20090337 Ver 2_Other Agency Comments_20090918

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF.
Regulatory Division
Action ID: SAW-2007-02699
September 17, 2009
Mr. Calvin Peck
Village of Bald Head Island
Post Office Box 3009
Bald Head Island, North Carolina 28461-7000
Dear Mr. Peck:
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SEP 18 2009
DIM • WATER QUALITY
NTUNOS AM STORMWATER BRANCH
This correspondence is in response to your letter dated August 21, 2009, requesting
modification of the Department of the Army (DA) Permit issued to the Village of Bald Head
Island June 18, 2009, authorizing one-time placement of approximately 2 million cubic yards of
beach fill from Jay Bird Shoals along the South and West Beaches of Bald Head Island. The
main beach fill along South Beach will begin westward of sand tube groin No. 1 located at sta
44+00 and continue to approximately sta. 190+00. The total length of the proposed beach fill
along South Beach shoreline is approximately 16,200 ft and will be constructed to an average
elevation of +8 ft (NGVD). The main beach fill placement along West Beach will be dictated by
shoreline conditions immediately prior to project bid. This authorization included special
conditions requiring all work to be conducted between November 16th and March 31" and
excavation from Jay Bird Shoals not exceeding a finished depth of -22.0 ft (NGVD).
In your August 21, 2009 letter you request to modify this authorization to staging of
equipment to begin on October 15, 2009 and dredging operations to begin following staging.
You further request to increase the allowable excavation depth on Jay Bird Shoals from -22.0 ft
to -24 ft (NGVD). Your request has been fully coordinated with all appropriate State agencies,
the US Fish and Wildlife Service and the National Marine Fisheries Service. The required
consultations, pursuant to the Endangered Species Act and (50 CFR Section 600.920) and the
Magnuson-Act (Section 305(b)(4)(B)) have been completed. Your request to commence
equipment mobilization on October 15th and subsequent dredging is hereby approved provided
you adhere to the modified special conditions attached here. The special conditions included
with this modification supersede those issued with the original permit. The expiration date of
your permit shall remain at December 31, 2014.
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Should you have any questions, please contact Mr. Dave Timpy, Wilmington Field Office,
Regulatory Division, at [phone].
Sincerely,
c'? • Ailx?
S. Kenneth Jolly
Chief, Regulatory Division
Copies Furnished (w/enclosure):
Ms. Cyndi Karoly -t
Division of Environmental Management
N.C. Department of Environment
and Natural Resources, Wetlands Division
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Steve Everhart
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Molly Ellwood
Southeastern Permit Coordinator
N.C. Wildlife Resources Commission
Habitat Conservation Program
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Dr. Matt Godfrey
N.C. Wildlife Resources Commission
217 Sleep Point Road
Gloucester, North Carolina 28528
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
Supervisor, Atlantic Branch
Habitat Conservation Division
Post Office Box 12559
Charleston, South Carolina 28422-2559
Ms. Georgia Cranmore
Assistant Regional Administrator
for Protected Species
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburgh, Florida 33702
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Ms. Becky Fox
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
Commanding Officer
United States Coast Guard
Marine Safety Unit Wilmington
1502 North 23rd Street
Wilmington, North Carolina 28405
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SPECIAL CONDITIONS
BALD HEAD ISLAND BEACH FILL PROJECT
SAW- 2007-2699
Revised 15 September 2009
In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of
Coastal Management consistency determination and the North Carolina Division of
Water Quality 401 Water Quality Certification number 3793 dated May 7, 2009 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 Corps civil works dredging and navigation projects. Specifically,
there shall not be any interference with the Corps maintenance dredging of the
Wilmington Harbor or federal channels in the vicinity of Bald Head Island.
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, 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.
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 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 Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
7. This permit authorizes beach fill activities to be carried out one time along the
entire project area. Any request to carry out additional maintenance beach fill activities
within the project area where nourishment activities have been completed under this
permit will require written authorization from the Corps of Engineers, Regulatory
Division.
8. 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.
9. 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 not limited to,
representatives from N.C. Division of Coastal Management, N.C. Division of Water
Quality, N.C. Wildlife Resource Commission, and U.S. Coast Guard.
10. 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).
11. 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 Regulatory Field Office, Attn: Mr. Dave Timpy, Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
12. 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 an acceptable condition.
13. The permittee shall coordinate the placement of all dredge pipeline along the
beach with the N.C. Wildlife Resources Commission.
14. All dredging and beach fill work shall be completed by March 31, 2010. Upon
completion of work, including mobilization and demobilization efforts and beach tilling
all equipment, including pipelines, must be removed from the project area by March 31St
2010.
15. The permittee shall maintain a 200-ft buffer area around anomalies JBS-05 and
JBS-11 during all dredging operations for this project. The permitttee shall conduct an
inspection of JBS-05 and JBS-11 pursuant to the letter dated October 11, 2007 by the
N.C. Department of Cultural Resources, State Historic Preservation Office.
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16. No dredged material will be placed at any time in waters outside the permitted
beach nourishment disposal area. Material will be placed on the beach via pipeline.
17. All beach fill material shall be obtained from specified areas within the Jay Bird
Shoals Borrow Area as defined in the attached plans and using a cutter-head suction
pipeline dredge. The dredging contractor shall use dredge positioning software to ensure
that no dredging occurs outside the boundaries of the approved borrow area.
18. 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 disposal 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: Mr. Dave Timpy, 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 be
notified by the permittee and/or its contractors to determine the appropriate plan of
action.
19. Immediately after completion of the sediment disposal project and prior to the
next three sea turtle nesting seasons, beach compaction shall be monitored by the
permittee and coordinated with the Corps and N.C. Wildlife Resources Commission.
Beach tilling of the compacted beach fill area shall be conducted as required to reduce the
likelihood of impacting sea turtle nesting and hatching activities.
20. Visual surveys of escarpments shall be made along the beach fill area
immediately after completion of construction, and for the three years following
completion of construction. Between April 1st and December 1St, all escarpments in the
newly placed beach fill that exceed 18 inches shall be graded to match adjacent grades on
the beach. Removal of any escarpments during the sea turtle hatching season (May 1
through November 15) shall be coordinated with the North Carolina Wildlife Resources
Commission.
21. 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.
22. The permittee shall provide written notification of project completion
immediately upon completion of the work authorized by this permit.
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23. The permittee will provide two copies of the as-built surveys of the borrow area
and beach fill areas within 30 days of project completion to the Wilmington Regulatory
Field office, Attn: Mr. Dave Timpy.
24. 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. Chris Southerly at
(910/458-9042), Fort Fisher, so that a full assessment of the artifacts can be made.
25. This Department of the Army permit does not obviate the need to obtain other
Federal, State or local authorizations required by law.
26. 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.
27. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief
Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
28. 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.
29. The permittee will comply with all U.S. Coast Guard regulations for dredging
operations. You will immediately contact Mr. Tom Flynn, U.S. Coast Guard, District 5
Waterways at [phone] or 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. You will notify our office
when this coordination with the U.S. Coast Guard has been commenced and updates will
be provided to our office.
30. 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].
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31. 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.
32. 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, shortnose 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 District Engineer will be
immediately notified so that required coordination can be initiated with the U.S. Fish and
Wildlife Service and/or National Marine Fisheries Service.
33. Routine beach surveillance will be conducted during construction to prevent
unintentional damage to sea turtles and their nesting areas. If a nest or a turtle crawl is
identified in the project area, the permittee will immediately stop all beach disposal
activities and contact the Wilmington District to determine appropriate action.
34. In the event an incidental sea turtle take occurs by a dredge, the permittee must
stop all dredging operations and contact the Wilmington District for consultation to
determine the appropriate action, including the immediate implementation of sea turtle
conservation measures that must be taken. The permittee shall immediately notify Mr.
Dave Timpy, Wilmington Regulatory Field Office, Corps Regulatory Division, by email
[e-mail] or by telephone at [phone] that an incidental
take has occurred.
35. The Permittee understands and agrees that, even where it is in full compliance
with the terms and conditions of this permit and other required authorizations, incidental
take of sea turtles or other endangered species by the permittee may require suspension of
the permit by the Corps of Engineers. The amount of incidental take that will trigger
suspension, and the need for any such suspension, shall be determined at the time in the
sole discretion of the Corps of Engineers. 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 of
Engineers shall arise as a result of such suspension or related action.
36. The permittee shall implement project monitoring in accordance with the Physical
and Biological Monitoring Plans, Appendix I, Environmental Assessment, Bald Head
Island Beach Restoration Project, dated March 30, 2009 (copy attached). A copy of the
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monitoring reports will be also sent to the National Marine Fisheries Service, Pivers
Island, Beaufort, North Carolina and N.C. Wildlife Resources Commission.
37. Should monitoring indicate that unexpected and unacceptable adverse impacts
have occurred as a result of this project, the applicant will pursue, in consultation with the
Corps and other appropriate and interested agencies, any appropriate and practicable
remedial action including consideration of compensatory mitigation.
For Activities prior to November 15, 2009
38. The staging of equipment on the beach shall not commence prior to October 15
and shall be limited to that area identified in Figures 2a and 2b of the modified request
dated August 21, 2009 for staging activities. All equipment shall be placed on the beach
perpendicular to the beach, unless approved by the NCWRC. Only equipment needed to
accomplish work prior to November 15th shall be placed in the areas shown in Figures 2a
and 2b. All other equipment shall be staged off the project area beach and as far away
from the shoreline as possible and approved by the NCWRC.
39. Dredging and the placement of sand onto the beach for nourishment activities
shall not begin prior to November 1.
40. Intense monitoring as routinely conducted by the Bald Head Conservancy during
peak summertime nesting periods shall continue within the area outlined in Figures 2a
and 2b of the modified request dated August 21, 2009 until midnight September 15. This
work should be conducted at night in a regular, routine fashion by properly trained
individuals. If newly lain nests are discovered, Conservancy personnel shall consult with
N.C. Wildlife Resources Commission and U.S. Fish and Wildlife Service staff to
determine whether the nest(s) meet the criteria for relocation.
41. All staging activities occurring prior to November 1 shall be conducted during
daylight hours only. Daily work shall only begin after an initial survey is conducted by
qualified sea turtle monitoring personnel for the presence of any nests or hatchlings.
42. During all work conducted prior to November 16, monitoring for emerging nests
or hatchlings shall be conducted prior to initiating work and regularly thereafter. During
nighttime activities occurring after November 1, this monitoring shall extend beyond the
defined project boundaries to include all areas affected by lights used in the work area.
All monitoring shall be conducted by qualified sea turtle monitoring personnel.
43. If nests or hatchlings are encountered at any time, all work must cease within 50
meters of the hatchlings and/or nest. If nest or hatchlings are within an area obstructed
by equipment or nourishment activities, hatchlings will need to be transported by
qualified Conservancy personnel to an area outside of the work boundaries and beyond
the area impacted by lights from equipment. The hatchlings should be released at least
15 ft above the current water line, and allowed to crawl to the ocean. If nest or hatchlings
6
are within an unobstructed area, no work shall be conducted within 50 meters of the
identified nest for 72 hours following the first observed emergence. After the 72 hour
time period the nest should be excavated and evaluated for success criteria; only then
may work resume within that buffer.
44. The permittee shall revise the report prepared by the Land Management Group,
Inc., entitled "Amended Essential Fish Habitat (EFH) Report" dated August 2009 to
reflect commencement of mobilization of equipment on the beach on October 15, 2009
and dredging of the approved Jay Bird Shoals borrow area on November 1, 2009. The
permittee shall submit copies of the revised EFH report to Corps of Engineers,
Wilmington District and to the National Marine Fisheries Service, Pivers Island,
Beaufort, North Carolina by October 91h, 2009.
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Beach Conditions -- Bald Head Island May 2009 aerial photography.