of the project that occurs
within the geographic area of one or more critical habitat units, if applicable.
Critical habitat
Unit
Additional unit
Total area
if applicable
Square feet
Green sea turtle
Select one
N/A
Leatherback sea
N/A
turtle
Select One
Loggerhead sea
Select One
turtle
Select One
Hawksbill sea turtle
Select One Select One
Atlantic sturgeon
Select One Select One
Acropora (Elkhorn
and sta horn coral)Select
One
N/A
Johnson's seagrass
Select One Select One
North Atlantic right
N/A
whale
Select One
13)Project type/s (Check all that apply):
❑ Maintenance Dredging ❑ Minor channel modification/realignment
❑ Borrow site ❑ Muck dredging
❑ Beach nourishment ❑ Nearshore placement
❑ ODMDS ❑ G&G survey
❑ New placement location ❑ Other
14)Pre-project proposed dredge and placement total volume in cubic yards.
Dredge: Placement:
15)Previous dredge templates:
a) Does dredging exceed the previously federally -approved or federally -authorized
dredge template including previously considered overdepth and/or advanced
maintenance? 0 Yes ONo
b) If you selected yes to question 16a, provide an explanation (e.g., approved
through supersede, unintentional/unusual event and lesson learned).
SARBO 2020 PCN Form Page 3 of 4 Form date 24 June 2020

16)Select all of the vessels and specific equipment used on project. A single project
may include more than 1 category of equipment listed below for a portion or all of a
project. The equipment types expected to be used and listed with the pre -
construction notification will be updated at the end of the project if modifications
were necessary.
❑ Hopper dredge
Modified hopper
❑ Non -hopper dredging equipment (e.g., bucket, clamshell, cutterhead, water -
injection, bed -leveling to complete project)
❑ Bed -leveling (used as the sole form of material movement or just during clean-up
phase of hopper dredging).
❑ Geophysical survey
Relocation trawling
❑ New Equipment or construction method approved through the SARBO
Supersede 2 process outlined in Section 2.9.5.2 of this Opinion.
17)The Corps regulatory project manager confirms that all applicable PDCs have been
reviewed and will be requirements of the permit, as noted in the decision document?
O Yes O No
18) Date Pre -Construction Form completed and emailed:
SARBO 2020 PCN Form Page 4 of 4 Form date 24 June 2020

Operations & Dredging FIM
Endangered Species System (ODESS) 0 USArof ne Corps
Marine Mammal Observadon
District Project Contract
Dredge Dredging Company Load Number (Re uired)/Date
Start Date (Required) Start Time(24 hours)(Required) End Date (Required) End Time(24 hours)(Required)
Beaufort Sea State
❑ 0 (0-1 kn, 0-0 ft)
❑ 1 (1-3 kn, 0-1 ft)
❑ 2 (4-6 kn,1-2 ft)
❑ 3 (6-10 kn, 2-3.5 ft)
❑ 4(10-16 kn, 3.5-6 ft)
❑ 5 (16-21 kn, 6-9 ft)
LI 6 (21-27 kn, 9-13 ft)
❑ 7 (27-33 kn, 13-19 ft)
❑ B (33-40 Im,19-25 ft)
Cl 9 (40-47 kn, 25-32 ft)
❑ 10 (47-55 kn, 32-41 ft)
❑ 11 (55-63 kn, 41-52 ft)
❑ 12(>63 kn,>52 ft)
Species Observed (Required)
❑ Bryde's/Sei Whale
# Est. Length (ft.)
❑ Fin Whale
#_ Est. Length (ft.)
❑ Humpback Whale
#_ Est. Length (ft.) _
❑ Manatee
#_ Est. Length (ft.)
❑ Minke Whale
#_ Est. Length (ft.)
❑ Pilot Whale
# Est. Length (ft.)
❑ Right Whale
#_ Est. Length (ft.)
❑ Unknown
# Est. Length (ft.) _
AirTemp(°C) WaterTemp(°C) Winds(K) Seas (ft) Cloud Cover (46)
Magnetic Bearing to Sighting Estimated Distance Vessel's Heading Heading of Animal(s)
Coloration Fins or Flippers Observed
. ommenr5
nuw rm uN u/r u,.... J/muvr: vvnu wm:wuuru:/
Surfacing Intervals Time
Surfacing Intervals Distance
Observer(s) Name(s) (Required; Print) Observer(s) Signature(s) Observer(s) Company
_F -IF
ODESS Form 4(7) - 071116

Operations & Dredging 073
Endangered Species System (ODESS) US Army Corps
0 Sturgeon Mddent of Engineers.
District Project Contract
Dredge Dredging Company Species (Required)
❑ Atlantic ❑ Gulf ❑ Unknown
❑ Green ❑ Shormose
Load Number (Required)/Date Recovery Date (Required) Recovery Time (24 hours) (Required) Is this aTake? (Required)
❑ Yes
❑ No
Incident/rake Description
Location Specimen Recovered
Specimen Condition
Rows of Preanal Shields
❑ Deck
❑ Hopper
❑ Alive
❑ Severely Decomposed (SSN='1/ATL-2)
❑ Draghead
❑ Overflow Screen (Circle one)
❑ Dead
❑ Skeleton
❑ Inflow Cage (Circle one)
Starboard/Port/Other
❑ Fresh Dead
❑ Skeleton Old Bone
Starboard/Port/Other
❑ Pipe
❑ Moderately Decomposed
❑ Undetermined
Location Comment
If Dorsal Scutes(SSN=8-13/ATL=7-16) #Lateral Scores (SSN=22-33/ATL=24-35) # Ventral Scutes(SSN=7-11/ATL=6-9)
Fork Length (cm/in) Standard Length (cm/in) Total Length (cm7in)
Mouth Width (cm/in) Head Width at Eyes (cm/in) Other (can)
Genetic Samples Taken? Samples Frozen/Preserved? Photo Attached?
❑ Yes ❑ No ❑ Yes ❑ No (if yes, label the species, date, geographicsite, and
dredge name on the photo)
❑ Yes ❑ No
Comments
Use these diagrams to illustrate the specimen/part that was recovered.
R. 7.•Yl 11Y�t�l)71 (1'. �Vl���ri4 1trr,�
r
Observer(s) Name(s) (Required, Print) Observer(s) Signature(s) Observer(s) Company
ODESS Form 3(6)-071116

Operations & Dredging 091
Endangered Species System (ODESS) US Army Corps
4 Tuvde
of Engineers.
Or(�Qoc ent
District Project Contract
Dredge Dredging Company Species (Required)
❑ Green
❑ Hawksbill
❑ Kep's Ridley
Load Number (Required)/Date Is this aTake? (Required) ProjectIncident# ❑m
❑ Lepsack
❑ Yes (Required) ❑ Loggerhead
❑ No ❑ Unknown
Recovery Date (Required) RecoveryTime (24 hours) (Required)
AirTemp (°Q Surface Water Temperature ("Q
Mid -Depth WaterTemperature ("C) Bottom Water Temperature (oQ
Location Specimen Recovered
❑ Deck
❑ Draghead
❑ Inflow Cage (Circle one)
Starboard/Port(Other
❑ Hopper
❑ Overflow Screen (Circle one)
Starboard/Port/Other
❑ Pipe
Location Comment
Tap Type Head Width (cm7in)
❑ Flipper ❑Other
❑ Pit
e Class
Gender
Specimen Condition
❑ Juvenile
❑ Female
❑ Alive
(10.1-80cm)
❑ Male
❑ Dead
❑ Sub -Adult
❑ Unknown
❑ Fresh Dead
(80.1-87cm)
❑ Moderately Decomposed
❑ Adult
❑ Severely Decomposed
. (>87cm)
❑ Skeleton
❑ Unknown
❑ Skeleton Old Bone
❑ Undetermined
How Gender Determined
Photo Attached? (if Yes, label the
❑ Tail Length
species,. date, geographicsite, and
❑ Eggs Observed
dredge name on thephoto)
❑ Other I
1 ❑ Yes ❑ No
Tag Number Plastron Length (cm/in) Carapace Straight Length (cm/in) Carapace Curved Length (crn in)
Tag Date Plastron Width (cm/in) Carapace Straight Width (cm/in) Carapace Curved Width (cnt in)
Genetic Samples Taken? Final Disposition of Specimen
❑ Yes
❑ No
Use these diagrams to illustrate the specimen/part that was recovered. Comments
Observers) Name(s) (Required, Print) Observer(s) Signature(s) Observer(s) Company
ODESS Form 2(6) - 071116 1 1 . I .

ATTACHMENT E
NCDCM Federal Consistency Concurrence
and NCDWR 401 Water Quality
Certification

Doc 1" Envelope ID: 07EFC129-7049 41D2-BCBB-8A8C86C3E3D6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 28, 2023
DWR # 20071670 v3
Carteret County
United States Coast Guard — CEU Cleveland
Attn: Gregory Lodge
1240 E. Ninth Street, Room 2179
Cleveland, OH 44199
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
USCG Station Emerald Isle Maintenance Dredging
USACE Action ID. No. SAW-2007-00334
Dear Mr. Lodge:
Attached hereto is a copy of Certification No.WQ0004206 issued to United States Coast Guard at Station
Emerald Isle, dated November 28, 2023. This Certification replaces the Certification issued on October
18, 2019. This Certification is being issued pursuant to a modification request submitted on September 18,
2023 to expand the project area to allow for maintenance dredging to occur as needed within an
approximately 650-acre area and to extend the authorization until 2033.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Water Quality Certification. If you change your
project, you must notify the Division and you may be required to submit a new application package with
the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 2 of 9
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, DocuSigned by:
1048554BOF62DED464...
6V UA Sa —�C"
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,n W10-Ift /� 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 3 of 9
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Electronic cc: Emly Hughes, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20071670v3 USCG Emerald Isle IWQC CartCo Nov.23.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n U10-Ift /� 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004206 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500 and 15A NCAC 02B .0200, to Gregory Lodge and United States Coast Guard at Station Emerald Isle,
who have authorization for the impacts listed below, as described within your modification request
received by the Division of Water Resources (DWR) on September 18, 2023 and subsequent information
received on October 26, 2023, and by Public Notice issued by the U. S. Army Corps of Engineers on
September 26, 2023.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. Please note the acreage approved is the defined project
area in which the maintenance excavation could be conducted. The approved federal channel
consists of a fixed width and depth, the length of area to be maintained is determined by existing
hydrographic conditions at the time by following the deepest water and shortest route necessary to
provide safe access from the Station to the Atlantic Intracoastal Waterway and Atlantic Ocean.
Impacts added or removed pursuant to this modification are shown in bold within the impacts tables.
No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Open Waters
Historical limits of
N/A
650 acres
N/A
Dynamic Federal
(maintenance excavation)
Channel
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open
shellfish water will cause a (temporary) closure of that water which in turn is a degradation of
waters and a violation of tidal saltwater quality standards for Class SA Waters. Shellfish Sanitation
(252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to
occur.
Citation: 15A NCAC 028.0221
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be employed
to protect against direct or indirect discharge of waste or other sources of water pollution. Surface
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprU—t of EmlmMIB�I OwI 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 5 of 9
water quality standards require that conditions of waters be suitable for all best uses provided for
in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity, wildlife, secondary contact recreation, agriculture, and shellfishing for
marketing purposes) and that activities must not cause water pollution that precludes any best use
on a short-term or long-term basis.
The Permittee shall adhere specifically to 15A NCAC 02B .0221 Tidal Salt Water Quality Standards
for Class SA Waters. (12) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if
turbidity exceeds this level due to natural background conditions, the existing turbidity level
shall not be increased.
Citation: 15A NCAC 028.0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife, and secondary contact recreation], and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
Canals or boat basins shall not be dredged beyond their original depth and width. In this case the
waters within the maintenance dredge area are authorized to a maximum width of 90 feet and a
maximum depth of -6 feet Mean Low Water (plus -2 foot over dredge)
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 6 of 9
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
6. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 7 of 9
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
8. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
9. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 8 of 9
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected, populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
12. The 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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 07EFC129-7049-41D2-BCBB-8A8C86C3E3D6
USCG Station Emerald Isle Maintenance Dredging
DWR# 200716700
Individual Certification #WQC004206
Page 9 of 9
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
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 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 28th day of November 2023
DocuSigned by:
8554BOF62DED464...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n U10-Ift /� 919.707.9000

ATTACHMENT F
USFWS 2017
MANATEE GUIDELINES

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water -related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field
Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
, 73
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
3