SDI-5 (4)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATT=ONOF: April 11, 2016
Regulatory Division
Action ID No.: SAW -2014-02004, SAW -2014-02005, SAW -2014-02006, SAW -2014-02007,
and SAW -2014-02009 Shallow Draft Inlets (SDI -5)
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of `
r
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference is made to the joint DCM/DA permit application submitted by O'Brien and Gere
Engineers, Inc. on behalf of the Town of Emerald Isle, the Town of Topsail Beach, New Hanover
County, the Town of Holden Beach, and the Town of Ocean Isle Beach, to perform maintenance
dredging of five inlets on the southeast North Carolina coast. The five inlets are: Bogue, New
Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlet. The proposals also include
the Atlantic Intracoastal Waterway (AIWW) crossing at each inlet. With the exception of
Shallotte River Inlet, which is a federally -authorized Coastal Storm Damage Reduction (CSDR)
borrow area, these inlets are federally -authorized shallow -draft inlets, and are referred to
collectively as "the SDI -5". The projects are located in waters of the United States and have
been assigned individual Action IDs:
SAW -2014-02004 Bogue Inlet
SAW -2014-02005 New Topsail Inlet
SAW -2014-02006 Carolina Beach Inlet
SAW -2014-02007 Lockwoods Folly Inlet
SAW -2014-02009 Shallotte River Inlet
The Federal agencies have completed review of the proposals as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
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 anyway interfere with the operations of
the Corps' civil works dredging and navigation projects.
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 pernut. A copy of this permit, including all conditions, shall also 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, fill or mechanized land -clearing activities shall take place at any time during 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.
5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time during 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 [phone], and the North
Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30
days prior to beginning the work authorized by this permit. The contractor's name, phone
number, and address, including any inspector's contact name and phone number must be
provided to the Wilmington District prior to any work.
8. A pre -construction meeting must be held with Wilmington District, Regulatory Division prior to
conducting the work to ensure the contractor fully understands the conditions of this permit.
Meeting participants may include, but are not limited to, representatives from the Corps
Navigation Division, N.C. Division of Coastal Management, N.C. Division of Water Resources,
N.C. Wildlife Resource Commission, and U.S. Coast Guard.
9. 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.
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Additionally, the project must remain in full compliance with all aspects of the Sedimentation
Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3 Article 4).
10. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10
of the Rivers and Harbors Act must be reported in writing to the Wilmington Regulatory Field
Office, Attn: Mr. Tyler Crumbley, Wilmington District U.S. Army Corps of Engineers, 69
Darlington Avenue, Wilmington, NC 28403 within 24 hours of the permittee's discovery of the
violation.
11. 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.
12. The permittee shall coordinate the placement of all dredge pipelines along the beach with the
N.C. Wildlife Resources Commission.
13. Prior to the commencement of construction of the authorized dredging or other work within
the right-of-way of, or in proximity to, a federally maintained navigation channel, the
permittee shall obtain all necessary Consents to cross Government Easement from the Corps'
Real Estate Division. The Real Estate Division may be contacted at: CESAS-RE-MC, 69
Darlington Avenue, Wilmington North Carolina 28403-1343, tel. [phone].
14. Activities proposed within the Corps Easements for use of Disposal Areas may require
approval prior to construction. Prior to commencing work associated with improvements or
disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of
Engineers, Real Estate Division for any approvals needed to perform work within the Corps
easement. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington
Avenue.
15. If submerged cultural resources are encountered during the operation, the permittee shall
immediately notify the Corps so that coordination can be initiated with the Underwater
Archeology Unit (UAU) of the Department of Cultural Resources.
16. 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 unpennitted 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.
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17. 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.
18. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit
N CS261, 1.315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2)
weeks prior to beginning work and upon completion of work.
19. 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.
20. To address concerns from the United States Coast Guard: The following information
must be provided 10 days prior to dredge operations commencing:
ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE
SAFE NAVIGATION ON FEDERAL WATERWAYS.
1. DATES (INCLUSIVE) OF OPERATION.
2. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY).
3. NAMES OF THE INVOLVED VESSEL(S).
4. WORKING AND STANDBY FREQUENCIES.
5. SPECIFIC LOCATION (MILE MARKER/CHANNEL).
6. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE
PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE
INFORMATION. WE CANNOT DIRECT THE MOVEMENTS OF VESSELS. WE
URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.)
Submit the information to:
USCG SECTOR NC WATERWAYS DIV
721 MEDICAL CENTER DRIVE
WILMINGTON, NC 28401
OR EMAIL
NCmarineevents a usc�.mil

21. Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30
days' notice is requested. The request will be sent to the Coast Guard District Five Office
at:
USCG DISTRICT FIVE (DPW)
431 CRAWFORD STREET
PORTSMOUTH, VA 23704
OR EMAIL
CGDS [e-mail]
22. 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 telephone, [phone].
TERMS AND CONDITIONS OF IJSFWS BIOLOGICAL OPINIOJ
These terms and conditions are non -discretionary. Unless addressed specifically below, the
terms and conditions are applicable for the maintenance dredging and placement of sand for each
project, for the life of each permit.
'terms and Conditions — All Species
23. For the life of the permit, all sand. placement activities above MHW must be conducted
within the winter work window (November 16 to April 30), unless necessitated by an
emergency condition and allowed after consultation with the Service.
24. 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.
25. Conservation Measures included in the permit applications/project plans must be
implemented in the proposed project. If a Reasonable and Prudent Measure (RPM) and
Term and Condition address the same requirement, the requirements of the RPM and
Term and Condition take precedent over the Conservation Measure,
26. Predator -proof trash receptacles must be installed and maintained during construction at
all beach access points used for the project construction and any maintenance events, to
minimize the potential for attracting predators of piping plovers, red knots, and sea
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turtles. All contractors conducting the work must provide predator -proof trash
receptacles for the construction workers. All contractors and their employees must be
briefed on the importance of not littering and keeping the Action Area free of trash and
debris. See the Appendix for examples of suitable receptacles.
27. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's Raleigh
Field Office, and the NCWRC.
28. 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.
Terms and Conditions — Piping Plovers and Red Knots
29. 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. Construction operations shall not begin.
until individual piping plovers or red knots have exited the work are for the day.
Terms and Conditions — Sea Turtles
30. 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 North
Carolina Technical Standards for Beach Fill (I 5A NCAC 07H .0312) is considered
compatible.
31. During dredging operations, material placed on the beach shall be inspected daily to
ensure compatibility. If the inspection process finds that non -beach compatible material,
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including large amounts of shell or rock exceeding the state sediment criteria (I 5A
NCAC 07H.0312), is or has been placed on the beach, all work shall stop immediately,
and the NCDCM and the Corps will be notified. by the permittee and/or its contractors to
determine the appropriate plan of action.
32. 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 permittee will be responsible to collect the data. Data collected by the
permittee for each nest should include, at a minimum, the information in the table, below.
This information will be provided to the Raleigh Field Office in the annual report, and
will be used to periodically assess the cumulative effects of these projects on sea turtle
nesting and hatchling production and monitor suitability of post construction beaches for
nesting. Please see REPORTING REQUIREMENTS, below.

Parameter
Measurement
Variable
Number of False
Visual Assessment of
Number/location of false crawls in nourished
Crawls
all false crawls
areas; any interaction of turtles with obstructions,
such as sand bags or scarps, should be noted.
False Crawl
Categorization of the
Number in each of the following categories:
Type
stage at which nesting
a) Emergence - no digging;
was abandoned
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.
33. 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's Raleigh Field Office.
34. Sand compaction must be 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. Out -year compaction inspections
and remediation are not required if the placed material no longer remains on the dry
beach. Within 7 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, 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 (after April 1), shorebird
surveys are required prior to tilling per the Migratory Bird Treaty Act.
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's Raleigh
Field Office.
e. These conditions will be evaluated and may be modified if necessary to address
and identify sand compaction problems.
35. A report describing the fate of sea turtle nests and hatchlings and any actions taken, must
be submitted to the Raleigh Field Office following completion of the proposed work for
each year when a sand placement activity has occurred. Please see REPORTING
REQUIREMENTS, below.
1:7 �l 1�7:7i11 �i►C!-!7"moi u
An annual report detailing the monitoring and survey data collected during the preceding year
(required in the above Terms and Conditions) and summarizing all piping plover, red knot, and
sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review
and comment. In addition, any information or data related to a conservation measure or
recommendation that is implemented should be included in the annual report. The contact for
these reporting requirements is:
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Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial
notification must be made to the Service's Law Enforcement Office below. Additional
notification must be made to the Raleigh Ecological Services Field Office identified above and to
the NCWRC at [phone]. Care should be taken in handling sick or injured individuals and
in the preservation of specimens in the best possible state for later analysis of cause of death or
injury.
Jason Keith
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
[phone], Ext. 34
36. Based on consultation with the Habitat Conservation Division of NOAA NMFS,
Lockwoods Folly Inlet (SAW -2014-02007) is subject to the following condition: To the
extent practicable, dredging will be from November 16 to April 30.
37. Based on consultation with the Habitat Conservation Division of NOAA NMFS,
Shallotte Inlet (SAW -2014-02009) is subject to the following conditions: To the extent
practicable, dredging will be from November 16 to April 30. All hardbottom must be
avoided.
38. Permittee Use of SARBO.
a. Hopper dredging is being approved under the South Atlantic Regional
Biological Opinion (SARBO) dated 1997, which can be viewed on the ERDC web site at the
following link: http://el.erde.usace.army.mil/seaturtles/refs-bo.cfm. The SARBO includes an
Incidental Take Statement (ITS) issued to the Corps. Under the SARBO/ITS, incidental takes
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are authorized on a Fiscal Year (FY) (October 1 - September 30) basis to be meted out by the
Division Commander, South Atlantic Division, U.S. Army Corps of Engineers for the
southeastern United States for Corps civil and military projects. The Permittee is hereby
advised to avoid any incidental take, in that such take may trigger the cessation of hopper
dredging for the remainder of that FY. The Permittee understands and agrees that, even
where it is in full compliance with the terms and conditions of the SARBO/ITS, incidental
take by the Permittee may require suspension of the permit by the Corps. The amount of
incidental take that will trigger suspension, and the -need for any such suspension, shall be
determined at the discretion of the Corps. The Permittee understands and agrees on behalf of
itself, its agents, contractors, and other representatives, that no claim, legal action in equity or
for damages, adjustment, or other entitlement against the Corps shall arise as a result of such
suspension or related action.
b. The Permittee shall immediately notify the Corps Regulatory Project Manager
that an incidental take has occurred. The Regulatory Project Manager responsible for this
project is Mr. Tyler Crumbley who may be contacted at the Wilmington Regulatory Field
Office, 69 Darlington Avenue, Wilmington NC 28403, and by telephone at [phone],
or e-mail [e-mail]. Dredging operations shall immediately cease
upon incidental take of any sea turtle species or Atlantic Sturgeon, which is not covered
under the SARBO but is addressed in a 7(a)(2)/7(d) letter, until the District Commander, or
his designee, notifies the Permittee to resume dredging. The Sea Turtle or Atlantic sturgeon
incidental take data form will be filled out by the Observer within 6 hours of the take event
and e-mailed in pdf format to [e-mail] and the Regulatory Project
Manager. In accordance with the RBO, all hopper dredges shall have an Observer on board
who meets the guidelines as established on the website listed in Special Condition 46 below.
39. Pre -Dredging Submittals.
a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid
sea turtle deflector device. The Permittee shall electronically submit drawings to the
Regulatory Project Manager prior to commencement of dredging, showing the proposed
device and its attachment. These drawings shall include the approach angle for any and
all depths to be dredged during the dredging. The Permittee shall not commence hopper
dredging until approval of the sea turtle deflector device has been granted by the Corps.
b. The Permittee shall electronically submit detailed drawings showing the proposed drag
head grating system(s) and drag head(s), and documentation that supports grate sizing
such as dredge pump manufacturer's recommended maximum particle size dimension(s),
etc.
c. The Permittee shall electronically submit an operational plan to achieve protection of
sea turtles during the hopper dredging operation. These operational procedures are
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intended to stress the importance of balancing the suction pipe densities and velocities in
order to keep from taking sea turtles.
d. During turning operations the pumps must either be shut off or reduced in speed to the
point where no suction velocity or vacuum exists. No dredging work shall be allowed to
commence until approval of the turtle deflector device has been granted by the U.S. Army
Corps of Engineers, Wilmington District. Sample Turtle Deflector Design Details are
available on the website listed in Special Condition 46. A copy of the approved drawings
and calculations shall be available on the vessel during dredging operations.
40. Pre -Dredging Inspection. Within 3 days from the date of initiating the authorized work, the
Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist
form with a written notification of the date of commencement of work authorized by this permit.
An inspection of the hopper dredge will be scheduled and performed by the Wilmington District
inspector after receipt of the notification of commencement. Inspection checklists are located on
the website listed in Special Condition 46 below.
41. Hopper Dredge Equipment. Hopper dredge drag heads shall be equipped with sea turtle
deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No
dredging shall be performed by a hopper dredge without an installed turtle deflector device
approved by the District inspector. Sample Turtle Deflector Design Details are on the web site
indicated in Special Condition number 46 below.
a. Deflector Design.
(1) The leading V-shaped portion of the deflector shall have an included angle of less
than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent
structural failure of the device. The leading edge of the deflector shall be designed to
have a plowing effect of at least 6 inches in depth when the drag head is being operated.
Appropriate instrumentation or indicator shall be used and kept in proper calibration to
insure the critical "approach angle." (Information Only Note: The design "approach
angle", or the angle of lower drag head pipe relative to the average sediment plane, is very
important to the proper operation of a deflector. If the lower drag head pipe angle in
actual dredging conditions varies tremendously from the design angle of approach used in
the development of the deflector, the 6 -inch plowing effect does not occur. Therefore,
every effort should be made to insure this design "approach angle" is maintained with the
lower drag pipe.)
(2) If adjustable depth deflectors are installed, they shall be solidly attached to the drag
head using either a hinged aft attachment point or an aft trunnion attachment point in
association with an adjustable pin front attachment point or cable front attachment point
with a stop set to obtain the 6 -inch plowing effect. This arrangement allows fine-tuning
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the 6 -inch plowing effect for varying depths. After the deflector is properly adjusted
there shall be no openings between the deflector and the drag head that are more than 4 -
inches by 4 -inches.
b. In -flow Baskets and overflow screening.
(1) The Permittee shall ensure that baskets or screening are installed over the hopper
inflow(s) and overflow (s) with no greater than 4 -inch by 4 -inch openings. The method
selected shall depend on the construction of the dredge used and shall be approved by the
District inspector prior to commencement of dredging. The screening shall provide 100%
screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall
remain in place throughout the performance of the work. The turtle deflector device and
inflow/overflow screens shall be maintained in operational condition for the entire
dredging operation. If during dredging operations, the Permittee cannot meet the
requirements of the inflow and overflow screening, the Regulatory Project Manager shall
be contacted immediately.
(2) The Permittee shall install and maintain floodlights suitable for illumination of the
baskets or screening to allow the Observer to safely monitor the hopper baskets or
screening during non -daylight hours or other periods of poor visibility. Safe access shall
be provided to the inflow and overflow baskets or screens to allow the Observer to
inspect for turtles and Atlantic sturgeons, or parts thereof, clean the baskets or screens for
the next loading cycle, and document any screening deficiencies. During periods of time
when observers are performing inspections of inflow and overflow baskets or screening,
proper lockout/tag out procedures and fall protection shall be implemented.
c. Drag head grating.
(1) Drag head grating may be used to prevent over -sized objects (relative to respective pump
and distribution system designs) from reaching and becoming lodged or damaging, the dredge
pump and/or slurry distribution system. The Permittee may not use a drag head grating system
that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings
showing the proposed drag head grating system(s) and drag head(s), and documentation that
supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size
dimension(s), etc.) shall be submitted. No dredging shall begin until the District inspector has
approved all grating and screening.
42. Hopper Dredge Operation.
a. The Permittee shall operate the hopper dredge to minimize the possibility of taking sea
turtles or sturgeon and to comply with the requirements stated in the Incidental Take Statement
provided by the NMFS in its SARBO.
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b. The turtle deflector device and inflow/overflow screens shall be maintained in operational
condition for the entire dredging operation.
c. When initiating dredging, suction through the drag heads shall be allowed just long enough
to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting
the drag heads from the bottom, suction through the drag heads shall be allowed just long enough
to clear the lines, and then must cease. Pumping water through the drag heads shall cease while
maneuvering or during travel to/from the disposal area. If the required dredging section includes
compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance
dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of a drag
head with teeth must be monitored for each dredged section to insure that excessive material is
not forced into the suction line. When excess high-density material enters the suction line,
suction velocities drop to extremely low levels causing conditions for plugging of the suction
pipe. Dredge operators should configure and operate their equipment to eliminate all low-level
suction velocities. Pipe plugging in the past was easily corrected, when low suction velocities
occurred, by raising the drag head off the bottom until the suction velocities increased to an
appropriate level. Pipe plugging cannot be corrected by raising the drag head off the bottom.
Arrangements of teeth and/or the reconfiguration of teeth should be made during the dredging
process to optimize the suction velocities.
d. Raising the drag head off the bottom to increase suction velocities is not acceptable. The
primary adjustment for providing additional mixing water to the suction line should be through
water ports. To insure that suction velocities do not drop below appropriate levels, the Permittee
shall monitor production meters throughout the job and adjust primarily the number and opening
sizes of water ports. Water port openings on top of the drag head or on raised standpipes above
the drag head shall be screened before they are utilized on the dredging project. If a dredge
section includes sandy shoals on one end of a tract line and mud sediments on the other end of
the tract line, the equipment shall be adjusted to eliminate drag head pick-ups to clear the suction
line.
e. The drag head shall be buried a minimum of 6 inches in the sediment at all times to
maintain drag head efficacy in reducing incidental takes. Maximum borrow area dredge depths
identified in the attached plans shall not be exceeded to achieve this effective plowing depth.
f. During turning operations the pumps must either be shut off or reduced in speed to the
point where no suction velocity or vacuum exists.
43. Dredging Quality Management. Dredging and dredged material disposal and monitoring of
dredging projects using the Dredging Quality Management (DQM) system shall be implemented
for this DA permit. The Perrnittee shall ensure that each hopper dredge assigned to the work
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authorized by this DA. permit is equipped with DQM, previously known as `Silent Inspector', for
hopper 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 251-690-3011.
Additional information about the DQM System can be found at http://dgni.usace.army.inil. 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 permittee shall
contact the National Dredging Quality Management (DQM) program
(http://clgm.usace.arm.y.milO to assure that project information is loaded and data is being
appropriately transferred prior to project commencement.
44. Sea Turtle Non -Capture Trawl Sweeping. In order to minimize or reduce taking of turtles
during dredging, non -capture trawling may be required if the Corps determines that it is
necessary to reduce entrainment risk. This type of trawling is designed to use non -capture type
trawling equipment to sweep in the proximity of the dredging operations in order to stimulate sea
turtles to move out of the dredge path. No sea turtles will be captured using this trawling
teclulique. Non -capture trawl sweeping may be performed 48 hours prior to initiating dredging
and may continue throughout dredging operations. Conduct non -capture trawl sweeping
operations in the vicinity of dredge operations, but maintain a safe distance from the dredge.
Trawl equipment used (e.g. trawling nets) and trawl sweeping operations shall be conducted such
that no sea turtles or other marine organism by -catch are captured. As much as possible, non -
capture trawl sweeping shall be conducted to maximize the amount of time during each 24-hour
trawl day that the trawl equipment (e.g. trawling nets) sweeps the bottom sediment in the vicinity
of the dredging operation (i.e. maximize the bottom time with the trawling equipment). Such
trawling in the vicinity of the dredge shall be conducted continuously, stopping after every 4 to 6
hours to check the condition of the trawl equipment and assure that no turtles have been
captured.
a. Non -capture Trawl Sweeping Period. Non -capture trawl. sweeping shall be conducted as
described below:
(1) A day of non -capture trawl sweeping shall be defined as 24 hours of continuous trawling.
(2) Non -capture trawl sweeping may be conducted as 24 -hours of trawling as a continuous
trawl; however, two separate crews must be available on board to work two 12 -hour shifts.
b. Turtle Handling and Endangered Species Permits. No sea turtles are to be intentionally
captured during non -capture trawl sweeping operations. No endangered species permits to handle
sea turtles are required for non -capture trawl sweeping. Should a sea turtle become entangled in
the trawling nets; the nearest marine facility must be notified for arrangements to be made to
transfer the animal as needed.
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c. Reporting. A daily log will be kept for each non -capture trawl sweeping operations. The
non -capture trawl sweeping log will be submitted to the Regulatory Project Manager at the
completion of the project. Data to be included with this log daily will include:
(1) GIS coordinate of trawl locations at the start and end of each sweep.
(2) Times recorded for the duration of each trawl sweep.
(3) Description of dredge proximity during each sweep.
(4) General notes as appropriate (e.g. condition of equipment at the end of each sweep,
snags occurring during each sweep, incidental debris, etc.).
(5) Water Quality and Physical Measurements: Water temperature measurements shall be
taken at the water surface each day using a laboratory thermometer. Weather conditions shall be
recorded from visual observations and instruments on the trawler. Weather conditions, air
temperature, wind velocity and direction, high and low tides, sea state -wave height, and
precipitation shall be recorded on the Trawling Form on the web site indicated in Special
Condition 46 below.
Non -Capture Trawl Sweeping Equipment: To reduce the chances of sea turtles
becoming entangled and caught in the net webbing during non -capture trawl
sweeping, the Contractor shall use standard flat -style shrimp trawling nets. Nets shall
have one to two-inch webbing holes, the webbing should be made of nylon material
(preferably dipped.)
The bag end of these nets shall be completely cut out so that the nets remaining on
the rigging are approximately 30 to 50 -feet long. The nets shall be long enough to
provide a trailing length of net in the water to "stimulate turtles" to move but not
be long enough to be able to twist when: 1) being pulled in the water; 2) being
pulled up and onto the deck; 3) the vessel is stationary; or 4) the trawl vessel turns
while trawling. This net length may be shorter or longer depending on the
specific configurations of the trawler and its rigging, but must be set up to
specifically prevent the twisting of the net. The nets should be installed and
adjusted such that organisms are not being collected (turtles and other by -catch).
2. The bag end of the nets shall be cut away to create a large open end on the nets.
The webbing shall be monitored so that tears and rips do not occur in the
remaining webbing that might entangle and capture organisms (particularly
turtles).
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3. To ensure that the lead line and mouth of the trawl nets maintain contact with the
seafloor as best as possible, the lead line of each net shall be rigged with weights,
mud rollers, tickler chains and/or trawling cookies (as appropriate for the
environmental conditions and sediment type).
For the first 48 hours after beginning non -capture trawling operations, pull and check the nets
every hour to evaluate and document the:
a. Status of the nets (particularly twisting of the tail end)
b. Net contents (turtles and other by catch)
and, after the first 48 -hours and appropriate net configuration has been established, gradually
increase trawling times to a maximum of 2 -3 -hours.
e. Trawler Equipment Breakdown: Should there be a breakdown of trawler equipment
that would cause the trawler to leave the area where dredging is underway during any period
of time when non -capture trawl sweeping is required, the dredge may continue to operate for
up to 48 hours, as long as no turtles are taken, and subject to the discretion of the Regulatory
Project Manager. Should there be dangerously high seas that would cause the trawler to leave
the dredging area when non -capture trawl sweeping is required, the dredge may continue to
operate, as long as no turtles are taken; subject to the discretion of the Project Manager.
45. Endangered Species Observers: During dredging operations, observers approved by the
NMFS for sea turtles, Atlantic sturgeon and whales shall be aboard to monitor for the presence of
the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year
round. During transit to and from the disposal area, the observer shall monitor from the bridge
during daylight hours for the presence of endangered species, especially the Northern right whale,
during the period December through March. Records shall be kept of the date, time, and
approximate location of all marine mammal sightings. Care shall be taken not to closely
approach any whales or manatees observed during dredging. The observer shall serve as a
lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions
shall be avoided either through reduced vessel speed, course alteration, or both. During the
evening hours, when there is limited visibility due to fog, or when there are sea states of greater
than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if
whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right
whale is sighted, the dredge operator shall maintain a 500 -yard buffer between the vessel and any
whale.
During dredging operations, while drag heads are submerged, the observer shall continuously
monitor the inflow and/or overflow screening for turtles and/or turtle parts and Atlantic sturgeon
and/or Atlantic sturgeon parts. Upon completion of each load cycle, drag heads should be
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monitored as the drag head is lifted from the sea surface and is placed on the saddle in order to
assure that sea turtles that may be impinged within drag head are not lost and un -accounted for.
Observers shall physically inspect drag heads and inflow and overflow screening/boxes for
threatened and endangered species take. Other abiotic and biotic debris found in the screens
during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so
as not to impede the functioning of the screens during the next load cycle.
a. Monitoring Reports. The results of the monitoring shall be recorded on the appropriate
observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary
sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be
completed regardless of whether any takes of Atlantic sturgeon, whales, or sea turtles occur. In
the event of any sea turtle or Atlantic Sturgeon take by the dredge, appropriate incident reporting
forms shall be completed. Additionally, all specimens shall be photographed with a digital
camera. These photographs shall be attached to respective reports for documentation. Dredging
of subsequent loads shall not commence until all appropriate reports are completed from the
previous dredging load to ensure completeness and thoroughness of documentation associated
with the incidental take. Reports shall be submitted to the Corps within 24 -hours of the take.
Copies of the forms must be legible. Observer forms may be accessed on the web site indicated
in Special Condition 46 below.
b. Endangered Species Observer(s). A list of endangered species observer -biologists (ESOs)
that have been NMFS-approved to monitor threatened/endangered species takes by hopper
dredges can be obtained by contacting NOAA Fisheries' Southeast Region, Protected Resources
Division.
b. The Permittee shall provide a digital camera, with an image resolution capability
of at least 300 dpi, in order to photographically report all incidental takes, without
regard to species, during dredging operations. Immediately following the incidental
take of any threatened or endangered species, images shall be provided, via email,
CD, DVD, or USB (thumb/flash/jump drive) to the Contracting Officer's
Representative in a .JPG or .TIF format and shall accompany incidental take forms.
The nature of findings shall be fully described in the incidental take forms including
references to photographs.
46. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take concerning a
manatee, sea turtle, Atlantic sturgeon, or whale; or sighting of any injured or incapacitated
manatees, sea turtles, or whales shall be reported immediately to the Corps by notifying the
persomlel indicated in the list in Condition 38 above. A copy of the incidental take report shall
be provided within 24 hours of the incident. The Permittee shall also immediately report any
collision with and/or injury to a manatee to the U.S. Fish and Wildlife Service, the National
Marine Fisheries Service, and North Carolina Wildlife Resources Commission. If a sea turtle
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and/or Atlantic sturgeon is taken by the dredge (live or dead), the Permittee shall email a PDF
version of the incidental take report to NOAA-Fisheries Southeast Region at the following email
address within 24 hours of the take: [e-mail], also providing a copy to the
Regulatory Project Manager.
47. Disposition of Sea Turtles or Turtle Parts.
a. Turtles taken by hopper dredge
(1) Dead turtles - Upon removal of sea turtle and/or parts from the drag head or screening,
observers shall take photographs to sufficiently document major characteristics of the turtle or
turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all
photographs taken, a backdrop shall be prepared to document the dredge name, observer
company name, contract title, time, date, species, load number, location of dredging, and specific
location taken (drag head, screening, etc.). Carcass/turtle parts shall also be scanned for flipper
and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea
Turtle Incidental Take Form" that is included in the `Endangered Species Observer Program
Forms" located on the web site indicated in Special Condition number 46 above. Turtle parts
which cannot be positively identified to species shall be preserved by the observer(s) for later
identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted
under the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic
Analysis found in the website listed in Special Condition 46 above. All genetic samples
collected shall be submitted to NMFS within 30 -days of collection and verification of submittal
to NMFS shall be provided to the Regulatory Project Manager. After all data collection is
complete, the sea turtle parts shall be placed in plastic bags, labeled as to the time, date, and
dredged reach of collection, kept frozen and transported to the National Marine Fisheries Service
Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea
turtle/parts, they should be marked (spray paint works well), weighted down and disposed of
under the direction of the Regulatory Project Manager.
(2) Live Turtles - Observer(s) shall measure, weigh, scan for Passive Integrated Transponder
(PIT) tags, and photograph any live turtle(s) incidentally taken by the dredge. If no tagging was
identified, observers shall tag the turtle using Iconnel flipper and PIT tags if they are qualified to
do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project
Manager to transport, as soon as possible, the live turtle(s) taken by the dredge to an approved
rehabilitation facility in the project area.
48. Report Submission. The Permittee shall maintain alog detailing all incidents, including
sightings, collisions with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or whales
occurring during the contract period. The data shall be recorded on forms available on the
website as indicated in Special Condition number 46. All data in original form shall be
forwarded directly to Wilmington District within 10 days of collection. Following project
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completion, a report summarizing the above incidents and sightings shall be submitted to the
following:
a. Wilmington District Regulatory Contact: [e-mail]
b. South Atlantic Dredging Projects: [e-mail]
c. National Marine Fisheries Service
Protected Species Management Branch
263 13th Avenue South
St. Petersburg, Florida 33701
d. North Carolina Wildlife Resources Commission
Matthew Godfrey
307 Live Oak Street
Beaufort, North Carolina 28516
49. All necessary precautions and measures will be implemented so that any activity will not
kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea
turtles, whales, manatee, Atlantic sturgeon, and piping plover). While accomplishing the
authorized work, if the Permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the Corps will be immediately notified so that required coordination can be
initiated with the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries
Service (NMFS).
Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field
Office, Regulatory Division, telephone [phone].
Sincerely,
Tyler Crumbley, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Ms. Karen Higgins
Division of Water Quality .
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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Ms. Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512 +
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext
Wilmington, North Carolina 28405
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