20120288 Ver 6_USACE Permit_20241118

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

November 18, 2024

Regulatory Division

Action ID: SAW-2012-00040

Village of Bald Head Island Shoreline Stabilization Project
Department of the Army Permit Modification

Sent by email: [e-mail]

Village of Bald Head Island
Attn: Mr. Chris McCall
Post Office Box 3009
Bald Head Island, North Carolina 28461-7000

Dear Mr. McCall:
Please note: For purposes of containing all of the Village’s modification requests
under one single and complete action, this authorization supersedes the initial March
19, 2024 permit modification.

Please reference the August 26, 2024 permit modification request made on behalf of
the Village of Bald Head Island (Village) to obtain authorization to increase placement of
an additional 200,000 cubic yards (CY) of dredged material within the footprint of the
project area. In combining these requests and the March 19, 2024 permit modification,
this final modification authorizes the following one-time event occurring only during the
2024-2025 dredge season on Bald Head Island in Brunswick County, North Carolina:
(1) dredging of 72.8-acre Jay Bird Shoals (JBS) borrow expansion area; (2) placement
of material along 6,000 lf of beach at the easternmost point of South Beach, not
previously permitted; and (3) dredging and placement of an additional 200,000 cubic
yards (CY) of dredged material. Dredging is to occur using a hydraulic cutter suction
dredge only, and material is to be pumped to the beach by pipeline and booster pumps
(if needed). This current authorization is a modification to the November 19, 2014
issued DA permit for the construction of a terminal groin and other associated work of
which the expiration date has been recently extended to December 31, 2034.

It has been determined that the proposed project modifications described above are
not contrary to the public interest and therefore, the DA permit is hereby modified. This
permit modification authorizes a one-time beach nourishment activity that must be
complete within the November 16, 2024 – March 31, 2025 timeframe. It is understood
that all conditions of the original permit, with exception of those relating directly to the
-2-
construction of the terminal groin, remain applicable. Please note that additional permit
conditions have been added (see Special Conditions, Attachment B).
New Special Conditions are as follows:
1.No more than 72.8 acres of the Jay Bird Shoals Borrow Area shall be
dredged and dredging shall not exceed a depth of -22 +2 ft NGVD29.
Material removed from Jay Bird Shoals shall not exceed 1.2 million CY.
2.All established cultural resources exclusion zones and the newly
recommended exclusion zone identified in the attached plans, must be
maintained.
3.The pipeline crossing for the hydraulic pipeline dredge shall not
interfere with navigation through the federal navigation channel and
shall be placed and/or buried at a depth greater than -44 feet.
4.Prior to mobilization, dredge activity and pipeline route shall be
coordinated through the USACE Navigation Department so not to
conflict with the FY2024-25 Wilmington Harbor Inner Ocean Bar
channel maintenance contract.
5.Prior to mobilization of any equipment to the beach, the permittee shall
coordinate the placement of all dredge pipelines with the Corps, the
USFWS, and the WRC.
6.All work authorized by this permit modification must be performed in
strict compliance with the attached plans, which are part of the permit
(Attachment A). Placement of fill material shall be limited to Stations 52
+64 – 130+00 and 162+00 – 222+00.
7.Activities associated with dredging and placement of material under
purview of the U.S. Fish and Wildlife Service are covered under the
2017 North Carolina State Programmatic Biological Opinion (SPBO).
Reasonable and Prudent Measures and Terms and Conditions
associated with the
-3-
BO can be found in Attachment C. The complete BO with amendments
can be available upon request.
8.Activities associated with dredging and placement of material under
purview of the National Marine Fisheries Service, Protective Resource
Division are covered under the March 2020 South Atlantic Biological
Opinion (SARBO) with the implementation of associated Project Design
Criteria (PDC). Specific PDCs can be found in Attachment D. The
complete SARBO is available at:
https://dqm.usace.army.mil/odess/#/technicalInfo
9.Dredging operations involving hydraulic cutter dredge plants must
follow the protocols outlined in the Dredge Plant Conditions disclosed in
Attachment E.
10. Dredging, dredged sediment placement, and monitoring of the dredging
projects using the Dredging Quality Management (DQM) system shall be
implemented for this permit when the project activity is using dredging
equipment. The permittee’s DQM system must have been certified by the
National DQM Support Center (DQM Center) within one calendar year
prior to the initiation of the dredging/discharge/placement of sediments.
The permittee is responsible for ensuring that the DQM system is
operational throughout the dredging and discharge/placement of
sediments, and that the project data is submitted to the DQM Center in
accordance with the specifications provided at the DQM website.
Questions regarding codification and/or additional information about
L3QM program should be addressed to the DQM Center at [phone]
and/or https://dqm.usace.army.mil
11. In order to protect the endangered West Indian manatee (Trichechus
manatus) the Permittee shall implement the USFWS’ Manatee
Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at https://www.fws.gov/media/2017-manatee-
guidelines-north-carolina.
12. The N.C. Division of Water Resources has issued approval of an
Individual 401 Water Quality Certification No. WQC004002 (DWR
#20120288v6) , dated October 31, 2024. The Division of Coastal
-4-
Management has issued CAMA Minor modification #91-14 dated
November 14, 2024. Both are incorporated as part of the DA permit.
This verification is only valid for a one-time maintenance event and expires
December 31, 2025. Should you have any questions, please contact me in the
Wilmington Regulatory Field Office at telephone [phone] or email
[e-mail].
FOR THE DISTRICT COMMANDER
Sincerely,
Tommy Fennel
Chief, Regulatory Division
Enclosures:
Attachment A: Permit Plans
Attachment B: Special Conditions
Attachment C: USFWS 2017 SPBO Terms and Conditions
Attachment D: NMFS 2020 SARBO PDCs
Attachment E: Dredge Conditions and Forms
Copies furnished (via email):
Heather Coats, N.C. Division of Coastal Management
Todd Bowers, U.S. Environmental Protection Agency
Kathy Matthews, U.S. Fish and Wildlife Service
Maria Dunn, N.C. Wildlife Resources Commission
Michael Meilinger, N.C. Division of Water Resources
Anne Deaton, National Marine Fisheries Service
Christian Preziosi, Davey Resource Group, Inc.
Erik Olsen, Foth Infrastructure and Environment
Steve Stone, Brunswick County Manager
ATTACHMENT A
BALD HEAD ISLAND DREDGING
AND PLACEMENT PLANS
SCALE
0 5,000 10,000 FT
BALD
HEAD
ISLAND
OAK IS
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ATLANTIC
OCEAN
BALD HEAD ISLAND
ATLANTIC
OCEAN
CAPE
FEAR
CAPE FEAR
RIVER
ENTRANCE
NORTH CAROLINA
FR
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O
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S
A.I.W.W.
of
DATE APPROVED REVISION
of
DATE APPROVED REVISION
of1
WAH
DRAWN BY:
SHEET
VILLAGE OF BALD HEAD ISLAND
BEACH RENOURISHMENT PROJECT
PROJECT LOCATION
DATE APPROVED REVISION
NOT FOR PURPOSES OF CONSTRUCTION
associates, inc.
olsen
2618 Herschel Street
Jacksonville, FL. 32204
[phone]
C-1468 9
4/13/2023
DATE:
SOUTH
CAROLINA
GEORGIA
SAND
PLACEMENT
AREAS
SAND
PLACEMENT
AREAS
JAY BIRD SHOALS
BORROW SITE
PROPOSED
EXPANSION AREA
ONSLOW
BAY
18+
0
0
20+
0
0
22+
0
0
24+
0
0
26+
0
0
28+
0
0
30
+
0
0
32
+
0
0
34+00
36+00
38+00
40+00
42+0
0
44
+
0
0
4
6
+
0
0
4
8
+
0
0
50
+
0
0
5
2
+
0
0
5
4
+
0
0
5
6
+
0
0
5
8
+
0
0
6
0
+
0
0
6
2
+
0
0
6
4
+
0
0
6
6
+
0
0
6
8
+
0
0
7
0
+
0
0
7
2
+
0
0
7
4
+
0
0
7
6
+
0
0
7
8
+
0
0
8
0
+
0
0
8
2
+
0
0
8
4
+
0
0
86+
0
0
88+
0
0
90+
0
0
92+
0
0
102+
0
0
104+
0
0
106+
0
0
108+
0
0
110+
0
0
112+
0
0
114+
0
0
116+
0
0
118+
0
0
120+
0
0
122+
0
0
124+
0
0
126+
0
0
128+
0
0
130+
0
0
132+
0
0
134+
0
0
136+
0
0
138+
0
0
140+
0
0
142+
0
0
144+
0
0
146+
0
0
148+
0
0
150+
0
0
152+
0
0
154+
0
0
156+
0
0
158
+
0
0
160
+
0
0
162
+
0
0
164
+
0
0
166
+
0
0
168
+
0
0
170
+
0
0
172
+
0
0
174
+
0
0
176
+
0
0
178
+
0
0
180
+
0
0
182
+
0
0
184
+
0
0
186
+
0
0
188
+
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0
190
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194
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196
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198
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200
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202
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204
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206
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208
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210
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212
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214
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0
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216
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218
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0
0
94+
0
0
96
+
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0
98+
0
0
100+
0
0
0+0
0
2+0
0
4+0
0
6+0
0
8+0
0
10+
0
0
12+
0
0
14+
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16+
0
0
22
4
+
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4
+
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+
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4
+
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+
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0
-4+
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-8+
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-12
+
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EB
-
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1
EB
-
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2
EB
-
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EB
-
0
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EB
-
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EB
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EB
-
0
7
222
+
0
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162
+
0
0
130
+
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2
+
6
4
THEPOINT
220
+
0
0
DATE APPROVED REVISION
NOTES:
1.) PROJECT BASELINE UTILIZED FOR
BEACH MONITORING AND FEDERAL
BEACH DISPOSAL PROJECT CONSTRUCTION
BY WILMINGTON DISTRICT, USACE.
2.) LIMITS OF FILL SUBJECT TO REDUCTION
BASED UPON CONDITIONS AT TIME OF
CONSTRUCTION.
3.) FINAL FILL VOLUMES PLACED IN EACH BEACH
SEGMENT MAY VARY.
associates, inc.
olsen
2618 Herschel Street
Jacksonville, FL. 32204
[phone]
C-1468
0 1,000 2,000 FT
SCALE
OCTOBER 2022 AERIAL PHOTOGRAPH
ofofof2
WAH
SHEET
VILLAGE OF BALD HEAD ISLAND
BEACH RENOURISHMENT PROJECT
PROJECT BASELINE &
LIMITS OF BEACH FILL 9
4/13/2023
LIMITS OF
0.5 MCY
BEACH FILL
(STA 52+64
TO 130+00)LOCATION OF
TERMINAL GROIN
(CONSTRUCTED 2015)
THE
POINT
EAST BEACH
CAPE
FEAR
SO
U
T
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B
E
A
C
H
WEST
BEACH
LIMITS OF
0.5 MCY
BEACH FILL
(STA 162+00
TO 222+00)
10/23/2024 EJO 1
4
8
+
0
0
5
0
+
0
0
5
2
+
0
0
5
4
+
0
0
5
6
+
0
0
5
8
+
0
0
6
0
+
0
0
6
2
+
0
0
6
4
+
0
0
6
6
+
0
0
6
8
+
0
0
7
0
+
0
0
7
2
+
0
0
7
4
+
0
0
7
6
+
0
0
7
8
+
0
0
8
0
+
0
0
8
2
+
0
0
8
4
+
0
0
86
+
0
0
88
+
0
0
90
+
0
0
92
+
0
0
102+
0
0
104+
0
0
106+
0
0
108+
0
0
110+
0
0
112+
0
0
114+
0
0
116+
0
0
118
+
0
0
120+
0
0
122+
0
0
124+
0
0
94
+
0
0
96
+
0
0
98
+
0
0
100
+
0
0
SEE
N
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2
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F

F
I
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5
2
+
6
4
DATE APPROVED REVISION
NOT FOR PURPOSES OF CONSTRUCTION
associates, inc.
olsen
2618 Herschel Street
Jacksonville, FL. 32204
[phone]
C-1468
0 400 800 FT
SCALE
OCTOBER 2022 AERIAL PHOTOGRAPH
ofofof3
WAH
SHEET
VILLAGE OF BALD HEAD ISLAND
BEACH RENOURISHMENT PROJECT
BEACH FILL
WESTERN SOUTH BEACH 9
4/13/2023
APPROXIMATE TOE OF FILL
(ELEVATION VARIES)
BEACH FILL
(PLACEMENT DENSITY
VARIES)
APPROXIMATE LANDWARD
EDGE OF BERM (+9.0 ft-NGVD)
APPROXIMATE SEAWARD
EDGE OF BERM (+8.5 ft-NGVD)
BERM
SLOPE
VARIES
1V:15H SLOPE
PROJECT BASELINE
NOTES:
1.THE FILL LAYOUT IN THESE
DRAWINGS IS BASED UPON A
NOVEMBER 2022 SURVEY. FILL TO
BE ADJUSTED BY THE ENGINEER
BASED UPON THE
PRE-CONSTRUCTION SURVEY.
2.EASTERNMOST LIMIT OF FILL MAY
EXTEND TO STA 130+00 BASED
UPON RESULTS OF
PRE-CONSTRUCTION SURVEY.
FILL EXTENDS THROUGHOUT LIMITS OF
13 SAND TUBE GROINFIELD
10/23/2024 EJO 1
15
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DATE APPROVED REVISION
associates, inc.
olsen
2618 Herschel Street
Jacksonville, FL. 32204
[phone]
C-1468 ofofof5
WAH
SHEET
VILLAGE OF BALD HEAD ISLAND
BEACH RENOURISHMENT PROJECT
BEACH FILL
TYPICAL SECTIONS 9
4/13/2023
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DATE APPROVED REVISION
associates, inc.
olsen
2618 Herschel Street
Jacksonville, FL. 32204
[phone]
C-1468 ofofof6
WAH
SHEET
VILLAGE OF BALD HEAD ISLAND
BEACH RENOURISHMENT PROJECT
JAY BIRD SHOALS BORROW SITE
9
4/13/2023
0 800 1,600 FT
SCALE
BALD
HEAD
ISLAND
Cap
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R
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May 2022 Survey
October 2022 Photography
Proposed Borrow Site
Expansion Area
72.8 acres (Yellow)
Permitted Jay Bird Shoals
Borrow Site Limits
225.6 acres (Purple)
Previously Dredged
Federal Navigation Channel
ATTACHMENT B
MODIFIED PERMIT
SPECIAL CONDITIONS
ACTION ID SAW-2012-00040
MODIFIED PERMIT SPECIAL CONDITIONS
This Permit Modification authorizes impacts associated with the one-time dredging of Jay Bird
Shoals 72.8 acre expansion area and beach nourishment along South Beach, stations 52+64 to
130+00, and 162+00 to 222+00.
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Coastal
Management CAMA Permit 91-14, dated November 14, 2024, and the North Carolina Division
of Water Resources 401 Water Quality Certification, dated October 31, 2024, are incorporated
as part of the Department of the Army permit. Therefore, they are not listed as special
conditions.
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by
the U.S. Army Corps of Engineers (USACE) prior to implementation.
2. Dredging activities authorized by this permit shall not in any way interfere with those
operations of the USACE Civil Works dredging and navigation projects. Specifically, there
shall not be any interference with the USACE maintenance of the Cape Fear River associated
with the Wilmington Harbor Inner Ocean Bar project.
3. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this permit. A copy of this permit, including all conditions,
shall be available at the project site during construction and maintenance of this project.
4. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, dredging or fill 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 dredged material excavated or material within
waters of the United States outside of the permitted fill sites.
5. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, dredging or fill shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7. The permittee shall advise the Wilmington District, Regulatory Division in writing prior to
beginning the work authorized by this permit. The contractors name, phone number, and

address, including any inspectors contact name and phone number must be provided to the
Wilmington District prior to any work.
8. 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. 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).
9. Violations of these permit conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
Regulatory Field Office, Attn: Ms. Emily Hughes Wilmington District U.S. Army Corps of
Engineers, 69 Darlington Ave., Wilmington, NC 28403, [e-mail],
[phone] within 24 hours of the permittee’s discovery of the violation.
10. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.
11. All material used for the beach nourishment must be beach compatible, clean, free of debris
and clay, and free of any pollutants except in trace quantities. The permittee shall ensure that
an inspector is present during all beach placement activities and immediately reports to the
Corps should any potentially incompatible material be placed on the beach. During dredging
operations, material placed on the beach shall be inspected daily to ensure compatibility.
During dredging operations, a sediment analysis of the material placed on the beach,
including shell content (calcium carbonate) percentage shall be submitted to the Wilmington
District, Regulatory Division, Wilmington Regulatory Field Office, Attn: Ms. Emily
Hughes, on a WEEKLY basis until completion of the project. If during the sampling process
non-beach compatible material is or has been placed on the beach all work shall stop
immediately and the Corps notified by the permittee and/or its contractors to determine the
appropriate plan of action.
12. A representative of the Corps of Engineers, Regulatory Division will periodically and
randomly inspect the work for compliance with these conditions. Deviations from these
procedures may result in cessation of work until the problem is resolved to the satisfaction of
the Corps. No claim, legal action in equity or for damages, adjustment, or other entitlement
shall be asserted against the United States on account of any such required cessation or
related action, by the permittee, its agents, contractors, or other representatives.
13. The permittee shall provide written notification of project completion immediately upon
completion of the work authorized by this permit.
14. This Department of the Army permit does not obviate the need to obtain other Federal, State
or local authorizations required by law.

15. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any
such removal, relocation, or alteration.
16. The authorized project must not interfere with the public’s right to free navigation on all
navigable waters of the United States. No attempt will be made by the permittee to prevent
the full and free use by the public of all navigable waters at or adjacent to the authorized
work for reason other than safety.
17. The permittee will comply with all U.S. Coast Guard regulations for dredging operations.
The permittee will contact U.S. Coast Guard, District 5 Waterways at [phone] at least
30 days prior to construction. Contact with the U.S. Coast Guard will initiate the Local
Notice for Mariners procedures to ensure all safety precautions for aids to navigation are
implemented. The permittee will notify our office when this coordination with the U.S.
Coast Guard has been commenced and updates will be provided to our office.
18. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at [phone].
19. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future Federal
activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the authorized
activity.
d. Design and construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
THREATENED AND ENDANGERED SPECIES
20. Statewide Programmatic Biological Opinion (SPBO): The U.S. Fish and Wildlife Service’s
(USFWS) August 28, 2017, North Carolina Statewide Programmatic Biological Opinion
(SPBO) contains mandatory Reasonable and Prudent Measures and Terms and Conditions
that are associated with “incidental take” for beach placement activities. Your authorization
under this Department of the Army permit is conditional upon your compliance with all the
mandatory reasonable and prudent measures and terms and conditions associated with

incidental take of the SPBO, which terms and conditions are incorporated by reference in this
permit. Failure to comply with these SPBO reasonable and prudent measures and terms and
conditions, where a take of the listed species occurs, would constitute an unauthorized take,
and it would also constitute non-compliance with your permit. The USFWS is the appropriate
authority to determine compliance with the reasonable and prudent measures and terms and
conditions of its SPBO, and with the Endangered Species Act. The SPBO can be accessed at
https://www.fws.gov/raleigh/pdfs/spbo.pdf.
21. Buoy Lines (Dredging Operations): In order to minimize potential impacts to federally-listed
sea turtle species, in-water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains
or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope
or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to
add rigidity and prevent the line from looping and tangling. In all instances, no excess line is
allowed in the water.
22. West Indian Manatee Protection: In order to protect the endangered West Indian manatee
(Trichechus manatus) the Permittee shall 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/media/2017-manatee-guidelines-north-carolina.
23. Dune Planting Conditions: Dune planting will not be associated with this project and is not
authorized under this permit modification.
24. Essential Fish Habitat Conservation Recommendations: The applicant shall monitor the
permitted dredged area to evaluate sediment accumulation rates within Jay Bird Shoals.
The applicant shall survey the dredged area within Jay Bird Shoals, including all areas
located 500 feet outside of the dredged area, for a period of three years after dredging. The
applicant shall provide the first survey of the authorized Jay Bird Shoals dredged area to
the Corps within 30 days upon completion of all dredging. The monitoring shall continue
for a minimum of 3 years. The applicant will provide these monitoring reports, including
survey data and a report summarizing volume change, to the Corps by December 31 st of
each year.
25. Cultural Resources: If submerged cultural resources are encountered during the operation,
the District Engineer will be immediately notified so that coordination can be initiated
with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. In
emergency situations, the permittee should immediately contact Mr. Nathan Henry at
(910-458-9042), Fort Fisher, so that a full assessment of the artifacts can be made.
SECTION 408 CONDITIONS
26. This permission only authorizes you, the requester, to undertake the activity described
herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899,
as amended (33 USC 408). This permission does not obviate the need to obtain other
federal, state, or local authorizations required by law. This permission does not grant any
prope1ty rights or exclusive privileges, and you must have appropriate real estate
instruments in place prior to construction and/or installation.
27. The time limit for completing the work authorized ends on December 31, 2025. If you find
that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date
is reached.
28. Withough prior written approval of the USACE, you must neither transfer nor assign this
Permission nor sublet the premises or any part thereof, nor grant any interest, privilege or
License whatsoever in connection with this permission. Failure to comply with this condition
will constitute noncompliance for which the permission may be revoked immediately by
USACE.
29.The requester understands and agrees that, if future operations by the United States require the
removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of
the Secretary of the Army or an authorized representative, said work will cause unreasonable
conditions and/or obstruction of USACE project authorized design, the requester wi ll be
required upon due notice from the USACE, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim can be made
against the United States on account of any such removal or alteration.
30.Indemnification and Hold Harmless: The United States will in no case be liable for:
a.any damage or injury to the structures or work authorized by this permission that
may be caused or result from future operations undertaken by the United States,
and no claim or right to compensation will accrue from any damage; or
b.damage claims associated with any future modification, suspension, or revocation
of this permission.
c.The United States will not be responsible for damages or injuries which may arise from
or be incident to the construction, maintenance, and use of the proj ect requested by you, nor
for damages to the property or injuries to your officers, agents, servants, or employees, or
others who may be on your premises or project work areas or the federal project(s) rights-
of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and
hold harmless the United States and USACE from any and all such claims, subject to any
limitations in law.
d.Any damage to the water resources development project or other portions of any federal
project(s) resulting from your activities must be repaired at your expense.
REPORTING
31. All reports and written notifications required by these permit conditions, including
the CAMA permit conditions, shall be sent to the Corps c/o the following POC and
address: Wilmington Regulatory Field Office, Attn: Ms. Emily Hughes,
Wilmington District U.S. Army Corps of Engineers 69 Darlington Ave.,
Wilmington, NC 28403, [e-mail] , [phone].
MISCELLANEOUS
32.Excavation shall not exceed -22' +2 NAVD29. (Please note correction from NAVD88)
33.The permittee shall continue to adhere to all aspects and requirements outlined in the October
6, 2014 Inlet Management Plan, to include 3-year monitoring of Fort Caswell and Caswell
Beach shoreline from Station 120+00 to 20+00.
34.If the Technical Advisory Committee (TAC) is engaged and agrees that dredging the in
JayBird Shoals borrow area is causing unintentional effects on Caswell Beach, the applicant
will be responsible for mitigation. Mitigation will consist of sand placement or other form of
shoreline stabilization in the affected area(s) of Caswell Beach. The applicant shall notify the
Corps any time the TAC is engaged.
35.No more than 72.8 acres of the Jay Bird Shoals Borrow Area shall be dredged. No more than
1.2 million CY shall be removed.
ATTACHMENT C
USFWS STATEWIDE PROGRAMMATIC
BIOLOGICAL OPINION
REASONABLE AND PRUDENT
MEASURES AND TERMS AND
CONDITIONS
NORTH CAROLINA
STATEWIDE PROGRAMMATIC BIOLOGICAL OPINION (SPBO)
BEACH SAND PLACEMENT
August 28, 2017
INTRODUCTION
A biological opinion (BO) is the document that states the opinion of the U.S. Fish and Wildlife Service
(Service) as to whether a federal action is likely to jeopardize the continued existence of listed species or
result in the destruction or adverse modification of designated critical habitat. This BO addresses piping
plover (Charadrius melodus melodus), red knot (Calidris canutus rufa), seabeach amaranth (Amaranthus
pumilus), and the loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), green (Chelonia
mydas), hawksbill (Eretmochelys imbricata), and Kemp’s ridley sea turtles (Lepidochelys kempii).
Designated critical habitat for wintering piping plovers and terrestrial critical habitat for loggerhead sea
turtles is also addressed. The BO evaluates the effects of the Action along with those resulting from
interrelated and interdependent actions, and from non-federal actions unrelated to the proposed Action
(cumulative effects), relative to the status of the species and the status of the critical habitat to arrive at a
Service opinion that the proposed action is or isn’t likely to jeopardize species or adversely modify
critical habitat. Jeopardize the continued existence of means to engage in an action that reasonably would
be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery
of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50
CFR §402.02). Destruction or adverse modification of designated critical habitat means a direct or
indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed
species. Such alterations may include, but are not limited to, those that alter the physical or biological
features essential to the conservation of a species or that preclude or significantly delay development of
such features (50 CFR §402.02). The entire SPBO can be accessed at
http://www.fws.gov/raleigh/pdfs/spbo.pdf .
Below are following Reasonable and Pruden Measures and Terms and Conditions of the SPBO:
REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS
The Service believes the following reasonable and prudent measures (RPMs) are necessary and
appropriate to minimize take of piping plovers, red knots, seabeach amaranth, and sea turtles in the
Action Area for the following sand placement activities:
A.Sand placement from beach nourishment activities; and
B.Sand placement from navigation channel maintenance.
If unable to comply with the RPMs and Terms and Conditions, the Corps, as the regulatory authority or
construction agent may:
1. Inform the Service why the RPM or Term and Condition is not reasonable and prudent for the
specific project or activity and request exception under the SPBO; or
2.Initiate consultation with the Service for the specific 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 may be subject to congressional authorization and
the allocation of funds. If the Corps or Permittee cannot fulfill these Reasonable and Prudent Measures,
the Corps must reinitiate consultation.
RPMs – All Species
A.1. Conservation Measures included in the Corps’ Programmatic Biological Assessment (PBA) that
address protection of nesting sea turtles, piping plovers, red knots, and seabeach amaranth shall
be implemented in the Corps federally authorized project or regulated activity. If an RPM and
Term and Condition address the same requirement, the requirements of the RPM and Term and
Condition take precedence over the Conservation Measure.
A.2. The Corps will notify the Service of the commencement of projects that utilize this SPBO for the
purposes of tracking incidental take of all species.
A.3. For the life of the project, all sand placement activities above MHW must be conducted within
the winter work window (November 16 to April 30).
A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be
removed from the beach to the maximum extent possible.
A.5.During construction, trash and food items shall be disposed of properly either in predator-proof
receptacles, or in receptacles that are emptied each night to minimize the potential for attracting
predators of piping plovers, red knots, and sea turtles.
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC.
Pipeline placement coordination may be accomplished through the permit application or Corps’
contract processes utilizing appropriate GIS tools.
A.7.Access points for construction vehicles should be as close to the project site as possible.
Construction vehicle travel down the beach should be limited to the maximum extent possible.
A.8.A meeting between representatives of the Permittee or Corps, the Service, NCWRC, and
NCDCM, must be held prior to the commencement of work on each project.
A.9.The Corps shall facilitate an annual meeting with the Service to assess the effectiveness of the
protection and minimization measures outlined in this SPBO.
RPMs - Piping Plovers and Red Knots

A.10. All personnel involved in the construction or sand placement process along the beach shall be
aware of the potential presence of piping plovers and red knots. Before start of work each
morning, a visual survey must be conducted in the area of work for that day, to determine if
piping plovers and red knots are present.

A.11. If project-related activities will potentially adversely affect nesting shorebirds or active nesting
habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to
proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors
within the project area, then the Corps or Permittee must contact the Service and NCWRC as
soon as possible.

A.12. If project activities will be conducted in Optimal Piping Plover Areas (defined in Terms and
Conditions A.13 and A.14), the Corps or the Permittee shall clearly delineate work areas within
the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and access points.
Disturbance outside those delineated work areas must be limited to the maximum extent
possible, thereby minimizing effects to sandy unvegetated habitat within the project footprint.

A.13. If project activities will be conducted in Optimal Piping Plover Areas (defined in Term and
ConditionsA.13 and A.14), the Corps, the Permittee, or the local sponsor shall provide the
mechanisms necessary to monitor impacts to the piping plovers from the project for two years
post-construction.

RPMs – Loggerhead, Green, Leatherback, Hawksbill, and Kemp’s Ridley Sea Turtles

A.14. Only beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence (defined in Term and Condition A.18) shall be used for sand placement.

A.15. During dredging operations, material placed on the beach shall be qualitatively inspected daily
to ensure compatibility. If the inspection process finds that a significant amount of non-beach
compatible material is on or has been placed on the beach, all work shall stop immediately and
the NCDCM and the Corps will be notified by the Permittee or Corps to determine the
appropriate plan of action.

A.16. Sea turtle nesting surveys must be conducted within the project area between May 1 and
November 15 of each year, for at least two consecutive nesting seasons after completion, if the
sand remains on the beach. Acquisition of readily available sea turtle nesting data from
qualified sources (volunteer organizations, other agencies, etc.) is acceptable.

A.17. Visual surveys for escarpments along the Action Area must be made immediately after
completion of sand placement, and within 30 days prior to May 1, for two subsequent years after
any construction or sand placement event.

A.18. Sand compaction must be qualitatively evaluated at least twice after each sand placement event.
Sand compaction must be inspected in the project area immediately after completion of any sand
placement event and one time after project completion between October 1 and May 1.

A.19. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken,
must be submitted to the Service following completion of work for each year when a sand
placement activity has occurred.

A.20. If a dune system is part of the project design, the placement and design of the dune must be
coordinated with the Service.

RPMs – Seabeach Amaranth

A.21. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring
program.

TERMS AND CONDITIONS FOR:

A. Sand placement from beach nourishment activities

All conservation measures described in the Corps’ Programmatic Biological Assessment are hereby
incorporated by reference as Terms and Conditions within this document pursuant to 50 CFR §402.14(I)
with the addition of the following Terms and Conditions. In order to be exempt from the prohibitions of
section 9 of the Act, the Corps shall comply with the following Terms and Conditions, which implement
the Reasonable and Prudent Measures, described above and outline reporting/monitoring requirements.
These terms and conditions are non-discretionary.

Post-construction requirements are listed in Terms and Conditions A.13, A.14, A.17, A.18, A.19, A.20,
A.22, A.23, A.24, A.25, and A.26. These post-construction requirements may be subject to congressional
authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Terms and
Conditions, the Corps must reinitiate consultation.

Terms and Conditions – All Species

A.1. Conservation Measures included in the Corps’ PBA that address protection of nesting sea turtles,
piping plover, red knot, and seabeach amaranth listed on pages 10-11 of the SPBO shall be
implemented in the Corps federally authorized project or regulated activity.

A.2. The Corps or the Permittee must provide the following information to the Service at least 10
business days prior to the commencement of work:
a) Project location (include latitude and longitude coordinates, as well as mile markers,
cross streets, or street addresses if available);
b) Project description (including linear feet of beach, actual fill template, access points, and
borrow areas); and
c) Anticipated date of commencement and anticipated duration of construction.

A.3. For the life of the permit/project, all sand placement activities above MHW must be conducted
within the winter work window (November 16 to April 30), unless a variance is approved after
additional consultation with the Service.

A.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be
removed from the beach to the maximum extent possible. If debris removal activities take place
during shorebird breeding season (April 1– August 31), the work shall be conducted during
daylight hours only.
A.5. During construction, trash and food items shall be disposed of properly either in predator-proof
receptacles, or in receptacles that are emptied each night to minimize the potential for attracting
predators of piping plovers, red knots, and sea turtles.
A.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and the NCWRC.
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.8. 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%20Sea%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 requirements for calculating the
extent of take are adequate. This meeting will also explore:
a)The possibility of using dredged materials to enhance potential or existing piping plover
habitat within and adjacent to the project area;
b) Methods for funding beneficial use opportunities for dredged materials that are not least-
cost disposal to benefit piping plovers and their habitat;
c)The development of shore protection design guidelines that can be utilized during future
project planning to protect and/or enhance piping plover habitat; and
d) Incorporating artificial lagoons or ephemeral pools into project designs adjacent to inlets
where sand placement is proposed.

Terms and Conditions – Piping Plovers and Red Knots

A.11. All personnel involved in the construction or sand placement process along the beach shall be
aware of the potential presence of piping plovers and red knots. Before start of work each
morning, a visual survey must be conducted in the area of work for that day, to determine if
piping plovers and red knots are present. If shorebirds are present in the work area, careful
movement of equipment in the early morning hours should allow those individuals to move out of
the area. Construction operations shall be carried out at all times in a manner as to avoid
negatively impacting shorebirds and allowing them to exit the area.

A.12. If project-related activities will potentially adversely affect nesting shorebirds or active nesting
habitat, the Corps or Permittee must coordinate with the Service and NCWRC prior to
proceeding. If the project is ongoing and shorebirds begin territorial or other nesting behaviors
within the project area, then the Corps or Permittee must contact the Service and NCWRC as
soon as possible.

A.13. If project activities will be conducted in Optimal Piping Plover Areas, piping plover habitat
(sandy unvegetated habitat) within the Optimal Piping Plover Area shall be avoided to the
maximum extent practicable when staging equipment, establishing travel corridors, and aligning
pipeline. The Corps or the Permittee, to the maximum extent practicable, shall clearly delineate
work areas within the Optimal Piping Plover Area such as pipeline corridors, travel corridors, and
access points. Disturbance outside those delineated work areas must be limited, thereby
minimizing effects to sandy unvegetated habitat. Driving on the beach for construction shall be
limited to the minimum necessary within the designated travel corridor. The delineation of work
corridors and work areas in authorized project plans will be sufficient to meet this term and
condition.
Optimal Piping Plover Areas are defined as having documented use by piping plovers, and they
include coastal habitat features that function mostly unimpeded. Optimal Piping Plover Areas
include:
a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes are
allowed to function, mostly unimpeded*, that have any of the following features in the
Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.

[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally
does not include public lands that are solely state-owned water bottoms, street ends, parking lots,
piers, beach accesses, heavily-developed or highly-manipulated parks, or shoreline developed for
commercial or residential purposes. It generally does include public lands consisting of
undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.]

A.14. If project related activities will be conducted in Optimal Piping Plover Areas, then the piping
plover and red knot survey protocol in Appendix D must be followed. Two full years of post-
construction monitoring is required. Optimal Piping Plover Areas include:

a) Designated piping plover Critical Habitat Units (see Appendix B);
b) All Federal, State, and County publicly owned land where coastal processes are
allowed to function, mostly unimpeded*, that have any of the following features in the
Action Area:
i. Located within 1 mile of an inlet;
ii. Emergent nearshore sand bars;
iii. Washover fans;
iv. Emergent soundside and Ocean shoals and sand bars;
v. Soundside mudflats, sand flats, and algal flats; or
vi. Soundside shorelines.

[*Publicly owned land where coastal processes are allowed to function, mostly unimpeded, generally
does not include public lands that are solely state-owned water bottoms, street ends, parking lots,
piers, beach accesses, heavily-developed or highly-manipulated parks, or shoreline developed for
commercial or residential purposes. It generally does include public lands consisting of
undeveloped parks, preserves, and other natural undeveloped shoreline and dunes.]

Terms and Conditions – Sea Turtles

A.15. Only beach compatible fill shall be placed on the beach or in any associated dune system. Beach
compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not
been affected by prior sand placement activity. Beach compatible fill must be sand comprised
solely of natural sediment and shell material, containing no construction debris, toxic material,
large amounts of rock, or other foreign matter. The beach compatible fill must be similar in both
color and grain size distribution (sand grain frequency, mean and median grain size and sorting
coefficient) to the native material in the Action Area. Beach compatible fill is material that
maintains the general character and functionality of the material occurring on the beach and in the
adjacent dune and coastal system. In general, fill material that meets the requirements of the most
recent version of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312)
is considered compatible.

A.16. During dredging operations, material placed on the beach shall be qualitatively inspected daily to
ensure compatibility. If the inspection process finds that a significant amount of non-beach
compatible material is on or has been placed on the beach, all work shall stop immediately, and
the NCDCM, Corps, and BOEM (as appropriate) will be notified by the permittee and/or its
contractors to determine the appropriate plan of action. Required actions may include immediate
removal of material and/or long-term remediation activities.

A.17. Daily sea turtle nesting surveys must be conducted within the project area between May 1 and
November 15 of each year, for at least two consecutive nesting seasons after completion of sand
placement (2 years post-construction monitoring). Acquisition of readily available sea turtle
nesting data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable.
However, in the event that data from other sources cannot be acquired, the Corps or permittee
will be responsible to collect the data. Data collected for each nest should include, at a minimum,
the information in the table, below. This information will be provided to the Service in the
annual report, and will be used to periodically assess the cumulative effects of these projects on
sea turtle nesting and hatchling production and monitor suitability of post construction beaches
for nesting. Please see REPORTING REQUIREMENTS, below.

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.
Parameter Measurement Variable
Number of
False Crawls
Visual Assessment
of all false crawls
Number/location of false crawls in nourished areas; any interaction of
turtles with obstructions, such as sand bags or scarps, should be noted.
False Crawl
Type
Categorization of
the stage at which
nesting was
abandoned

Number in each of the following categories:
a) Emergence - no digging;
b) Preliminary body pit;
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
Impacts
Disoriented sea
turtles
The number of disoriented hatchlings and adults.
A.19. Sand compaction must be qualitatively evaluated at least twice after each sand placement event,
once in the project area immediately after completion of any sand placement event and once after
project completion between October 1 and May 1. Compaction monitoring and remediation are
not required if the placed material no longer remains on the beach. Within 14 days of completion
of sand placement and prior to any tilling (if needed), a field meeting shall be held with the
Service, NCWRC, and the Corps to inspect the project area for compaction and determine
whether tilling is needed.
a) If tilling is needed for sand suitability, the area must be tilled to a depth of 36 inches. All
tilling activities shall be completed prior to May 1 of any year.
b) Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3 square
feet or greater, with a 3-foot buffer around all vegetation.
c) If tilling occurs during the shorebird nesting season or seabeach amaranth growing season
(after April 1), shorebird surveys and/or seabeach amaranth surveys are required prior to
tilling.
d) A summary of the compaction assessments and the actions taken shall be included in the
annual report to NCDCM, the Corps, and the Service.
e) These conditions will be evaluated and may be modified if necessary to address and
identify sand compaction problems.

A.20. A report describing the fate of observed sea turtle nests and hatchlings and any actions taken,
must be submitted to the Service following completion of the proposed work for each year when
a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below.

A.21. If a dune system is part of the project design, the placement and design of the dune must be
coordinated with the Service.

Terms and Conditions – Seabeach Amaranth

A.22. The Corps Civil Works Program shall continue its annual seabeach amaranth monitoring program
in accordance with April 19, 1993 Biological Opinion for various U.S. Army Corps of Engineers’
projects and Terms and Conditions A.23 to A.26, below..

A.23. The Corps should survey beach sand placement areas for at least five years following each
placement event, to determine the status of the seabeach amaranth populations in the project areas
and the effects that beach disposal has on this species. Surveys should be conducted in August or
September so that the number of plants reaching reproductive age can be determined.

A.24. Suitable habitat along shoreline reaches that have received sand within the previous five years
should be surveyed for the occurrence of seabeach amaranth. Documentation for each seabeach
amaranth plant should include location (using a handheld GPS unit), unique features,
abnormalities, or other relevant information. If multiple plants are observed in an area, a single
representative GPS point may be logged with accompanying notes describing total plants
associated with that point.

A.25. A Corps report describing the seabeach amaranth survey and results should be submitted to
Service, the North Carolina Natural Heritage Program, and the North Carolina Plant Conservation
Program, by December 31 of each year. The report should include a map showing locations of
seabeach amaranth populations and the numbers of plants, with separate figures for those in
flower or fruit, found in the sand placement areas.

A.26. If tilling of the beach is required due to high compaction levels resulting from beach disposal,
surveys should be conducted in advance of the tilling for seabeach amaranth (see sea turtle
section - Reasonable and Prudent Measures). No tilling should be conducted in the immediate
areas where seabeach amaranth plants are growing.

ATTACHMENT D
NMFS 2020 SARBO
PROJECT DESIGN CRITERIA

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

PLACE.1 Beneficial use (e.g., beach nourishment, nearshore placement, or muck
dredging considered under 2020 SARBO or marsh creation locations analyzed under a
separate ESA Section 7 consultation, but filled with material dredged under 2020 SARBO)
• Beach nourishment described in Section 2.4.1 2020 SARBO and PDC PLACE.2.
• Nearshore placement described in Section 2.4.2 2020 SARBO and PDC PLACE.3.
• Beneficial use placement of material where the dredging of the material is covered under
this Opinion and placement of material in a specific location was analyzed under an
individual Section 7 consultation (e.g., placement of material used in marsh creation).
• Beneficial use activities not covered include thin-layer placement (e.g., used for marsh
creation or other disposal method), filling of holes to improve water quality, filling of holes
or minor depressions to restore the appropriate depth for habitat restoration, or other
similar placement activities.

PLACE.2 Beach nourishment projects are covered under this Opinion if they meet the
conditions listed below and described in Section 2.4.1 of the 2020 SARBO.
• Beach nourishment in the locations and defined beach sand placement template
described in SARBA Appendix B.
• Beach nourishment in areas that has been previously analyzed in a Separate Section 7
consultation, filled, and is being nourished again to the same beach sand placement
template.
• Placement on the uplands for activities with no intended equilibrium to occur in water
(e.g., dune restoration) is outside of the jurisdiction of NMFS.
• No beach nourishment projects are covered in the U.S. Caribbean.
• New beach nourishment and placement is allowed outside the range of corals (as
defined in the Coral PDCs in Appendix C) if it meets the conditions below. For the
purposes of this Opinion, new beach placement is defined as placement of sand on an
existing beach that has not been previously nourished. o Placement of beach sand
outside of Florida will be compatible with the native beach sediment composition to
minimize turbidity in the surrounding in-water environment.
o New beach placement is allowed if the design profile is similar/consistent to adjacent
beaches. This does not include non-traditional beach nourishment designs such as those
that protrude and may obstruct species movement along the shore.
o All new beach nourishment is limited to placement in areas lacking hardbottom (e.g.,
worm-rock or other forms of non-coral hardbottom) and seagrasses that may be used as
foraging or refuge habitat for ESA-listed species.

EDUCATE.1 All personnel associated with this project shall be instructed about the
potential presence of species protected under the ESA and MMPA and the appropriate
protocols if they are encountered including those in the PSO conditions listed below.

EDUCATE.2 All on-site project personnel are responsible for observing water-related
activities for the presence of ESA-listed species.

EDUCATE.3 All on-site project personnel will be informed of all ESA-listed species that
may be present in the area and advised that there are civil and criminal penalties for
harming, harassing, or killing ESA-listed species or marine mammals.

EDUCATE.4 All on-site project personnel will be briefed that the disposal of waste
materials into the marine environment is prohibited. All crew will attempt to remove and
properly dispose of all marine debris discovered during dredging operations, to the
maximum extent possible.

INWATER.1 All work, including equipment, staging areas, and placement of materials,
will be done in a manner that does not block access of ESA-listed species from moving
around or past construction.

INWATER.2 Equipment will be staged, placed, and moved in areas and ways that
minimize effects to species and resources in the area, to the maximum extent possible.
Specifically:
1. All vessels will preferentially follow deep-water routes (e.g., marked
channels) to avoid potential groundings or damaging bottom resources whenever possible
and practicable.
2. Barges, scows, and other similar support equipment will be positioned away from
areas with sensitive bottom resources such as non-ESA-listed seagrasses, corals,
and hardbottom, to the maximum extent possible.
3. Pipelines will be placed in areas away from bottom resources and of
sufficient size or weight to prevent movement or anchored to prevent movement or the
pipeline will be floated over sensitive areas.

INWATER.3 All work that may generate turbidity will be completed in a way that
minimizes the risk of turbidity and sedimentation to non-ESA-listed non-mobile species
(e.g., non-ESA- listed corals, sponges, and other natural resources) to the
maximum extent practicable. This may include selecting equipment types that minimize
turbidity and positioning equipment away or downstream of non-mobile species.

INWATER.4 If turbidity curtains are used, barriers will be positioned in a way that does
not block species’ entry to or exit from designated critical habitat and does not entrap
species within the construction area or block access for them to navigate around the
construction area. Project personnel must take measures to monitor for entrapped
species in areas contained by turbidity curtains and allow access for them to escape if
spotted.

INWATER.5 If lines or cables are used (e.g., to mark floating buoys, lines connecting
pickup buoy lines, or for turbidity curtains):
• In-water lines (rope, chain, and cable) will be stiff, taut, non-looping. Examples
of such lines are heavy metal chains or heavy cables that do not readily loop and tangle.
Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, will be
enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from
looping or tangling. In all instances, no excess line is allowed in the water.

• All lines or cables will be immediately removed upon project completion.
• All in-water lines and materials will be monitored regularly to ensure nothing
has become entangled.
• Cables or lines with loops used to move pipelines or buoys will not be left in
the water unattended.
CUTTER.1 The cutterhead will not be engaged/turned on when not embedded in the
sediment, to the maximum extent possible.
OBSERVE.1 For generally stationary construction with work contained to a specific
project area, such as mechanical dredging equipment:
•All personnel working on the project will report ESA-listed species observed in the
area to the on-site crew member in charge of operations.
•Operations of moving equipment will cease if an ESA-listed species is observed
within 150 ft of operations by any personnel working on a project covered under
this Opinion (e.g., sea turtles, sturgeon, elasmobranchs [giant manta ray, scalloped
hammerhead shark, oceanic white tip shark] or ESA-listed marine mammal).
•Activities will not resume until the ESA-listed species has departed the
project area of its own volition (e.g., species was observed departing or 20
minutes have passed since the animal was last seen in the area).
OBSERVE.2 For a vessel underway, such as a hopper dredge or support vessel,
traveling within or between operations must follow speed and distance requirements,
defined below, while ensuring vessel safety:
•All personnel working onboard will report ESA-listed species observed in the area
to the vessel captain.
•If an ESA-listed species is spotted within the vessel’s path, initiate evasive
maneuvers to avoid collision.
OBSERVE.4 Any collision(s) with an ESA-listed species must be immediately reported to
the USACE according to their internal protocol and to NMFS consistent with the reporting
requirements listed below in Take reporting Requirements “Pages 25 & 26 below). A
vessel collision with an ESA-listed species is counted as take for the project. In addition,
reports of certain species shall also be reported as listed below. A link to the most current
contact information will also be available at ([e-mail]).
Sea turtle take will also be reported to the appropriate state species representative
(https://www.fisheries.noaa.gov/state-coordinators-seaturtlestranding-and-salvage-
network).
OBSERVE.5 Any collision with a marine mammal will be reported immediately to the
Southeast Regional Marine Mammal Stranding hotline at 1-877-WHALE-HELP.
NARW.2
• All on-site project personnel associated with a project covered under SARBO including the
vessel captain, crew, and PSO on dredge vessels, survey vessels, and all supporting
vessels over 33-ft in length will be instructed on the presence of North Atlantic right whale
and other ESA-listed species and the requirements to observe, avoid, and report North
Atlantic right whale in the area.
• All captains of dredges, relocation trawlers, survey vessels, and support vessels over 33-ft
in length will provide a text message address (that is capable of receiving short emails as
text messages) to receive real-time whale alerts throughout the calving season. The text
message address will be provided to [e-mail] at least 14 days prior
to the start of dredging or annually on November 1 if the vessel is utilized year round.
• The PSO will note all sightings of ESA-listed species and marine mammals according to
the reporting requirements in the 2020 SARBO Section 2.9 and by submitting all necessary
forms and information to the ODESS. All ESA-listed marine mammals spotted will also be
immediately reported by calling 1-877-WHALE_HELP.
• All project vessels will carry operational automatic identification system transmitters as
required by the U.S. Coast Guard. Transmitters will be powered on and transmitting while
vessels are underway and NMFS will be provided the vessel name and vessel tracking
number (maritime mobile service identities) so that all vessels operating under SARBO can
be tracked and confirm compliance with this Plan. Vessel tracking numbers will be recorded
in ODESS and emailed to NMFS at [e-mail] for all vessels over 33-ft in
length operating from the Virginia/North Carolina border south to Cape Canaveral, Florida,
during the North Atlantic right whale migration and calving season from November 1 through
April 30 (see SARBO General PDCs, Section 2, Appendix A).
NARW.3 Vessel Speed Requirements Speed requirements must be followed if a North
Atlantic right whale has been spotted or reported in the area as defined below. North Atlantic
right whale presence may be determined by observers on the vessel, reports from aerial
surveys, EWS, or confirmed public sighting reports. All captains are required to use daily
available information and reports on the presence of North Atlantic right whales and aerial
survey activities in the project area. These speed restrictions apply to all vessels associated
with a project covered under SARBO.
• Vessels over 65 ft in length: When a whale is observed or reported within 38 nmi of dredge
or support vessels, vessels must slow to 10 knots or slowest safe navigable speed for 36
hours92 or until next North Atlantic right whale survey when no whales are observed,
whichever is shorter.
• Vessels 33- 65 ft: When a whale is observed or reported within 38 nmi of dredge or
support vessels which are within the Southeast SMA, vessels must slow to 10 knots or
slowest safe navigable speed until the next North Atlantic right whale survey when no
whales are observed. Vessels may resume speed once outside the Southeast SMA.
Outside of the Southeast SMA, but within the range of North Atlantic right whale habitat, the
vessel must slow to 10 knots for 36 hours, or until the next North Atlantic right whale survey
when no whales are observed.
ATTACHMENT E
Dredge Plant Conditions, Checklist,
and ODESS forms
1
Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants
1.Reporting requirements:
a.Pre-Construction Notification: At least 2 weeks prior to initiating the work
authorized by this permit, the Permittee shall submit a completed
“SARBO Pre-Construction Notification” form (see form below) to the
following emails: [e-mail] and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes). Upon receipt of the
notification form, you will receive a list of the Corps primary points of
contact for reporting turtle take/incidents. If the permit authorizes multiple
work events, the Permittee must submit the SARBO Pre-Construction
Notification prior to each event.
b.Take Reporting: All lethal and nonlethal take associated with a project
covered under SARBO will be reported within 48 hours. Project details
related to take that will be reported by completing “SARBO Take
Reporting” form (see form below) and sent to the following emails:
[e-mail] and [e-mail]. The
checklist must be completed using the form function (i.e. do not handwrite
or create text boxes).
c.Post-Construction Reporting: Within 30 days of completing the work
authorized by this permit, the Permittee shall submit a completed “SARBO
Post-Construction Notification” form (see form below) to the following
emails: [e-mail] and
[e-mail]. The checklist must be completed using the form
function (i.e. do not handwrite or create text boxes).
2
4.Dredging Quality Management (DQM): Dredging and dredged material
disposal and monitoring of dredging projects using the Dredging Quality
Management (DQM) system shall be implemented for this permit. The Permittee
shall ensure that each dredge assigned to the work authorized by this permit is
equipped with DQM, previously known as ‘Silent Inspector’, for dredge
monitoring. The Permittee’s DQM system must have been certified by the DQM
Support Team within one calendar year prior to the initiation of the dredging/
disposal. Questions regarding certification should be addressed to the DQM
Support Center at 877-840-8024. Additional information about the DQM System
can be found at https://dqm.usace.army.mil/. The Permittee is responsible for
insuring that the DQM system is operational throughout the dredging and
disposal project and that project data are submitted to the DQM National
Support Center in accordance with the specifications provided at the
aforementioned website. The data collected by the DQM system shall, upon
request, be made available to the Regulatory Division of the U.S. Army Corps of
Engineers - Wilmington District.
SARBO 2020 PCN Form Page 1 of 4 Form date 24 June 2020
South Atlantic Regional Biological Opinion (March 2020)
Pre-Construction Notification Form
This form is used by the U.S. Army Corps of Engineers to document compliance with
Section 2.9.3.5 of the South Atlantic Regional Biological Opinion (SARBO). You are
required to complete this form and submit it via email to the email addresses listed in
the special condition in the USACE permit TWO WEEKS prior to commencing work.
The form must be completed electronically using the form feature (i.e. do not handwrite
or create text boxes).
1)USACE Project Manager (point of contact and contact information):
2)Protected Species Observer (PSO)
a)Will a PSO be used?Yes No
b)Provide the observer company, if a PSO was used, and contact information:
3)List all federal action agency/s associated with project (Select all that apply):
USACE: SAD SAC SAJ SAS SAW
FEMA BOEM U.S. Air
Force
Other:
4)All federal action agency project tracking numbers associated with the project, if
applicable (e.g., USACE Regulatory tracking number, e.g., SAW-2018-xxxxx):
5)Biological Opinion(s) used to authorize the work:
SARBO
JAXBO (SAJ)
SARBO 2020 PCN Form Page 2 of 4 Form date 24 June 2020
6)Estimated project start date:
7)Estimated project complete date:
8)Project name (Typically projects are referred to by the name of the area. If the area
has more than one common name, all common names should be provided):
9) Project location:
a)Project location for dredging 1. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
b)Project location for placement. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
10)Is the project occurring in an area identified in this Opinion that requires additional
protection (select all that apply)?
ESA-listed coral (Appendix C) Johnson’s seagrass (Appendix D)
Sturgeon rivers (Appendix E)
When and where North Atlantic right whales may be present (Appendix F)
1 Project spatiolocation (i.e., shapefile/.kmz) to show the complete action area is needed if this information
has not been previously provided to NMFS.
SARBO 2020 PCN Form Page 3 of 4 Form date 24 June 2020
11)and 12) Is the project occurring within the geographic limits of a designated critical
habitat, even if features are not impacted? Total area of the project that occurs
within the geographic area of one or more critical habitat units, if applicable.
Critical habitat Unit Additional unit
(if applicable)
Total area
(Square feet)
Green sea turtle
Leatherback sea
turtle
Loggerhead sea
turtle
Hawksbill sea turtle
Atlantic sturgeon
Acropora (Elkhorn
and staghorn coral)
Johnson’s seagrass
North Atlantic right
whale
13) Project type/s (Check all that apply):
Maintenance Dredging Minor channel modification/realignment
Borrow site Muck dredging
Beach nourishment Nearshore placement
ODMDS G&G survey
New placement location Other
14) Pre-project proposed dredge and placement total volume in cubic yards.
15) Previous dredge templates:
a) Does dredging exceed the previously federally-approved or federally-authorized
dredge template including previously considered overdepth and/or advanced
maintenance? Yes No
b)If you selected yes to question 16a, provide an explanation (e.g., approved
through supersede, unintentional/unusual event and lesson learned).
Dredge:Placement:
N/A
N/A
N/A
N/A
SARBO 2020 PCN Form Page 4 of 4 Form date 24 June 2020
16) Select all of the vessels and specific equipment used on project. A single project
may include more than 1 category of equipment listed below for a portion or all of a
project. The equipment types expected to be used and listed with the pre-
construction notification will be updated at the end of the project if modifications
were necessary.
Hopper dredge
Modified hopper
Non-hopper dredging equipment (e.g., bucket, clamshell, cutterhead, water-
injection, bed-leveling to complete project)
Bed-leveling (used as the sole form of material movement or just during clean-up
phase of hopper dredging).
Geophysical survey
Relocation trawling
New Equipment or construction method approved through the SARBO
Supersede 2 process outlined in Section 2.9.5.2 of this Opinion.
17) The Corps regulatory project manager confirms that all applicable PDCs have been
reviewed and will be requirements of the permit, as noted in the decision document?
Yes No
18) Date Pre-Construction Form completed and emailed:
Operations & Dredging
Endangered Species System (ODESS)
Marine Mammal Observation
Start Date (Required) Start Time (24 hours) (Required) End Date (Required) End Time (24 hours) (Required)
Species Observed (Required)
Magnetic Bearing to Sighting Estimated Distance Vessel’s Heading Heading of Animal(s)
Coloration Fins or Flippers Observed
Behaviors Observed Surfacing Intervals Time
Comments (Was the behavior of the animal(s) affected by the vessel? How far did the animal(s) move? Who was notified?)
ODESS Form 4(7) - 071116
Air Temp (°C) Water Temp (°C) Winds (K) Seas (ft) Cloud Cover (%)
o 0 (0-1 kn, 0-0 ft)
o 1 (1-3 kn, 0-1 ft)
o 2 (4-6 kn, 1-2 ft)
o 3 (6-10 kn, 2-3.5 ft)
o 4 (10-16 kn, 3.5-6 ft)
o 5 (16-21 kn, 6-9 ft)
o 6 (21-27 kn, 9-13 ft)
Observer(s) Name(s) (Required; Print) Observer(s) Signature(s) Observer(s) Company
District Project Contract
Dredge Dredging Company Load Number (Required)/Date
Surfacing Intervals Distance
o Bryde’s/Sei Whale
#____ Est. Length (ft.) ____
o Fin Whale
#____ Est. Length (ft.) ____
o Humpback Whale
#____ Est. Length (ft.) ____
o Manatee
#____ Est. Length (ft.) ____
o Minke Whale
#____ Est. Length (ft.) ____
o Pilot Whale
#____ Est. Length (ft.) ____
o 7 (27-33 kn, 13-19 ft)
o 8 (33-40 kn, 19-25 ft)
o 9 (40-47 kn, 25-32 ft)
o 10 (47-55 kn, 32-41 ft)
o 11 (55-63 kn, 41-52 ft)
o 12 (>63 kn, >52 ft)
Beaufort Sea State
o Right Whale
#____ Est. Length (ft.) ____
o Unknown
#____ Est. Length (ft.) ____
Operations & Dredging
Endangered Species System (ODESS)
Sturgeon Incident
District Project Contract
Dredge Dredging Company
Load Number (Required)/Date Recovery Date (Required) Recovery Time (24 hours) (Required) Is this a Take? (Required)
o Yes
o No
Incident/Take Description
Location Specimen Recovered
o Deck o Hopper
o Draghead o Overflow Screen (Circle one)
o Inflow Cage (Circle one) Starboard/Port/Other
Starboard/Port/Other o Pipe
Rows of Preanal Shields
(SSN = 1/ATL = 2)
Location Comment
Specimen Condition
o Alive o Severely Decomposed
o Dead o Skeleton
o Fresh Dead o Skeleton Old Bone
o Moderately Decomposed o Undetermined
# Dorsal Scutes (SSN = 8-13/ATL = 7-16) # Lateral Scutes (SSN = 22-33/ATL = 24-35) # Ventral Scutes (SSN = 7-11/ATL = 6-9)
Fork Length (cm/in) Standard Length (cm/in) Total Length (cm/in)
Mouth Width (cm/in) Head Width at Eyes (cm/in) Other (cm/in)
Use these diagrams to illustrate the specimen/part that was recovered.
Observer(s) Name(s) (Required; Print) Observer(s) Signature(s) Observer(s) Company
Comments
Genetic Samples Taken?
o Yes o No
Samples Frozen/Preserved?
o Yes o No
Photo Attached?
(If Yes, label the species, date, geographic site, and
dredge name on the photo)
o Yes o No
ODESS Form 3(6)-071116
Species (Required)
o Atlantic o Gulf o Unknown
o Green o Shortnose
Operations & Dredging
Endangered Species System (ODESS)
Turtle Incident
Incident/Take Description
Location Comment
Age Class Gender
o Juvenile o Female
(10.1-80 cm) o Male
o Sub-Adult o Unknown
(80.1-87 cm)
o Adult
(>87 cm)
o Unknown

Tag Type
o Flipper o Other (Specify)
o Pit
Tag Number Plastron Length (cm/in) Carapace Straight Length (cm/in) Carapace Curved Length (cm/in)
Tag Date Plastron Width (cm/in) Carapace Straight Width (cm/in) Carapace Curved Width (cm/in)
Final Disposition of Specimen
Head Width (cm/in)
ODESS Form 2(6) - 071116
Comments
District Project Contract
Dredge Dredging Company
Load Number (Required)/Date
Air Temp (°C) Surface Water Temperature (°C)
Mid-Depth Water Temperature (°C) Bottom Water Temperature (°C)
Use these diagrams to illustrate the specimen/part that was recovered.
Photo Attached? (If Yes, label the
species, date, geographic site, and
dredge name on the photo)
o Yes o No

How Gender Determined
o Tail Length
o Eggs Observed
o Other

Observer(s) Name(s) (Required; Print) Observer(s) Signature(s) Observer(s) Company
Species (Required)
o Green
o Hawksbill
o Kemp’s Ridley
o Leatherback
o Loggerhead
o Unknown

Recovery Date (Required) Recovery Time (24 hours) (Required)
Is this a Take? (Required)
o Yes
o No
Project Incident #
(Required)
Specimen Condition
o Alive
o Dead
o Fresh Dead
o Moderately Decomposed
o Severely Decomposed
o Skeleton
o Skeleton Old Bone
o Undetermined
Genetic Samples Taken?
o Yes
o No
Location Specimen Recovered
o Deck o Hopper
o Draghead o Overflow Screen (Circle one)
o Inflow Cage (Circle one) Starboard/Port/Other
Starboard/Port/Other o Pipe