8-Exhibit P- Permits.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON DISTRICT

69A HAGOOD AVENUE

CHARLESTON, SC 29403-5107

June 16, 2025

Regulatory Division

Mr. Shawn Colin Town of Hilton Head Island 1 Town Center Court Hilton Head Island, South Carolina 29928 shawnc@hiltonheadislandsc.gov

Dear Mr. Colin:

Enclosed is your Department of the Army Permit SAC-2023-01324 for the project known as Pine Island Dune Restoration and Stabilization Project. It authorizes you to perform the work specified in the attached drawings. This permit is issued under provision of Federal laws for the protection and preservation of waters of the United States.

Please notify this office promptly, in writing or via email to Chelsea B. Fannin, Project Manager by email at Chelsea.B.Fannin@usace.army.mil, when you start and complete work. Be aware a special condition is included in this permit requiring a copy of the permit and drawings be available at the work site during the entire time of construction.

FOR THE CHIEF, REGULATORY DIVISION Sincerely, Erica Stone

Chief, Northeast Branch

Attachments

DA Permit SAC-2023-01324 Notice of Commencement or Completion

Refer to ENG FORM 1721, NOV 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A))

DEPARTMENT OF THE ARMY PERMIT

Permittee: Mr. Shawn Colin 1 Town Center Court Town of Hilton Head Island Hilton Head Island, SC 29928 shawnc@hiltonheadislandsc.gov

Permit No: SAC-2023-01324

Issuing Office: CHARLESTON DISTRICT

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description:

The authorized work consists of renourishing a beach and constructing breakwaters to restore and stabilize a barrier beach and dune system. In detail, the permittee is authorized to place approximately 190,000 cubic yards of beach compatible sand and to construct six rock breakwaters between Dolphin Point and Pine Island. The sand will be sourced from the 15-acre offshore borrow site at Bay Point Shoals by cutter-suction pipeline dredge. The sand will be placed along approximately 2,200 feet (14 acres) of the Port Royal Sound shoreline. The rock breakwaters will be placed along 850 feet of the restored beach and dune. The breakwaters will consist of three 185’ long rock structures with 120’ stems, one 50’ long detached breakwater, one 150’ detached breakwater and one 120’ long riprap spur. The rock breakwaters will require approximately 9,700 cubic yards (21,000 tons) of rock. The 190,000 cubic yards of sand will be placed within 13.79 acres of intertidal and subtidal and the 9,700 cubic yards of rock will be placed within

1.18 acres of intertidal and subtidal habitat. All work is to be completed in accordance with attached drawings entitled: “Town of Hilton Head Island Pine Island Dune Restoration and Stabilization Project" sheets 1 through 7, and dated February 19, 2024.

Project Location:

The project is located along the Port Royal Sound located between Dolphin Point and Pine Island on Hilton Head Island, Beaufort County, South Carolina (Latitude: 32.2682 °, Longitude: -80.7241 °).

General Permit Conditions:

1. The time limit for completing the work authorized ends on May 31, 2035. 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.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Permit Conditions:

See Appendix A, pages 5 through 10.

Further information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403)

Section 404 of the Clean Water Act (33 USC 1344)

Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 USC 1413)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume 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 activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision. The Corps may reevaluate its decision on this permit any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to:

a. Failure to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which the Corps did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by the Corps, and if you fail to comply with such directive, the Corps may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

6-16-2025

APPENDIX A

SPECIAL CONDITIONS FOR PERMIT SAC-2023-01324

a. The permittee agrees to provide all contractors associated with construction of the authorized activity a copy of the permit and drawings. A copy of the permit must be available at the construction site at all times.

b. The permittee shall submit a signed compliance certification to the Corps within 60 days following completion of the authorized work. The certification will include:

1. A copy of this permit.

2. A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions.

3. The signature of the permittee certifying the completion of the work.

c. 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 their authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps 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 or alteration.

d. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S.

e. It is recognized that this structure is to be constructed on/or adjacent to an area subject to a prism and/or disposal easement held by the United States in perpetuity in conjunction with a Congressionally authorized project for the maintenance and improvement of the Atlantic Intracoastal Waterway (AIWW). This permit does not convey any property rights either in real estate or material or any exclusive use privileges; nor does it relinquish any right the United States has for the use of its easement or the maintenance and future widening or deepening of the AIWW pursuant to its easement rights.

f. It is understood and agreed that if the District Commander determines this structure shall in any way in the future conflict with the improvement, operation, maintenance and widening or deepening of the AIWW, the owners themselves, their heirs, successors and assigns will remove said structure within 45 days from the date that written notice is given by the District Commander, and there shall be no entitlement to compensation from the United States for damage or injury.

g. Conveyance of this permit applies only to the structure authorized and does not authorize the construction of any permanent structure or any structure suitable for habitation or any utility leading either to permanent structures suitable for habitation or to permanent structures within the bounds of areas on which the Corps of Engineers enjoys easement rights.

h. The permittee agrees that no permanent structures, beyond those authorized by this document, will be placed on the prism easement or on any adjacent disposal easement without written approval of the District Commander.

i. That the Secretary of the Army, representing the United States of America, hereby consents to the herein authorized facilities or structures to be located on or across easement lands vested in the United States of America for the construction and operation of the AIWW. The permittee shall not engage in any act which may interfere with or abridge the easement interests of the United States, except those specifically authorized herein.

j. The National Ocean Service (NOS) has been notified of this authorization. The permittee must notify NOS and this office in writing, at least two weeks before beginning work and upon completion of the activity authorized by this permit.

Notification of completion must include a drawing which certifies the location and configuration of the completed activity (a certified permit drawing may be used).

Notifications to NOS will be sent to the following address: National Oceanic and Atmospheric Administration, Office of Coast Survey, Marine Chart Division, Nautical Data Branch, NCS-26, 1315 East West Highway, Silver Spring, Maryland 20910-3282, ocs.ndb@noaa.gov.

k. That the permittee must advise the District Engineer, in writing, thirty (30) days prior to commencement of the dredging activity authorized by this document.

l. That the permittee agrees to conduct the work authorized herein in a manner that will not prevent or interfere with full and free use of the adjacent or nearby navigable waters of the United States by the boating public.

m. The permittee must submit the following information to the Seventh Coast Guard

District at D07-SMB-D7-LNM@USCG.MIL for publication in the Local Notice to Mariners: 1) date of submission, 2) name, phone number, and email address of the project point of contact, 3) company name, 4) type of work, 5) waterway and location where work will be completed, 6) latitude and longitude of work area (degrees, minutes, thousandths of seconds), 7) work start and stop date, 8) hours of operation,

9) equipment on scene, 10) VHF radio channel monitored, and 11) NOAA chart number for the area.

n. That the permittee is responsible for properly installing and providing appropriate warning and marking devices to alert the boating public of any dangers (such as cables, anchors, buoys and other appurtenances) associated with the proposed dredging activity. All warning and marking devices must be marked and installed in accordance with United States Coast Guard standards.

o. That the permittee agrees to contact the Boating Division of the South Carolina

Department of Natural Resources to advise them of the place and time that the dredging activity will be occurring. The permittee will solicit any information that the Department may have on local boating traffic patterns and activities in the project area. Such information will be used to facilitate dredging plant and appurtenances setup and operation to ensure safe navigation through the area of work.

p. The permittee must have a copy of this permit available on the vessel used for the authorized transportation and disposal of dredged material.

q. That the permittee agrees to provide the Corps of Engineers bathymetric surveys of the berthing area(s). The surveys will be referenced to "Mean Low Water". This survey must be submitted within sixty (60) days of the completion of the dredging.

r. That the applicant will direct the dredging contractor to place a 200-foot buffer zone to encompass the two anomalies to protect any National Register of Historic Property eligible targets from dredging activities. If these buffer zones cannot be avoided, then additional investigations will be conducted to determine the sources of these anomalies prior to dredging. Additionally, if during dredging activities archaeological material is encountered than all activity should cease and shift away from that area and the contractors should notify the Corps, SCIAA and SHPO about the findings.

s. The possibility of encountering submerged cultural resources (i.e. materials and/or artifacts fifty years or older) is inherent in dredging, snagging operations and other bottom disturbing activities. If submerged cultural resources or materials are encountered during the operation, the permittee must immediately notify the Corps, of what has been encountered and its location, and to the maximum extent practicable, avoid activities that may affect the submerged cultural materials until the required coordination is completed. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other structural features intact or displaced.

Once reported, Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives.

t. All sand placed on the beach must be clean sand that is free from sources of contamination.

u. Once the project is initiated, it must be carried to completion in an expeditious manner in order to minimize the period of disturbance to the environment.

v. That the permittee performs all dredging and nourishment activities in accordance with the attached Biological Opinion entitled “Biological Opinion Town of Hilton Head Beach Renourishment Project FWS ECOSphere #: 2023-0091041” dated August 8, 2024, and revised on January 15, 2025, by the U.S. Fish and Wildlife Service.

w. The sand placement window will be limited to June 1- October 15 to minimize impacts to red knots as required by the USFWS BO.

x. The permittee understands and agrees that activities authorized by this Department of the Army (DA) permit must comply with the Endangered Species Act (ESA).

Specifically, all in-water work must be conducted in accordance with the terms and conditions of both the 2020 South Atlantic Regional Biological Opinion (SARBO) and

USFWS “Biological Opinion Town of Hilton Head Beach Renourishment Project FWS ECOSphere #: 2023-0091041” in order to protect and prevent potential adverse impacts to ESA-listed species and/or designated critical habitat that are known to occur in the project area.

y. The permittee understands that SARBO is a programmatic Biological Opinion and additional coordination with the U.S. Army Corps of Engineers, Charleston District (Corps or Charleston District is required prior to each dredging event so that the Corps may conduct a risk based assessment of project specific information that was not available at the time of DA permit issuance. As described in the attachments to this DA permit and SARBO, the permittee must prepare and submit a detailed, pre-construction report prior to beginning any in-water work.

z. The permittee understands and agrees that the attached checklist was developed by the Charleston District in order to help summarize and clarify the requirements of SARBO. The Corps should be notified immediately if the permittee identifies any discrepancies between the attached checklist and SARBO, so the Corps can coordinate with NMFS to clarify these discrepancies and address any outstanding issues. In all cases, the permittee must comply with the terms and conditions of SARBO in order to satisfy the requirements of the ESA.

aa. The permittee understands and agrees that the Corps is also required to conduct an annual risk-based assessment of the cumulative effect of all planned work covered by SARBO. This assessment is intended to document the effect of Federal projects, such as maintenance dredging of the Charleston Harbor navigation channel and the renourishment of Folly Beach, and numerous DA permits issued by the Charleston, Jacksonville, Savannah, and Wilmington Districts that are covered by SARBO. Any trends or lessons learned about the effect of other projects on ESA-listed species will be considered when the Corps reviews and approves the permittee’s pre-construction report.

bb. The permittee understands and agrees that SARBO includes an incidental take statement and a running three year take limit for all projects and planned work covered by SARBO. The permittee further understands and agrees that take of ESA-listed species by Federal Projects and/or other DA permitted projects covered by SARBO may require modifications to this DA permit as a result of changes to SARBO, the Charleston District’s Project Design Criteria/Construction Conditions (per Special Condition dd. below), and/or the avoidance and minimization measures, for this DA permit to comply with SARBO. Finally, the permittee understands and agrees that where a SARBO take limit for an ESA-listed species is met or exceeded during a running three year period, other projects and DA permitted projects, including the permittee pursuant to this DA permit, may be required to conduct in-water work at a different time of year (when take is less likely) or to conduct relocation trawling (to reduce the potential for additional take).

cc. Prior to each dredging and disposal event, the permittee (and their dredging contractor) shall schedule and participate in a pre-dredging conference with the Corps. The purpose of the meeting is to review the permittee’s dredging operation plan and to verify that the proposed work plan is sufficient to comply with the requirements of this DA permit and the Project Design Criteria/ Construction Conditions of the 2020 SARBO identified in Special Condition dd. below.

dd. That the permittee agrees to comply with the attached Project Design Criteria/

Construction Conditions for Dredging Projects identified with a ☒ box.

ee. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in the vicinity of the project area during construction activities, the permittee will comply with the following:

1. The permittee shall instruct all personnel associated with the project of the potential presence of and the need to avoid collisions with protected species, which may include but is not limited to West Indian manatees, Atlantic sturgeon, shortnose sturgeon, sea turtles, wood stork, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing protected species which are protected under the Marine Mammal Protection Act of 1972 and/or the Endangered Species Act of 1973.

3. Any siltation barriers used during the project shall be made of material in which protected species cannot become entangled and must be properly secured, and regularly monitored to avoid protected species entrapment.

4. All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

5. If protected species are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the protected species. These precautions shall include the operation of all moving equipment no closer than 50 feet to a protected species. Operation of any equipment closer than 50 feet to a protected species shall necessitate immediate shutdown of that equipment. Activities will not resume until the protected species, to include manatees, has departed the project area of its own volition.

6. Incidents where any individuals of sea turtles, Atlantic sturgeon, shortnose sturgeon, blue whale, fin whale, North Atlantic right whale, sei whale and sperm whale listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this DA permit shall be reported to NOAA Fisheries, Office of Protected Species at (727) 824-5312, the SCDNR Hotline at 1-800-922-5431, and the Regulatory Office of the Charleston District of the U.S. Army Corps of Engineers at (843) 329-8044. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

7. The permittee understands and agrees that all 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. Where appropriate, in water wires should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

ff. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may be in the vicinity of the project area during construction activities, to discountable and insignificant levels, the permittee will comply with the following for all projects affecting the coastal waters of South Carolina:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees.

All construction personnel MUST monitor water-related activities for the presence of manatee(s).

2. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286.

PORT ROYAL SOUND

ATLA

NTIC

O

CEAN

BAY POINT SHOALS

BORROW AREA

DHEC-OCRM P/N: HPP-KQPV-CY8N4

USACE P/N: SAC-2022-01660

SHEETS 2-5

1 f 2

PINE ISLAND

BEACH FILL AREA

-10-20

-20

-40

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CONTOUR DATUM - FT (NAVD88)

SURVEY - SEPT 2013

SCALE

0 0.5 mi 1 mi

NOT FOR PURPOSES OF CONSTRUCTION

of 71

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DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

PROJECT LOCATION

SAC-2023-01324

AutoCAD SHX Text -20

AutoCAD SHX Text -10

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FLOOD

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HILTON HEAD

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SCALE

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NOT FOR PURPOSES OF CONSTRUCTION

of 72

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DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

PROJECT LOCATION

EXISTING

REVETMENT

WALKWAY

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PARK CREEK

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SCALE

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NOT FOR PURPOSES OF CONSTRUCTION

of 73

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DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

PROJECT BEACH PLAN

EBB

FLOOD

PORT ROYAL SOUND

PINE ISLAND

TIDAL MARSH

STAGING AND ACCESS

(LIMITS TO BE FIELD

DETERMINED)

RIP-RAP BREAKWATER, TYP.

EXISTING

REVETMENT

GRADE TO MATCH

EXISTING, ELEV. VARIES

MHWL +2.82 FT

(JUNE 2023)

MLWL -3.62 FT

(JUNE 2023)

RIP-RAP SPUR

RIP-RAP BREAKWATER

W/ STEM, TYP.

SAND FILL,

TYP.

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SURVEY: JUNE 2023 AERIAL: JUNE 2023

SCALE

0 150 FT 300 FT

NOT FOR PURPOSES OF CONSTRUCTION

of 74

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DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

PROJECT FILL PLAN AND

STRUCTURE LAYOUT

EBB

FLOOD

PORT ROYAL SOUND

PINE ISLAND

TIDAL MARSH

STAGING AND ACCESS

(LIMITS TO BE FIELD

DETERMINED)

TOE OF FILL (TYP.)

SEAWARD BERM EDGE, +8.0 FT (TYP.)

LANDWARD BERM EDGE, +8.0 FT (TYP.)

LANDWARD LIMIT OF FILL (TYP), ELEV. VARIES

EXISTING

REVETMENT

GRADE TO MATCH

EXISTING, ELEV. VARIES

MHWL +2.82 FT

(JUNE 2023)

MLWL -3.62 FT

(JUNE 2023)

LANDWARD LIMIT OF FILL (TYP),

ELEV. VARIES

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BREAKWATER

HEAD, ELEV +6.0'

LANDWARD LIMIT OF

FILL, ELEV. +5.5'

MHW +2.82'

MLW -3.62'

TOE OF FILL

SECTION A-A' SECTION B-B'

SECTION C-C'

SEAWARD BERM

EDGE, ELEV +8.0'

LANDWARD LIMIT OF

FILL, ELEV. +5.5'

LANDWARD

LIMIT OF FILL

MHW +2.82'

MLW -3.62'

MHW +2.82'

MLW -3.62'

TOE OF FILL

TOE OF FILL

BREAKWATER

HEAD, ELEV +6.0'

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TEMPLATE

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ELEV +6.0'

SEAWARD BERM

EDGE, ELEV +8.0'

WIDTH VARIES (TYP.)SEAWARD BERM

EDGE, ELEV +8.0'

EXISTING BEACH

PROFILE (JUNE 2023)

EXISTING BEACH

PROFILE (JUNE 2023)

EXISTING BEACH

PROFILE (JUNE 2023)

GEOTEXTILE PRODUCT

FOUNDATION

TREATMENT, TYP.

GEOTEXTILE PRODUCT

FOUNDATION TREATMENT, TYP.

EXISTING

DUNE

SAND

FILL

SAND

FILL

SAND

FILL

EXISTING

DUNE

SURVEY: JUNE 2023 (FT, NAVD88)

NOT FOR PURPOSES OF CONSTRUCTION

of 75

ML

DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

BEACH FILL SECTIONS

NAVD88

NGVD29

MHWL

MLWL

MSL

0.00

-0.90

+2.82

-3.62

-0.30

DATUM FEET

SAC-2023-01324

-65

-60 -55

-55

-50

-50

-45

-40

-40

-40

-35

-35

-30

-30

-30

-25

-25

-25

-20

-20

-20

-20

-20

-20

-15

-15

-15

-15

-15

-15

-15

-15

-15

-15

-15

-15

-1

-10

-10

-10

-10 -10

-1

-10

-10

-10

-10

-10

-10

A B

C

D

E

F

G d d' e' e

PORT ROYAL

SOUND

-70

-60

-60

-50

-50

-4

-40

-40

-4

-40

-30

-30

-20

-20

-20

-20

-2

-20

CONTOUR DATUM - FT (NAVD88)

SURVEY: MAY/JULY 2021

SCALE

0 700 FT 1400 FT

NOT FOR PURPOSES OF CONSTRUCTION

of 76

ML

DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

BAY POINT BORROW AREA PLAN

BAYPOINT SHOALS

BORROW AREA

LIMIT, TYP (BP1)

CORNER COORDINATES OF

BORROW AREA LIMIT, TYP

LIMIT OF 2016 PERMITTED

BORROW AREA

(P/N 2014-00680-1W)

MAY/JULY 2021

SURVEY LIMIT

OCT 2013

CONTOURS ATLANTIC OCEAN

NOTE: PROPOSED BORROW AREA IS IDENTICAL TO

THAT FOR USACE P/N: SAC-2022-01660 AND

DHEC-OCRM P/N: HPP-KQPV-CY8N4

SAC-2023-01324

AutoCAD SHX Text

FLOOD

AutoCAD SHX Text

EBB

SECTION d-d' (BP1)

SECTION e-e' (BP1)

EXCAVATION AREA

EXISTING SEABED

(MAY/JULY 2021 SURVEY)

EXCAVATION AREA

EXISTING SEABED

(MAY/JULY 2021 SURVEY)

MLW = -3.62 FT

2,000

-20

2,000

-30

-10

EL

EV

AT

IO

N (F

EE

T-

N

AV

D

DISTANCE (FEET)

-40

0 1,000 3,000 4,000

-30

-10

DISTANCE (FEET)

0 1,000 4,0003,000 5,000 6,000

EL

EV

AT

IO

N (F

EE

T-

N

AV

D

-40

-20

BORROW AREA LIMIT

BORROW AREA LIMIT

DESIGN ALLOWABLE

OVERDREDGE DEPTH

(ELEV=-33.0FT)

DESIGN

EXCAVATION

DEPTH

(ELEV=-31.0FT)

DESIGN ALLOWABLE

OVERDREDGE DEPTH

(ELEV=-33.0FT)

DESIGN

EXCAVATION

DEPTH

(ELEV=-31.0FT)

MLW = -3.62 FT

SURVEY: MAY/JULY 2021 (FT, NAVD88)

NOT FOR PURPOSES OF CONSTRUCTION

of 77

ML

DRAWN BY:

02/19/2024

SHEET

associates, inc.

2618 Herschel Street Jacksonville, FL. 32204 olsen

(904) 387-6114 COA No. C00530

DATE:REVTOWN OF HILTON HEAD ISLAND

PINE ISLAND DUNE RESTORATION AND

STABILIZATION PROJECT

BAY POINT BORROW AREA SECTIONS

NAVD88

NGVD29

MHWL

MLWL

MSL

0.00

-0.90

+2.82

-3.62

-0.30

DATUM FEET

SAC-2023-01324

SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL SERVICES

BUREAU OF COASTAL MANAGEMENT

CRITICAL AREA PERMIT & COASTAL ZONE CONSISTENCY CERTIFICATION

Permittee(s): Town of Hilton Head Island

SEE SPECIAL

CONDITION(S)

Permit Number(s): 2023-01324

Date of Issuance: April 25, 2025

Expiration Date: April 25, 2030

Location: On and adjacent to Port Royal Sound at the Pine Island Isthmus adjacent to Surrey Lane, Hilton Head, Beaufort County, South Carolina

This permit is issued under the provisions of S. C. Code Ann. Section 48-39-10, et seq., and 23A s.c. Code Ann. Regs. 30-1 through 30-18, as amended. Please carefully read the project description and special conditions that appear on this permiUcertification as they will affect the work that is allowed and may modify the work from that shown on the submitted plans. All special conditions attached to the permit will take precedent over submitted plans. The general conditions are also a part of this permiUcertification and should be read in their entirety. The S. C. Contractor's

Licensing Act of 1999, enacted as S.C. Code Ann. Section 40-11-5 through 430, requires that all construction with a total cost of $5,000 or more be performed by a licensed contractor with a valid contractor's license for marine class construction, except for construction performed by a private landowner for strictly private purposes. Your signature on and acceptance of this permit denotes your understanding of the stated law regarding use of licensed contractors. All listed special and general conditions will remain in effect for the life of the permit. This applies to permittee, future property owners, or permit assignees.

DESCRIPTION OF THE PROJECT, AS AUTHORIZED

The plans submitted by you, attached hereto, show the work consists of the following: renourishing a beach and constructing breakwaters to restore and stabilize a barrier beach and dune system. In detail, the applicant proposes to place approximately 190,000 cubic yards of beach compatible sand and to construct six rock breakwaters between

Dolphin Point and Pine Island. The sand will be sourced from the 15-acre offshore borrow site at Bay Point Shoals by cutter-suction pipeline dredge. The sand will be placed along approximately 2,200 feet (14 acres) of the Port Royal Sound shoreline. Placed sand will be shaped into a typical beach fill construction berm configuration with an upland tie in at approximately +5.5 ft {NAVD88), and a maximum crest elevation generally equivalent to the adjacent ambient beach elevations at +8 ft (NAVD88). Berm widths will vary. The landward and seaward slopes of the constructed berm will have a consistent and uniform initial slope of 1V:1 OH {vertical:horizontal). Beach fill will be placed prior to construction of the rock breakwaters. The rock breakwaters will be placed along 850 feet of the restored beach and dune. The breakwaters will consist of three 185' long rock structures with 120' stems, one 50' long detached breakwater, one 150' long detached breakwater and one 120' long riprap spur. The rock breakwaters will require approximately 9,700 cubic yards {21,000 tons) of rock.

SPECIAL CONDITIONS

1. The Reasonable and Prudent Measures, Terms and Conditions, and Monitoring and Reporting Requirements identified by the U.S. Fish and Wildlife Service in its Biological and Conference Opinion, including the amended

Biological and Conference Opinion dated January 15, 2025, must be adhered to, as shown in Attachments A & B.

2. The beach renourishment construction window will be limited to June 1 - October 15 to minimize impacts to red knots as required by the USFWS BO/CO.

3. Sand fencing and dune vegetation that is installed must be consistent with the SC Critical Area Permitting Regulations in S.C. Code Ann. Regs. 30-13(L) and in accordance with the attached diagram (Attachment C).

4. Sand used must consist of appropriate grain sizes, quality, and color to be compatible for beach renourishment. If muddy sediments or excessively coarse sediments (rocks, large shell fragments, etc.) are observed while sand is being placed on the beach, dredging of that portion of the borrow area must be terminated immediately and the dredge must be moved to another location.

5. Qualified personnel, under the direction of a registered professional geologist or registered professional engineer, must be present on the beach during sand pumping activities to monitor the sediment quality and correlate it with borrow area conditions.

6. If accumulations of mud rollers or coarse sediments (rocks, large shell fragments, etc.) exceed the equivalent of one 15-cubic yard dump truck per 100 linear feet of beach, the material must be removed from the beach using hand labor or a beach-sweeping device as soon as practicable upon completion of the section or upon completion of the project.

7. The breakwaters must be installed as expeditiously as possible from the beach renourishment, so that a volume of sand greater than the trapping capacity of the groins/breakwaters is added to the beach as described in the permit application. A construction schedule detailing the anticipated start times and durations for both the beach renourishment and breakwater installation must be provided to the Department prior to initiating construction.

8. The Town of Hilton Head has demonstrated their financial commitment through the Beach Preservation Fee established by Ordinance 93-32 and Disaster Reserve Fund established by Ordinance 2006-16 and has adequate funds set aside in the event that complete removal and disposal of the breakwaters is required as result of storm damage or abandonment. Additionally, there must also be adequate funds in the event that remedial steps must be taken to alleviate any adverse effects on adjacent areas caused by the installation of the breakwaters. These remedial steps may include redesign and reconfiguration of the structures or even complete removal.

9. No dredging should occur within 400 feet of hardbottom habitat that may be present within the borrow areas.

10. Within the borrow areas, the contractor must begin dredge operations at the outer edges of higher elevation mounds of suitable material and proceed inwards rather than dig deep pits in the center of the borrow area whenever possible.

11. The permittee shall perform monitoring of the project and borrow sites, and monitoring reports shall be submitted to SCDES-BCM and USACE according to the schedule described in Special Condition # 12.

The monitoring will include the following:

a. Beach profile (topographic) surveys shall be performed at the Town’s existing network of beach monitoring stations. Post-construction surveys shall compare beach volumes and contour positions to before-and-after project conditions to document beach volume changes and identify any erosion hotspots.

b. Beach sediment samples shall be collected at representative locations within each sand placement area. Samples from each station shall be taken using a push core at the toe of the dune, crest of the berm, mid beach face, and shallow underwater zone. Samples shall be dried and tested for grain size distribution and shell content.

c. Aerial photographs of the sand placement areas shall be collected.

d. Compaction of the renourished beach shall be monitored as described in the USFWS BO/CO.

e. Escarpment formation along the renourished beach shall be monitored as described in the USFWS

BO/CO

SEE SPECIAL

CONDITION(S) 2

12. The corresponding surveys and monitoring reports shall be performed on the following schedule:

a. Beach profile (topographic) surveys – Performed pre-project within 90 days, post-project within 30 days, and then performed annually for 3 years from the post-project survey date.

b. Beach sediment samples – Collected pre-project and post-project within 30 days.

c. Aerial photographs – Performed pre-project within 90 days, post-project within 30 days, and then performed annually for 3 years from the post-project flight date.

d. Compaction – Performed post-project within 30 days, and then performed within 30 days prior to May 1 for three subsequent years unless compaction results are within the native beach range after the first subsequent year.

e. Escarpment formation monitoring – Performed post-project within 30 days, and then performed within

30 days prior to May 1 for three subsequent years if sand in the project area still remains on the dry beach.

13. All annual monitoring reports shall be submitted to USACE and SCDES-BCM within 90 days of data collection. The pre-project and baseline reports shall be submitted within 90 days of construction completion. Additionally, all pre-project, baseline, and annual monitoring reports shall be submitted as a standalone report under a separate cover. In addition to the required information for the baseline monitoring, the report should establish a comparison table in an appendix to be utilized for all subsequent annual reports to provide a straightforward comparison of all monitoring data. The monitoring reports must contain the following information at a minimum as shown in Table 1 below.

14. Once the project has initiated it must be carried to completion in an expeditious manner in order to minimize the period of disturbance to the environment.

15. All necessary measures must be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent waters or wetlands during construction.

16. The permittee is responsible for restoring adjacent or downdrift properties or critical areas if documented negative impacts are proven to the satisfaction of the Department and supported by substantial evidence to be a direct result of the renourishment project.

17. For work conducted during the sea turtle nesting season (May 1st – October 31st), the permittee must monitor daily sea turtle activity each morning prior to work being performed on the beach. The permittee may be able to utilize volunteers from the SCDNR Marine Turtle Conservation Program to fulfill this requirement. If not, they must hire an environmental practitioner/consultant to do so. Regardless, a permit for monitoring for the purposes of avoiding and minimizing impacts to sea turtles associated with the proposed project must be acquired from SCDNR. Please visit the following link and choose Monitoring Permit:

https://www.dnr.sc.gov/seaturtle/permit.htm. All nesting activity (evidence of successful nesting and false crawls) must be documented daily with GPS coordinates and photos. Any successful nests will need to be marked and all construction activities must avoid impacts to the nest and future hatchlings (e.g., do not place any obstacles, construction equipment, etc. in their pathway to access the ocean upon hatching). Should a nest be built within the construction footprint, please contact the SCDNR Marine Turtle Conservation Program Coordinator, Michelle

Pate 843-384-0605 (cell) or 843-953-9052 (office). In the event a nest is disturbed during construction and/or an adult sea turtle or hatchling is encountered, all work must cease and the SCDNR Marine Turtle Conservation

Program Coordinator should be contacted immediately.

18. During sea turtle nesting season, construction equipment and materials for project construction must be stored in a manner that will minimize impacts to sea turtles to the maximum extent practicable.

19. The permittee must hire monitors with sea turtle experience to patrol the beach at night in the project area if nighttime construction activities and equipment operation occur during the nesting season.

20. Appropriate measures must be taken to protect the integrity of roosting, feeding, and beach-nesting birds, with particular emphasis, but not limited to Piping Plovers and Red Knots during the course of the project and while conducting post-construction practices within the beaches or beach/dune system critical areas regarding compaction testing and tilling, escarpment remediation, sand fencing, and vegetation installation. Questions about minimizing disturbance to these species should be directed to the South Carolina Field Office of the U.S.

Fish & Wildlife Service (USFWS) at 843-727-4707.

21. The applicant will implement the following Standard Manatee Construction Conditions:

a. The permittee shall instruct all personnel associated with the project of the project of the potential presence of manatees and the need to avoid collision with manatees. All construction personnel must monitor water-related activities for the presence of manatee(s) during May 1 – November 15.

Construction personnel are requested to monitor outside of that timeframe as manatees may be in the area before or after the above dates.

b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.

c. Any siltation barriers used during the project shall be made of material in which manatees cannot become entangled and must be properly secured, and regularly monitored to avoid manatee entrapment.

d. All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e) If manatee(s) are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition.

https://www.dnr.sc.gov/seaturtle/permit.htm

e. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taunt, 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. Where appropriate, in water wires, cables, should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of passing manatees.

f. Any collision with and/or injury to a manatee shall reported immediately to the U.S. Fish and Wildlife

Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext. 205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286.

Reports to injured manatees may also be reported to the SCDNR at (800) 922-5431.

22. An as-built survey of the new breakwaters must be submitted to SCDES-BCM within 90 days from completion of construction. The survey must be performed by a registered land surveyor, must show all components of the breakwaters, and must list the starting and ending coordinates of the breakwaters in the SC State Plane

Coordinate System, which can be obtained by survey-grade Global Positioning System equipment.

23. In the event that any historic or cultural resources and/or archaeological materials are found during the course of work, the applicant must notify the State Historic Preservation Office and the South Carolina Institute of

Archaeology and Anthropology. Historic or cultural resources consist of those sites listed in the National Register of Historic Places and those sites that are eligible for the National Register. Archaeological materials consist of any items, fifty years old or older, which were made or used by man. These items include, but are not limited to, stone projectile points (arrowheads), ceramic sherds, bricks, worked wood, bone and stone, metal and glass objects, and human skeletal materials.

PERMITTEE’S ATTENTION IS DIRECTED TO GENERAL CONDITIONS NUMBERS FOUR (4) AND FIVE (5). BY ACCEPTANCE OF

THIS PERMIT, PERMITTEE IS PLACED ON NOTICE THAT THE STATE OF SOUTH CAROLINA, BY ISSUING THIS PERMIT, DOES

NOT WAIVE ITS RIGHTS TO REQUIRE PAYMENT OF A REASONABLE FEE FOR USE OF STATE LANDS AT A FUTURE DATE IF SO

DIRECTED BY STATUTE.

THE PERMITTEE, BY ACCEPTANCE OF THIS PERMIT AGREES TO ABIDE BY THE TERMS AND CONDITIONS CONTAINED

HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ATTACHED HERETO

AND MADE A PART HEREOF. ANY DEVIATION FROM THESE CONDITIONS, TERMS, PLANS AND SPECIFICATIONS SHALL BE

GROUNDS FOR REVOCATION, SUSPENSION OR MODIFICATION OF THIS PERMIT AND THE INSTITUTION OF SUCH LEGAL

PROCEEDINGS AS THE DEPARTMENT MAY CONSIDER APPROPRIATE.

Permit Number: 2023-01324

Your signature below, as permittee, indicates that you accept and agree to…