20052016 Ver 4_USACE Permit_20240412

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 9, 2024
Regulatory Division
Action ID No. SAW-2005-00158, General Permit No. 198000291
State Permit No. 190-05
Town of Surf City
Attn: Kyle Breuer, Town Manager
P.O. Box 2475
Surf City, North Carolina 28445
[e-mail]
Dear Mr. Breuer:
Through coordination with the North Carolina Division of Coastal Management, we
have learned of your request to renew the work associated with your Department of the
Army (DA) permit issued on December 22, 2005 (subsequently modified and
reauthorized in 2017 and 2019), which authorized the beach bulldozing and dune
restoration activity along the oceanfront shoreline of Surf City, in Pender County, North
Carolina. An additional request to modify the permit was received March 7, 2024, which
requests an emergency dune repair located on the oceanfront shoreline adjacent to S
Shore Drive, from just south of Quarterhorse Avenue to just north of Seahorse Avenue.
Work associated with the dune repair is anticipated to be completed within 1 week and
must be finalized prior to May 1.
Your proposal continues to be consistent with the provisions and objectives of
general permit 198000291 (copy enclosed). The permit is hereby renewed and
modified. Any future work proposed below mean high water (MHW) will require further
coordination with this office and will include detailed plans including specific site
location(s) along the shoreline, and volumes associated with the bulldozing activity. It is
understood that all conditions of your permit conditions remain applicable, and that the
new expiration date of your DA permit is December 31, 2026.
Please read the enclosed permit to prevent an unintentional violation of Federal law.
As this Department of the Army regional general permit does not relieve you of the
responsibility to obtain any other required approvals, you should contact appropriate
State and local agencies before beginning work.

-2-
Thank you for your time and cooperation. If you have questions, please contact Liz
Hair, of the Wilmington Regulatory Field Office, by email at
[e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosure:
GP 291 conditions
Terms and Conditions from the USFWS SPBO for sand placement.
401 Certification dated 11 /8/2023.
CAMA Major permit 190-05 RENEWAL dated 4/2/2024.
Minor Modification request dated March 7, 2024.
Electronic Copy Furnished:
Agent- TI Coastal; Mr. Chris Gibson/ Mr. Jamie Pratt
NCDEQ/DCM; Ms. Heather Coats
NCDEQ/DWR; Ms. Holley Snider
USEPA; Mr. Todd Bowers
USFWS; Ms. Kathy Matthews

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/Re ug latoryPermitPro rg am.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operatinst Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.

b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.

i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
in. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at

http://www.saw.usace.arM.mil/Missions/Navigation/Setbacks.awx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land -clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.

i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAVgusace.army.mil.
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
in. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.

p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such

designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species -specific endangered species
conditions to the RGP verification letter for a project.
(4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.g_ov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of

whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PBOs), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw.usace.ariny.mil/Missions/Re ug latory-Permit-Pro rg am/A ency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition ("s")
will no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/1\4anateeGuidelines20l7.pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized

facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cgd5waterways&uscg.mil.
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:
WamiA.ett
Colonel, U.S. Army
District Commander

The history of shore protection activities in North Carolina is extensive and consists of a myriad of
actions performed by local, State, and Federal entities. Future beach placement actions addressed in this
SPBO may include maintenance of these existing projects or beaches that have not experienced a history
of beach placement activities.
The Service and National Oceanic and Atmospheric Administration's (NOAA) National Marine
Fisheries Service (NMFS) share Federal jurisdiction for sea turtles under the Act. The Service has
responsibility for sea turtles on the nesting beach. The Service and the NMFS share Federal jurisdiction
for sea turtles under the ESA. NMFS has jurisdiction for sea turtles in the marine environment. This
SPBO only addresses activities that may impact nesting sea turtles, their nests and eggs, and hatchlings
as they emerge from the nest and crawl to the sea. NMFS will assess and consult with the Corps
concerning potential impacts to sea turtles in the marine environment, including updrift and downdrift
nearshore areas affected by sand placement projects on the beach.
1.1 Action Area
The Service has described the action area to include sandy oceanfront beaches of North Carolina, for
reasons that will be explained and discussed in the "EFFECTS OF THE ACTION" section of this
consultation. The Programmatic Biological Assessment (PBA) defines currently managed shorelines in
North Carolina as those that include active projects and those that are under study. The length of
currently managed shoreline is 112 miles, but is anticipated to eventually grow to 163 miles. Based on
the current length of managed shoreline in North Carolina, the BA anticipates that sand placement
considered in this opinion will affect up to 25 miles of shoreline annually in North Carolina. However,
after major storms, increases in the annual length of sand placement are expected. In years following
major storm events, the BA states that a 250% increase in average annual sand placement can
reasonably be expected. Therefore, in post -storm years (declared disaster or Congressional Order); a
maximum length of annual sand placement is 62.5 miles (25 miles plus an additional 27.5 miles).
1.2. Conservation Measures: Corps Commitments as listed in the Final Programmatic
Biological Assessment
The following language from the PBA lists the Conservation Measures proposed by the Corps. All sand
placement projects would employ each of the following measures to reduce impacts on listed species
and critical habitats:
Piping Plover and Red Knot
1) All sand placement activities will be completed between 16 November and 30 April; thereby
avoiding the majority of the piping plover breeding season, a portion of the piping plover migration
period, and the peak red knot migration period in NC.
2) As a means of minimizing the extent and/or duration of adverse effects on habitats and benthic prey
resources, all material placed on the beach and in associated dune systems will consist of beach
compatible sediment. Beach compatible material will consist of sediments that are similar in
composition, grain size distribution, and color to the native sediments of the recipient beaches.
10

3) Construction staging areas and pipeline routes will be located to avoid high -value inlet complex
habitats for piping plovers and red knots to the maximum extent practicable.
4) Temporary storage areas for construction equipment and pipelines will be located off the beach to the
maximum extent practicable.
Sea Turtles
1) All sand placement activities will be completed between 16 November and 30 April; thereby
avoiding the sea turtle nesting and hatching season in NC.
2) All material placed on the beach and in associated dune systems will consist of beach compatible
sediment that is suitable for sea turtle nesting. Beach compatible material will consist of sediments
that are similar in composition, grain size distribution, and color to the native sediments of the
recipient beaches.
3) Immediately after construction and to the maximum extent practicable prior to 1 May, surveys for
escarpments will be conducted within the limits of construction areas. Identified escarpments that
that may interfere with sea turtle nesting (>18 inches in height and > 100 ft in length) will be leveled
to the natural beach profile. If it is determined that escarpment leveling is required during the
nesting season, leveling activities would be coordinated with the USFWS or NCWRC.
4) Immediately after construction and to the maximum extent practicable prior to 1 May, the limits of
construction areas will be evaluated for compaction in coordination with the USFWS and NCWRC.
If it is determined that tilling is required for sea turtle nesting habitat suitability, the construction
areas will be tilled to a depth of 36 inches. All tilling activity shall be completed prior to 1 May to
the maximum extent practicable. In the case of projects that run until the 30 April nesting window
cutoff, any tilling activities required after 1 May would be coordinated with the USFWS or
NCWRC.
5) Post -construction monitoring of sea turtle nesting activities will be conducted in sand placement
areas to assess effects on nesting. Monitoring will include daily surveys from 1 May until 15
September. Nesting data will be included in annual monitoring reports to be provided to the
NCWRC.
Seabeach Amaranth
1) All sand placement activities will be completed between 16 November and 30 April; thereby
avoiding the majority of the seabeach amaranth growing season in NC.
1.3. Project Timing and Duration
This SPBO encompasses sand placement activities that occur within the winter work window
(November 16 through April 30).
11

7.2. EFFECT OF THE TAKE
Piping Plovers
In the accompanying SPBO, the Service determined that this level of anticipated take is not
likely to result in jeopardy to the Northern Great Plains, Great Lakes, or Atlantic Coast breeding
populations of the piping plover. The Service determined that the proposed activities are not
likely to result in adverse modification of wintering critical habitat for the piping plover.
Red Knot
In the accompanying biological opinion, the Service determined that this level of anticipated take
is not likely to result in jeopardy to the red knot species.
Seabeach Amaranth
In the accompanying biological opinion, the Service determined that the potential of the project
to damage or destroy seabeach amaranth is not likely to result in jeopardy to the seabeach
amaranth species.
Loggerhead, Green, Leatherback, Hawksbill, and Kemp's Ridley Sea Turtles
In the accompanying biological opinion, the Service determined that this level of anticipated take
is not likely to result in jeopardy to the loggerhead sea turtle, green sea turtle, leatherback sea
turtle, hawksbill sea turtle, and Kemp's ridley sea turtle species. The Service determined that
the proposed activities are not likely to result in adverse modification of loggerhead terrestrial
critical habitat.
7.3. 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.
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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 project or 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 a 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.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. 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.B. 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.
I:•

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.
190

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.
191

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%20of%20Engineers%20S ea%
20Turtle%20Permit%20Information.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
192

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:
193

a) Designated piping plover Critical Habitat Units (see Appendix C);
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 C);
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.]
194

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 l
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.
195

Parameter
Measurement
Variable
Number of
Visual
Number/location of false crawls in nourished areas; any
False
Assessment of
interaction of turtles with obstructions, such as sand bags or
Crawls
all false crawls
scarps, should be noted.
False
Categorization
Number in each of the following categories:
Crawl Type
of the stage at
a) Emergence - no digging;
which nesting
b) Preliminary body pit;
was 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.
196

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),
197

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.
REASONABLE AND PRUDENT MEASURES for:
B. Projects that are navigation maintenance dredging with beach placement shall include
the following measures:
Historically, sand placement events associated with navigation maintenance dredging projects
have no local sponsor, are smaller -scaled, conducted at closer time intervals, and the sand often
does not remain on the beach for an extended period of time.
Post -construction requirements are listed in Reasonable and Prudent Measures B.11, B.12, B.13,
B.15, and B.16. These post -construction requirements maybe 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.
B.1. Conservation Measures included in the Corps' PBA that address protection of piping
plovers, red knots, nesting sea turtles, and seabeach amaranth shall be implemented in the
Corps' federally authorized projector regulated activity.
13.2. 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.
B.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).
13.4. 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.
I W.

Permit Class
MODIFICATION/MINOR
RENEWAL
Issued to Town of Surf
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r M t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
PO Box 2475, Surf Citv, NC 28445
Permit Number
190-05
Authorizing development in Pender/Onslow County at the dry -sand ocean beach, within the limits
of the Town of Surf City , as requested in the permittee's application dated 7/11/23 and 3/7/24,
including attached workplan drawings (5), 1-5 of 5 dated 2/28/24.
This permit, issued on April 2, 2024 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (5), Sheets 1-5 of 5, dated 2/28/24. [07J .0202(c)]
2) In order to protect threatened and endangered species and to minimize adverse impacts to beach
resources, no dune reconstruction or associated activities, including mobilization, demobilization,
remediation measures, or the use of any mechanized equipment shall occur on or waterward of the
frontal dune (on the beach) from May 1 through November 15 without prior approval from the N.C.
Division of Coastal Management, in consultation with the U.S. Fish and Wildlife Service and the
N.C. Wildlife Resources Commission. [G.S. 113- 229(e); G.S. 113A-120]
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Surf City
ADDITIONAL CONDITIONS
Permit No. 190-05
Page 2 of 3
3) Prior to the initiation of any dune rehabilitation activities, easements or similar legal instruments
allowing work to be carried out on individual property owners shall be obtained from all affected
property owners. [G.S. 113-229(c)]
4) This Minor Modification and Renewal authorizes emergency dune rehabilitation activities to be carried
out one (1) time along the requested project area. Any request to carry out additional activities shall
require a modification of this permit. [07H .0208(8)(F)]
5) All dune rehabilitation work shall take place entirely within the areas indicated on the attached workplan
drawings and shall remain above mean high water. [G.S. 113-229(a)]
NOTE: Any work below mean high water shall require further review and authorization from DCM, the
U.S. Army Corps of Engineers and the N.C. Division of Water Resources.
NOTE: The NC Department of Natural and Cultural Resources have indicated the remains of a
shipwreck lie within Surf City town limits (NTB0001). While it is not located within the
currently proposed project area, the permittee should be aware for future reference that DNCR
has indicated NT130001 is within the overall project area and is "located eighty yards north of the
old Barnacle Bill's Fishing Pier. About thirteen yards separates the exposed wreckage from the
existing dune line. GPS coordinates place the approximate position of the site at North 34 deg.
25.948 min. and West 77 deg. 31.904 min. or approximately one -mile northeast of the Surf City
water tower".
6) Only beach quality sand shall be used for dune rehabilitation purposes. All sand to be used for the
project shall be taken from the borrow areas indicated in the request letter dated 3/7/24. Any changes to
the borrow area(s) may require a permit modification. [G.S. I I3A-120; 7H .0308(c)(5)]
7) In accordance with commitments made by the permittee, all sand to be used for the project shall be
screened on -site at the approved borrow area(s) to remove non -compatible material prior to transporting
to the placement area. Representative samples shall be taken along 100' dune profiles and analyzed as
described in the request letter dated 3/7/24 and submitted to DCM. [G.S. 113A-120; 7H .0308(c)(5)]
8) Should excavation operations encounter sand that is non -compatible with the conditions described
herein, the contractor shall immediately cease operation of sand placement and contact the Division of
Coastal Management. Operations shall resume after resolution of the issue of sand compatibility. [G.S.
113A-120; 7H .0308(c)(5)]
NOTE: Required resolution measures may include immediate removal of material and/or long-term
remediation activities.
9) Disturbance of existing dunes shall be kept to a minimum. Any alteration of existing dunes shall be
coordinated with the Division of Coastal Management as well as the pertinent property owner. All
disturbed areas shall be restored and revegetated immediately following project completion in that
specific area. [07H .0308(c)(4)]

Town of Surf City Permit No. 190-05
Page 3 of 3
ADDITIONAL CONDITIONS
10) Land -based equipment necessary for dune rehabilitation work shall be brought to the site through
existing accesses. Should the work result in any damage to existing accesses, the accesses shall be
restored to pre -project conditions immediately upon project completion in that specific area. [G.S.
113A-120(6)&(9); 07H .0308(b)(1); 07H .0308(c)(8)]
General
11) No deep ruts shall be left on the beach upon completion of the project. [7J .0209(a)]
12) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.
[07H .0306(a)(7)]
13) All conditions and stipulations of the active permit remain in force under this Minor Modification and
Renewal unless specifically altered herein. [07J .0209(a)]
14) The permittee and/or his or her contractor shall meet with a representative of the Division and
appropriate resource agencies prior to project initiation. [07J .0209(a)]
NOTE: This Minor Modification and Renewal shall be attached to the original of Permit No. 190-05,
which was issued on 12/5/05, as well as all subsequent modifications, refinements and renewals,
and copies of all documents shall be readily available on site when Division personnel inspect
the project for compliance.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Resources had previously assigned the proposed project DWR
Project No. 052016.
NOTE: The U.S. Army Corps of Engineers had previously assigned the proposed project COE Action Id.
No. SAW-2006-00158.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-AMF-1`46918A411A3
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 8, 2023
DWR # 20052016v3
Pender County
Town of Surf City
ATTN: Kyle M. Breuer
P.O. Box 2475
Surf City, NC 28445
Subject: Approval of Individual 401 Water Quality Certification
Surf City - Beach Bulldozing Dune Restoration
USACE Action ID. No. SAW-2006-00158
Dear Mr. Breuer:
Attached hereto is a copy of Certification No. WQC006409 issued to Kyle Breuer and Town of Surf City,
dated November 8, 2023. 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
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.
�4f'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NpR-i i C919.707.9000
ue —t o E.— m-W ouei�

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 2 of 7
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,
Em
DocuSigned by:
6 ,UA. Scw�.v _u"
8554BOF62DED464...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Electronic cc: Sarah Hair, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 3 of 7
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20051996v2_North Topsail Beach Dune Restoratio n_IWQC_OnsIoCo_Nov.23.docx
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 4 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006409 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 Kyle Breuer and Town of Surf City, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on September 8, 2023, and by Public Notice issued by the Us Army Corps of Engineers on
November 22, 2005.
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. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Plan Location or Reference
6.2 miles of oceanfront
Oceanfront shoreline and
Intertidal beach bulldozing
cross section drawings shown
*above MHW
91 acres (3,963,960 sq. ft.)
on sheets 1 thru 4 dated
*below MHW
October 20, 2005
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SC 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 028.0220
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.
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 5 of 7
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.
3. 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)
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. 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.
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 02B .0200, 15A NCAC 02B
.0231
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 6 of 7
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.
6. 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.
7. 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.
8. 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
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

DocuSign Envelope ID: 8BEB8EDF-AD46-4110-A3DF-F46918A411A3
Surf City Beach Bulldozing Dune Restoration
DWR# 20052016v3
Individual Certification #WQC006409
Page 7 of 7
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.
9. 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
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 8th day of November 2023
Em
DocuSigned by:
6m" saa tu"� —U"
8554BOF62DED464...
Morella Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
geparMaM of Emimnmanfal quay

TI Coastal Services, Inc
387-B North Green Meadows Drive
Wilmington, NC 28405
910.821.1358
March 7, 2024
Ms. Heather Coats
Beach & Inlet Management Project Coordinator
NCDEQ, Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
[e-mail]
910-796-7302
RE: Minor Modification of Surf City Permit #190-05
Dear Ms. Coats,
T I to a s t a I
Please allow this letter to serve as a request to initiate a Minor Modification to Surf City's existing CAMA permit #190-05
(beach bulldozing) to allow for an emergency dune repair via truck hauled sand. The current permit expired on
December 31, 2020, but the Town submitted a renewal request last year (2023). It is our understanding that this
renewal has not yet been granted due to slow responses by DWR and the USACE and we are hoping to revitalize this
effort to not only renew the bulldozing permit, but also allow for a small section of dune be bolstered with trucked in
sand to restore its efficacy.
This winter numerous winter storms impacted southeastern North Carolina bringing with them multiple bouts of
elevated tide and sea conditions. Given the small beach width in portions of Surf City, this unfortunately resulted in
severe erosion to portions of the dune and has left several properties in compromising positions very near the edge of
the scarped dune. To alleviate the problem, Surf City is requesting a small-scale truck haul project to rebuild the
protective dune system to the same dimensions as the post Florence dune restoration project. It is important to note
that all work will be completed above (landward) of the Mean High Water line.
Attached to this letter are site plans showing both plan view and cross -sectional design elements of the project. Overall,
approximately 5,100 cubic yards of sand would be required to rehab the dune system. As with similar projects in the
past, this sand would come from either the ST Wooten sand mine or 421 Sand, both located on Highway 421 in
Wilmington. All sand is screened prior to being stockpiled for use at these mines and will be of beach quality as specified
in the NC Sediment Criteria Standards. To verify the quality of the sand, a representative sample will be taken from each
completed dune profile (taken every 100') along the dune placement area and tested for grain size during construction.
Sand will be trucked to the project site via on -road dump trucks and stockpiled at the Kinston Ave beach access area.
From there, offroad trucks will transport sediment to the designated fill area (approximately 1 mile south of Kinston
Ave) and graded to the design specifications by bulldozer. We hope to have this work completed by the April 30
environmental moratorium and don't anticipate actual construction to take more than 7 days to complete (once
started). Thank you very much for your timely consideration of this project, please let me know if you have any
questions or need clarification/additional information for any aspect of the proposed work.
Sincerely,
/_ 91-1
Jamie Pratt, PG
Vice President

,- - � ;r• ` .. - ' gyp:
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I� Route 50
Route 50
�. ! • �'' `' �o S Shore Dr. S Shore Dr.
* •S Shore Dr,
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+ +50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50
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Area"Project
Sheet 3
Surf City Dune Project 2024
Notes:
1. Horizontal Datum: NC State Plane - Zone 3200, NAD83, Feet
T
T i o a s t a I
�)
Vertical Datum
Conversion
mww
Surf City
PenderCounty, North Carolina
Graphic Scale
0• so, 100, 200'
2. Vertical Datum: NAVD88, Feet
3 Data collected by TI Coastal on February 27, 2024
and represent conditions at that time.
4. Soundings are expressed in feet and tenths.
Dune Maintenance Project
Scale: 1"=200'
1. �0•iiiiiiia
5. Aerial photograph preformed by Terratina Mapping Consultants, Inc. on April 13,
2023 and represent the conditions at that time
TI Coastal Services, Inc.
387-B N. Green Meadows Drive
NAV088
DWG NAME: Sur/ City Dune Pr-- 2024
DWG DATE: February 28th, 2024
SURVEY DATE: February 27th, 2024
Wilmington, NC 28405
Vatue is det, ...i.ed no... NOAA Vdatu...
Control
910.821.1358
http,.Ilvd,t ..noaa.g,v data b/
SCALE: 1"= 200'
SHEET: 2 OF 5

X, 2434971 -0+50 Length, 950 Azimuth, 141 X, 2435568
Y, 246059 Y, 245320
0 100 200
20 20
15
-
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 FbIn
-0+50 Depth 15 Ftdn
X, 2435126 1+50 Length 950 Azimuth, 141 X, 2435723
Yi 246185 Yi 245446
0 100 200
20 20
15
7.9
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
1+50 Depth 15 Ftdn
X, 2435282 3+50 Length 950 Azimuth, 141 X, 2435879
Y, 246311 Y, 245572
0 100 200
20 20
15
10.6'
15
10
10
5
5
MH�v
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
3+50 Depth 15 Ftdn
X, 2435010 0+00 Length, 950 Azimuth, 141 X- 2435607
Y, 246091 Y: 245352
0 100 200
20 20
15
10.5'
15
10
10
5
5
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0
-s
-5
240227 Survey Template DBL 60 Ftiln
0+00 Depth 15 FtiIn
X- 2435165 2+00 Length, 950 Azimuth, 141 X: 2435762
Y- 246216 Y: 245478
0 100 200
20 20
15
9.0
15
10
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5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ft,ln
2+00 Depth 15 FbIn
X: 2435321 4+00 Length, 950 Azimuth, 141 X: 2435918
Y: 246342 Y: 245603
0 100 200
20 20
15
10.6'
15
10
10
5
5
0
0
-s
-5
240227 Survey Template DBL 60 Ftdn
4+00 Depth 15 Ftdn
X, 2435048 0+50 Length, 950 Azimuth 141 X, 2435646
Y, 246122 Y, 245383
0 100 200
20 20
15
9 9
15
10
10
5
5
MHv
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
0+50 Depth 15 Ftdn
X, 2435204 2+50 Length, 950 Azimuth 141 X, 2435801
Y, 246248 Y, 245509
0 I00 200
20 20
Is
3.4'
IS
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
2+50 Depth 15 Ftdn
X, 2435360 4+50 Length, 950 Azimuth) 141 X, 2435957
Y, 246374 Y, 245635
0 100 200
20 20
15
12.0'
15
10
10
5
5
0
0
-5
-s
240227 Survey Template DBL 60 Ftdn
4+50 Depth 15 Ftdn
X, 2435087 1+00 Length, 950 AZImuthi 141 X, 2435685
Y, 246154 Y, 245415
0 100 200
20 20
IS
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
1+00 Depth 15 Ft,In
X, 2435243 3+00 Length, 950 Azimuth, 141 X, 2435840
Y, 246279 Y, 245540
0 100 200
20 20
15
12.2
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
3+00 Depth 15 FbIn
X, 2435398 5+00 Length, 950 Azimuth, 141 X, 2435996
Y, 246405 Y, 245666
0 100 200
20 20
15
12.4'
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
5+00 Depth I5 Ftdn
Surf City Dune Project 2024
Horizontal Scale
Nites Horizontal Datum NC State Plane - Zone 3200, NAD83, Feet
o• t5• 30• so•
2. Vertical Datum: NAVD88, Feet
_
TI - � o a s t a I
Vertical Datum
Conversion
Surf city
Pender County, North Carolina
3 Data collected Coastal February 27, 2024
and represent conditions that at that time.
4. Soundings are expressed in feet and tenths.
5. Aerial photograph preformed by Terral-ina Mapping Consultants, Inc. on April 13,
Scale: 1" = 60'
BDSurvey
TI Coastal Services, Inc.
387-8 N. Green Meadows Drive
Wilmington, NC 28405
91gO.821.1358
TMHW
•
NAVD88
Val —is determined f— NOAA Vdatnm
https:/Ndatum.noaa.q.,Ndat-b/
Vertical Scale
o• 3._• �.s• 15•
2023 and represent the conditions atthattime
CROSS SECTIONS -STATIONS -00+50 to 5+00
DWG NAME: Surt City Dune Project 2024.dwg
Scale: 1"= 15' iiia
DWG DATE: February 28th, 2024
SURVEY DATE: February 27th, 2024
SCALE: As Noted
SHEET: 4 OF 5

X, 2435437 5+50 Length, 950 Azimuth, 141 X, 2436035
Y, 246436 Y, 245698
0 100 200
20 20
15
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 FbIn
5+50 Depth 15 Ftdn
X, 2435593 7+50 Length 950 Azimuth, 141 X, 2436190
Yi 246562 Yi 245823
0 100 200
20 20
15
15
10
10
5
5
0
0
-5
F
-5
240227 Survey Template DBL 60 Ftdn
7+50 Depth 15 Ftdn
X, 2435748 9+50 Length 950 Azimuth, 141 X, 2436346
Y, 246688 Y, 245949
0 100 200
20 20
15
15
�7\10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
9+50 Depth 15 Ftdn
Xi 2435476 6+00 Length, 950 Azimuth, 141 Xi 2436073
Yi 246468 Yi 245729
0 100 200
20 20
15
15
10
10
5
0
5
0
-5
-5
240227 Survey Template DBL 60 Ftiln
6+00 Depth 15 Ft,In
Xi 2435632 8+00 Length, 950 Azimuth, 141 Xi 2436229
Yi 246594 Yi 245855
0 100 200
20 20
15
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ft,In
6+00 Depth 15 FbIn
Xi 2435787 10+00 Length, 950 Azimuth, 141 Xi 2436385
Yi 246719 Yi 245981
0 100 200
20 20
15
15
10
10
5
5
0
`
0
-5
-5
240227 Survey Template DBL 60 Ftdn
10+00 Depth 15 Ftdn
X, 2435515 6+50 Length, 950 Azimuth 141 X, 2436112
Y, 246499 Y, 245760
0 100 200
20 20
IS
491
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
6+50 Depth 15 Ftdn
X, 2435671 8+50 Length, 950 Azimuth) 141 X, 2436268
Y, 246625 Y, 245886
0 100 200
20 20
15
15
10
10
5
5
0
~
0
-5
-5
240227 Survey Template DBL 60 Ftdn
8+50 Depth 15 Ftdn
X, 2435826 10+50 Length, 950 Azimuth) 141 X, 2436423
Y, 246751 Y, 246012
0 100 200
20 20
IS
mcgn
15
10
10
5
5
0
`
0
-5
-5
240227 Survey Template DBL 60 Ftdn
10+50 Depth 15 Ftdn
X, 2435554 7+00 Length, 950 AZImuthi 141 X, 2436151
Y, 246531 Y, 245792
0 100 200
20 20
IS
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
7+00 Depth 15 Ft,In
X, 2435710 9+00 Length, 950 Azimuth, 141 X, 2436307
Y, 246656 Y, 245918
0 100 200
20 20
15
15
10
10
5
5
0
0
-5
-5
240227 Survey Template DBL 60 Ftdn
9+00 Depth 15 FbIn
Surf City Dune Project 2024
Horizontal Scale
Nites Horizontal Datum NC State Plane - Zone 3200, NAD83, Feet
o• so, tao• zao•
2. Vertical Datum: NAVD88, Feet
_
TI - � o a s t a I
Vertical Datum
Conversion
Surf City
Pender County, North Carolina
3 Data collected Coastal February 27, 2024
and represent conditions that at that time.
4. Soundings are expressed in feet and tenths.
5. Aerial photograph preformed by Terral-ina Mapping Consultants, Inc. on April 13,
Scale: 1" = 200'
BD Survey
TI Coastal Services, Inc.
387-B N. Green Meadows Drive
Wilmington, NC 28405
91gO.821.1358
TMHW
•
NAvoea
Value is determined from NOAA Vdatnm
https:/Ndatum.noaa.q.,Ndat-b/
Vertical Scale
01 51 +0• 20•
2023 and represent the conditions atthattime
CROSS SECTIONS -STATIONS 5+50 to 10+50
DWG NAME: Surf City Dune Project.dwg
Scale: 1"= 20'
DWG DATE: February 28th, 2024
SURVEY DATE: February 27th, 2024
SCALE: As Noted
SHEET: 5 OF 5