20170425 Ver 1 - CL31_Conditions to DCM_SAW-2017-00782 - 5/17/2018

Strickland, Bev
From: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent: Thursday, May 17, 2018 3:36 PM
To: Huggett, Doug; Higgins, Karen; [e-mail]; [e-mail]; Fritz
Rohde - NOAA Federal; Bowers, Todd; Mairs, Robb L; Bodnar, Gregg
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For your records. Please see attached signed recommendations to DCM.
Signed Corps authorization to follow.
Thank you!
Liz
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1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 17, 2018
Regulatory Division
Action ID No. SAW -2017-00782
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department
of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Dr. Frerick Fodrie to deploy temporary artificial seagrass units within
waters of the U.S. at the confluence of North River and Back Sound, located in between Beaufort and
Harker's Island in Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.2770 N -
77.7616 W.
The overall approximate 1.4 acre project site would involve the temporary deployment of 0.5 acres
of artificial seagrass units on the sand/mud bottom habitat. The proposed project is a multi-year research
project for the purpose of studying habitat fragmentation effects of fish diversity at landscape scales.
The project consists of placing plastic artificial seagrass units comprised of a material known as VEXAR
on shallow bottom habitat in a 19, 375 square foot area. Each unit is approximately 1 square meter in
size and would contain 450 shoots of green ribbon (approximately 75.5 miles of ribbon) attached to the
VEXAR. The units would be anchored in the sand bar with 6" and 12" landscaping staples. PVC poles
would be used to mark each corner of the individual landscape plots.
The Federal agencies have completed review of the proposal as presented by the application and
your field investigation report. We recommend that the following conditions be included in the
modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus'the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere
to all requirements therein. The guidelines can be found at http://www.fws. og v/nc-
es/mammal/manatee guidelines.pdf.

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2. Gillnet deployments: Continuous monitoring of gillnets during each deployment and pulling
the net if a sea turtle is seen within 50 ft. Scanning the area of gillnet deployment a half hour before
deployment to check for sea turtle presence
3. ASU monitoring: Observe/monitor ASUs at least 3 days a week and during deployments to
detect for foraging via snorkeling. Confirm that each unit and polypropylene strand on every unit is of
the same length (which will help determine evidence of grazing).
4. The deployment/sampling area will be scanned 30 minutes prior to each net deployment
time to observe for sea turtle/dolphin presence.
5. During net deployments, participants will maintain tight nets and repair damaged
nets after each deployment.
6. Gill nets will not be deployed if a sea turtle is observed in the area until after it has
moved off of its own volition. Damaged gill nets will be repaired prior to deployment. While
deployed, gill nets will be stretched tightly to reduce entanglement risk, and will be monitored
continuously.
7. Closely inspect the study area following tropical storms and hurricanes to remove
debris, including damaged ASUs. If a tropical storm or hurricane approaches after August 15th of
a given year, all ASUs would be removed before the storm.
8. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For
further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910)
772-2191.
9. All work authorized by this permit must be performed in strict compliance with the submitted
plans, which are a part of this permit. Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.
10. 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.
11. Approval of the structure is based on determinations that there would be no obstruction to

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navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit
should not be construed, as relieving the permittee of taking proper steps to insure the structure and
moored boats will not be damaged by wave wash.
12. The authorized structure and associated activity must not interfere with the public's right to
free navigation on all navigable waters of the United States. No attempt will be made by the permittee
to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for reason other than safety.
13. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at anytime 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.
14. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
15. 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], Ext. 526 or (800)
662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will
be followed.
16. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
17. If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who
will initiate the required coordination procedures.
18. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide each of
its contractors and/or agents associated with the construction or maintenance of this project with a copy
of this permit. A copy of this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.

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19. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area.
This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate
devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
20. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes
and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant.
21. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps
of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory
Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:

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Ms. Karen Higgins
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Gregg Bodner
North Carolina Division of Coastal Management