K_CMMC Permit.pdf

DEPARTMENT OF THE ARMY

CHARLESTON DISTRICT, CORPS OF ENGINEERS

69A HAGOOD AVENUE

CHARLESTON, SOUTH CAROLINA 29403-5107

Regulatory Division

Mr. Lee Fleming

CMMC, LLC

1670 Drydock Avenue North Charleston, SC 29405 lee@navyyard.com

Dear Mr. Fleming:

Enclosed is your Department of the Army Permit #SAC-2019-01114. 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@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.

Sincerely, Travis G. Hughes Chief, Regulatory Division

Attachments DA Permit SAC-2019-01114 Notice of Commencement or Completion

Digitally signed by COLLER-

SOCHA.ROBIN.DALE.1229833878

Date: 2020.07.10 12:47:20 -04'00'

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ACCOMPANYING AMENDMENT 01 (AM#01)

Refer to ENG FORM 1721, NOV 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A))

DEPARTMENT OF THE ARMY PERMIT

Permitee: Mr. Lee Fleming CMMC, LLC 1670 Drydock Avenue North Charleston, SC 29405 lee@navyyard.com

Permit No: SAC-2019-01114

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 performing maintenance dredging of nine berthing areas (Piers C, D, F, G, H, J, S, T, and U) operated by CMMC, LLC. In detail, the permittee is authorized under a ten-year maintenance permit to dredge using a hydraulic cutterhead dredge or a mechanical dredge with an environmental clamshell bucket. When hydraulically dredging, the material would be transported via pipeline to the Clouter Island Dredge Material Placement Facility (DMPF). When mechanical dredging, the material would be placed into a scow and transported to the Clouter Island DMPF, where the sediment would be liquefied by adding water and the resultant slurry would be pumped into the DMPF. The applicant is authorized to dredge to approximately 200,000- 400,000 cubic yards annually to a depth of -38’ MLW plus 2’ allowable overdepth. If all areas were dredged annually, the anticipated dredge volume would be approximately 4,000,000 cubic yards over a 10 year period. All work is to be completed in accordance with attached drawings entitled: “Proposed: Berth Maintenance Dredging", sheets 1 through 23, and dated May , 20 .

Project Location:

The project is located along 6,500 linear feet of the Cooper River at Piers C, D, F, G, H, J, S, T, and U at the CMMC facility (former Charleston Navy Complex) in North Charleston, Charleston County, South Carolina (Latitude: 32.8611 °, Longitude: -79.9614 °).

General Permit Conditions:

1. The time limit for completing the work authorized ends on June 30, 2030. 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

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ATTACHMENT K

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 9.

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)

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.

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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.

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Digitally signed by COLLER-

SOCHA.ROBIN.DALE.1229833

Date: 2020.07.10 12:43:51 -04'00' 7/10/20

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APPENDIX A

SPECIAL CONDITIONS FOR PERMIT SAC-2019-01114

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. Approval of this permit provides Federal authorization to conduct maintenance dredging for a period of ten years from the date of issuance provided all other special conditions are complied with.

d. 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 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.

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

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

g. 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.

h. It is recognized that this dredging 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 Charleston Upper Harbor Federal Navigation Channel. 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 Charleston Upper Harbor Federal Navigation Channel pursuant to its easement rights.

i. The permittee agrees that no permanent structures, beyond the dredging authorized by this

K-6 document, will be placed on the prism easement or on any adjacent disposal easement without written approval of the District Commander.

j. That the Secretary of the Army, representing the United States of America, hereby consents to the herein authorized dredging. 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.

k. That the permittee must contact the United States Coast Guard to ascertain and assist in the issuance of a Notice to Mariners advising the boating public of the place and time that the dredging activity will be occurring.

l. 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.

m. 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 insure safe navigation through the area of work.

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

o. That the permittee insures that the contractor is aware that it is the expectation of this office that environmentally responsible dredging take place at all times. It is also a requirement of this permit that the disposal site have on-site inspector monitoring the disposal site and outfall 24 hours per day throughout the dredging activity to ensure that the disposal site and outfall are properly maintained. It is noted that increased turbidity will occur with heavy overflow from the disposal area that contains high levels of suspended solids. Therefore, it is essential that care and diligence is taken to assure that the disposal area embankments are not breached, material overflow does not occur, and the spillway is properly and carefully maintained. The material should be pumped into the disposal area at such a rate as to allow settling at the spillway thereby minimizing suspended solids. The contractor is NOT allowed to pump into the disposal area whereby the effluent from the disposal area is mud or water with high levels of suspended solids. If this occurs the inspector should require that dredging operations halt immediately, take pictures immediately of the area in the immediate vicinity of the discharge pipe, and contact this office immediately.

p. All dredged material must be discharged and properly contained in the designated upland disposal area.

q. That the permittee only use an upland CDF where the dikes are intact preventing open tidal exchange.

r. No placement or stockpiling of dredged material in Waters of the U.S. (double handling) is authorized.

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

t. Prior to dredging each year, the permittee must obtain a Memorandum of Agreement (MOA) from the U.S. Army Corps of Engineers, prepared by the Navigation Branch, Charleston District, which establishes the rate for which material placement will be charged. Three months prior to the anticipated use of the disposal area, the permittee shall advise the Navigation Project Manager, Civil Works Project Management Division, U. S. Army Corps of Engineers, 69A Hagood Avenue, Charleston, South Carolina 29403-5107, in writing, of the anticipated use of the area, the estimated yardage to be disposed of and a check or money order made payable to the Charleston District Finance and Accounting Officer for the amount necessary to cover the estimated yardage using the rate specified in the MOA. A Consent and/or License Instrument will be prepared by the Real Estate Division, Savannah District specifically referred to and defined in the paragraph below. The permittee's discharge shall not interfere with any on-going work, dredging, diking or dewatering within the proposed disposal area. Hence, the Government reserves the right to temporarily deny the use of the area, specify the location of the discharge line or whatever it deems necessary to protect the Government's interest.

u. The permittee recognizes that this permit does not convey any real estate interests AND THAT PRIOR to further use of the disposal area authorized by this document a Memorandum of Agreement and Consent/License Instrument addressing and defining the Governments interests in the disposal area must be executed with the U.S. Army Corps of Engineers.

v. That the permittee acknowledges that failure to substantially comply with the provisions cited above will render this permit null and void.

w. That the permittee agrees to comply with the attached Project Design Criteria/ Construction Conditions for Dredging Projects identified with a box.

x. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in 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.

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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.

y. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may enter the project area during construction activities performed outside the winter months (November thru April), 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) 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.

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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.

z. The permittee understands and agrees to provide for and/or obtain mosquito control efforts, including inspections and product application, for the use of the proposed disposal area.

Agreements/coordination regarding these inspections and product application must be finalized with Charleston County officials prior to commencement of dredging. A copy of the final agreement shall be provided to the Corps prior to commencement of dredging.

aa. The permittee shall notify the Charleston County Mosquito Control Program (CCMCP) within 24 hours of the start of placement of dredged material on the confined disposal facility.

bb. 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.

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SITE

SITE

C D

F

G H J

S T U

05/06/2020

SAC-2019-01114

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AREAS TO BE

DREDGED

COOPER RIVER

C D

F

G

H J

S T

U

NAVY YARD REACH

CLOUTER CREEK REACH

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C

D

F

G

H

J

COOPER RIVER

NAVY YARD REACH

CLOUTER CREEK REACH

EDGE OF

FEDERAL CHANNEL

EDGE OF

FEDERAL CHANNEL

N=377853.95 E=2318187.75

N=376494.54 E=2318957.21

N=374296.81 2321072.46

N=373861.00

E=2322099.67AREA TO BE

DREDGED

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S T

U

COOPER RIVER

DANIEL ISLAND BEND

CLOUTER CREEK REACH

EDGE OF

FEDERAL CHANNEL

AREA TO BE

DREDGED

N=372296.06 E=2325788.28

N=371678.81 E=2327243.16 N=371410.63

E=2327416.14

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CLOUTER

ISLAND

DMPF

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Project Design Criteria/Construction Conditions for Dredging Projects 2020 South Atlantic Regional Biological Opinion (SARBO)

SAC-2019-01114 CMMC, LLC Maintenance Dredging

The USACE has reviewed the SARBO and determined that the project meets the terms and conditions of the SARBO, with the inclusion of all relevant Project Design Criteria (PDC). Thereby, the permittee shall comply with the following checked ( ) protected species PDC/construction conditions:

A. Standard/General PDCs.

The following standard conditions are applicable for ALL dredging activities regarding the educations and observation of the project:

EDUCATE.1: The permittee must ensure that all personnel associated with the authorized project are instructed about the potential presence of species protected under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) and the appropriate protocols if they are encountered including those in the Protected Species Observer (PSO) PDCs in Attachment 1.

EDUCATE.2: The permittee understands that all on-site project personnel are responsible for observing water-related activities for the presence of ESA-listed species.

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

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

The permittee will comply will all applicable Observing and Reporting PDCs in

Attachment 1.

The following reporting conditions are applicable for ALL dredging activities. All reporting requirements should be provided digitally to the USACE Project Manager and NMFS (SERODredge@noaa.gov).

The permittee will notify the USACE Project Manager and NMFS at least 2 weeks prior to construction of any project covered under this Opinion. Attachment 3 should be utilized to report all project data.

All lethal and nonlethal take associated with a project covered under this opinion will be reported within 48 hours. Attachment 3 should be utilized to report any project related takes.

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All observations of North Atlantic right whales observed while completing the project will be reported within 24 hours of the observation. Detailed reporting information can be found at:

http://sero.nmfs.noaa.gov/protected_resources/right_whale/seus_sightings/index.html

The permittee will provide a post-construction report (Attachment 3) within 30 days of completion of the project.

B. All In-water dredging activities and material placement:

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

(i) Sand placed on the beach or in the nearshore littoral areas will be placed in a manner that does not create mounds or berms that could prevent nesting sea turtles or hatchings from entering or exiting the beach from nearshore waters.

(ii) All placement, including ODMDS placement, will not create an obstruction of species movement in the area (e.g., does not create a mound that would deter or prevent species from moving through the area).

INWATER.2 - Equipment placement: Equipment will be staged, placed, and moved in areas and ways that minimize effects to species and resources in the area, to the maximum extent possible. Specifically:

(i) All vessels will preferentially follow deep-water routes (e.g., marked channels) to avoid potential groundings or damaging bottom resources whenever possible and practicable.

(ii) If barges, scows, and other similar support equipment are used, they will be positioned away from areas with sensitive bottom resources such as non-ESA-listed seagrasses, corals, and hardbottom, to the maximum extent possible.

(iii) If pipelines are used, they will be placed in areas away from bottom resources and of sufficient size or weight to prevent movement or anchored to prevent movement or the pipeline will be floated over sensitive areas.

INWATER.3 - Turbidity control: All work that may generate turbidity will be completed in a way that minimizes the risk of turbidity and sedimentation reaching non-mobile ESA-listed species (i.e., ESA listed corals and Johnson’s seagrasses) as well as other non- ESA-listed non-mobile species (e.g., non-ESA-listed corals, sponges, and other natural resources) to the maximum extent practicable. This may include selecting equipment

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Refer to Special Condition(s) of the Department of the Army (DA) permit for additional requirements.

INWATER.4 - Turbidity curtains: Turbidity curtains may be used to maintain water quality standards where appropriate and practicable with consideration given to ambient turbidity and if the curtains are practical based on current, wave action, or other factors.

Refer to Special Condition(s) of the Department of the Army (DA) permit for additional requirements.

(i) If turbidity curtains are used, barriers will be positioned in a way that does not block species’ entry to or exit from designated critical habitat and does not entrap species within the construction area or block access for them to navigate around the construction area.

(ii) Project personnel must take measures to monitor for entrapped species in areas contained by turbidity curtains and allow access for them to escape if spotted.

(iii) Beach nourishment projects will be designed to minimize turbidity in nearshore waters by using methods that promote settlement before water returns to the water body (i.e., shore parallel dikes). Turbidity and marine sedimentation will be further controlled using land-based erosion and sediment control measures to the maximum extent practicable. Land-based erosion and sediment control measures will (1) be inspected regularly to remove excess material that could be an entanglement risk, (2) be removed promptly upon project completion, (3) and will not block entry to or exit from designated critical habitat for ESA-listed species.

INWATER.5 - Entanglement: If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup buoy lines, or for turbidity curtains):

(i) In-water lines (rope, chain, and cable) will be stiff, taut, non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all instances, no excess line is allowed in the water.

(ii) All lines or cables will be immediately removed upon project completion.

(iii) All in-water line and materials will be monitored regularly to ensure nothing has become entangled.

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(iv) Cables or lines with loops used to move pipelines or buoys will not be left in the water unattended.

INWATER.7: Dredging or material placement in areas not previously used for dredging or placement, which are now authorized for borrow sites, side-cast dredging, beach nourishment, nearshore placement associated with beach nourishment, must comply with the following conditions:

(i) Within sturgeon rivers, additional PDCs apply to these activities, as outlined in

Section E below.

(ii) Within 400 ft of any significant non-coral hardbottom areas or bottom structures that serve as attractants to sea turtles for foraging or shelter, the permittee will identify any non-coral hardbottom prior to commencing work to ensure that all sand removal projects provide a 400 ft buffer from all equipment.

(a) For the purposes of this authorization and coverage under the SARBO, significant non-coral hardbottom are defined to be an area with a horizontal distance of 150 ft that has an average elevation above the sand of 1.5 ft or greater and has algae growing on it.

(b) Walls of federally-maintained navigation channels (i.e., jetties and other such man-made structures) are not considered hardbottom for the purpose of the

SARBO.

INWATER.8: Lighting near sea turtle nesting beaches:

(i) For dredges and any support vessels operating at night in front of nesting beaches, lighting will be limited to the minimal lighting necessary to comply with U.S. Coast Guard and Occupational Safety and Health Administration requirements (most up-to-date version of Engineering Manual 385-1-1).

(ii) Lighting associated with beach nourishment construction activities will be minimized through reduction, shielding, lowering, and/or use of turtle friendly lights, to the extent practicable without compromising safety, to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches.

(iii) As technology changes, so do turtle friendly lighting options. New information/technology should be used as soon as published guidance for types of appropriate lights and appropriate shielding and positioning of lights is available that is protective of sea turtles (e.g., those outlined by the Florida Fish

K-71 and Wildlife Conservation Commission’s website http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/).

C. Geophysical and Geotechnical (G&G) Surveys/ Activities:

GG.1: For geotechnical surveys, the vibrahead will not be operated until the vibracore platform makes contact with the seabed and core barrel makes contact with the seafloor.

The vibrahead shall not be operated when vibracore platform is being retrieved.

GG.2: No geophysical surveys will occur at night or during periods of low visibility.

GG.3: The minimum number of geophysical sources possible will be used to obtain the necessary geophysical data and the acoustic source will be deactivated when not acquiring data or preparing to acquire data, except as necessary for testing.

GG.4: Only electromechanical sources will be used during geophysical surveys.

Electromechanical sources will be limited to boomers, chirp sub-bottom profilers, side-scan sonars, and single beam, interferometric, or multibeam depth sounders.

(i) Survey equipment will be operated at the lowest power setting, narrowest beamwidth, and highest frequency possible to fulfill data needs and to effectively reduce exposure and received sound levels.

(ii) Boomers and chirp sub-bottom profilers must be operated below 205 dB re 1 (rms).

(iii) Side-scan sonars, single beam, interferometric, and multibeam depth sounders will be operated above 160 kHz.

(iv) No airguns or other deep-penetrating geophysical instruments are allowed.

GG.5: Sturgeon Rivers: Geophysical surveys will not occur upstream of the upper river limits of sturgeon rivers as defined in the table below.

GG.6: ESA-listed whales: Between November 1st and April 30th, no geophysical surveys will be conducted that operate between 10 Hz-22 kHz where North Atlantic right whales may be present.

GG.7: Geophysical surveys will cease operations if an ESA-listed whale is observed within 500 yards (460 m) of the active geophysical survey equipment. Subsequent restart of the equipment will only occur once all ESA-listed whales are more than 500 yards away from – or have not been observed or detected within 500 yards of – the equipment for a minimum of 30 minutes. If an ESA-listed whale is observed, a detailed observation will be provided to the Corps and NMFS within 24 hours including:

(i) All species observed, highlighting ESA-listed species

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(ii) Activity of vessel when sighting occurred (e.g., survey vessel movement details such as speed and direction and survey equipment in use at the time)

(iii) State if work ceased when a species was observed.

(iv) Species and certainty of identification (i.e., positive identification, most likely, best guess)

(v) Photograph of the animal for identification, if possible

(vi) Total number of animals

(vii) Number of calves and juveniles (if applicable/distinguishable)

(viii) Description (as many distinguishing features as possible) of each individual seen, including length, shape, color and pattern, scars or marks, shape and size of dorsal fin, shape of head, and blow characteristics

(ix) Direction of animal’s travel relative to the vessel (drawing preferable); and

(x) Behavior (as explicit and detailed as possible; note any observed changes in behavior).

D. Equipment Specific PDCs

1. Hopper Dredge Requirements:

HOPPER.1: During all hopper dredging operations, NMFS-approved Protected Species Observers (PSOs) will monitor for the presence of ESA-listed species (see PDCs in Attachment 1). The dredge operator will maintain a safe working environment for the PSO to access and effectively monitor inflow screening, overflow screening, and dragheads for incidental take of ESA-listed species and associated bycatch after every load. All new hopper dredge vessels or modifications made to existing vessels must be designed to allow safe access to and/or visibility of all collected material in both the inflow box and overflow screening areas so that the PSO is able to inspect the contents after every load for evidence of ESA-listed species. The appointed contact (e.g., Quality Assurance Representative or the Contractor) will immediately notify the USACE who will notify the SARBO Team if conditions limit the ability to safely monitor dredging operations.

Draghead Observation: Upon completion of each load cycle, dragheads will be monitored as the draghead is lifted from the sea floor and placed on the saddle in order to assure that ESA-listed species that may be impinged within the draghead are observed and accounted for. The PSO, or designated dredge crew member under the guidance and supervision of the PSO when safety is of concern, must physically inspect dragheads for evidence of ESA-listed species take after every load.

Inflow Screening Observation:

(i) Inflow screening must be designed to capture and retain material for the PSO to monitor for the presence of ESA-listed species. The screened area must

K-73 be accessible to the PSO to ensure 100% observer coverage. The PSO must inspect the contents of all inflow screening boxes after every load, including opening the box (where applicable and safely accessible) and looking inside at all contents for evidence of ESA-listed species entrainment. If the contents are not clearly visible and identifiable from a location outside of the box, then in limited instances, the PSO may be required to enter the inflow box to identify contents for evidence of ESA-listed species take.

(ii) All hopper dredges are required to have 100% inflow screening unless they must be removed for safety due to clogging as outlined below.

Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the inflow for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. Scenarios that may result in the clogging of inflow and overflow screens are dredge and project specific.

All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE project managers, and NMFS. The USACE will provide NMFS with a notification when screen sizes are increased or inflow screens are removed that will include an explanation of what attempts were made to reduce the clogging problem, how long the problem may persist, and how effective overflow screening will be achieved.

If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to clogging, the USACE will continue to re-evaluate the risk of clogging on a load by load basis and the inflow screens will be reinstated when clogging is no longer occurring. The USACE will track the number of loads that inflow screens were removed as part of the reporting requirements.

(iii) Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to inspection by the PSO for evidence of ESA-listed take.

(iv) If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or flushed unless overflow screening that captures contents for observation by the PSO is operational and monitored for evidence of take.

Once overflow screening is operational, PSOs shall also visually monitor box contents as they are dumped or flushed into the hopper.

Overflow Screening Observations:

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All hopper dredges are recommended to have operational overflow screening and monitor for take after each load. Overflow screening is required to be installed and monitored after each load if the inflow screening is removed or bypassed due to clogging.

Overflow screening must be designed to capture and retain material larger than the screen size for the PSO to monitor for the presence of ESA-listed species. The screened area must be accessible to the PSO to inspect for evidence of ESA-listed species take.

Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging reduces the ability for the PSO to monitor the screen for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. All modifications will be made in close coordination with the dredging contractor, PSO, appropriate USACE project managers, and NMFS. If screen sizes are increased due to clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch) when clogging is no longer occurring.

HOPPER.2: To prevent impingement or entrainment of ESA-listed species within the water column, dredging pumps will be disengaged by the operator when the dragheads are not actively dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging.

Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged, but result in no suction passing through the draghead. This dredge modification (when employed) is commonly referred to as a turtle bypass valve. This precaution is especially important during the cleanup phase of navigation dredging operations to remove remaining high spots or when a shallow veneer of compatible sediment remains within a borrow area; thus limiting overdepth dredging and plowing efficacy of the turtle deflector. In these example circumstances, the draghead may frequently come off the bottom and can suck in turtles/sturgeon resting or foraging in shallow depressions.

HOPPER.3: Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pumpout area. The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable.

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HOPPER.4: All waterport or other openings on the hopper dredge are required to be screened to prevent ESA-listed species from entering the dredge.

HOPPER.5: A state-of-the-art solid-faced deflector that is attached to the draghead must be used on all hopper dredges at all times.

2. Munitions and Explosives (MEC) / Unexploded Ordinance (USO) Screening on a Draghead Requirements:

MEC.2: The PSO will be required to inspect the draghead MEC screens after every load to verify that no ESA-listed species are impinged on the screening.

MEC.3: If MEC screening is used on a beach nourishment outflow, screening will be monitored and USACE will be notified of any potential ESA-listed species takes identified in the beach outflow screening box.

3. Cutterhead Dredge Requirements:

CUTTER.1: The cutterhead will not be engaged/turned on when not embedded in the sediment, to the maximum extent possible.

** If utilizing a Cutterhead dredge in Sturgeon habitat see time of year restrictions in Section E, Table 1. Sturgeon River Restrictions.**

4. Bed Leveling Requirements:

LEVEL.1: Bed-levelers used as part of the proposed action will be of a design that produces a sand wave in front of the leading face of the bed-leveling device such that it disturbs sea turtles off the sea/channel floor bottom. All support structures must be welded to prevent impingement or “pinch points” for passing ESA-listed species. The design analyzed in the Brunswick Harbor study is approved to meet these requirements (Dodd 2003). Any other design must be documented and photographed and submitted with the pre-construction notification and during the annual review outlined in Section 2.9 of the 2020 SARBO in order to monitor the designs used. Additional designs may be deemed acceptable during the annual review.

LEVEL.2: The bed-leveler will be slowly lowered to the sea/channel bottom and the depth of the bed-leveler adjusted constantly to meet required depth and to compensate for tidal fluctuations.

LEVEL.3: The bed-leveler will be towed/pushed along the bottom no faster than needed to move the material at the sea/channel bottom (approximately 1-2 knots).

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E. Endangered Species Requirements

1. Relocation Trawling PDCs:

RELOCATE.2: If relocation trawling is deemed appropriate to minimize the risk of lethal take on a project using the risk assessment process outlined in Section 2.9.2.2 of the 2020 SARBO, trawlers will mobilize as quickly as possible.

RELOCATE.3: Trawling specifications listed below and in the PSO PDCs will be followed.

(i) Trawl tow-time duration will not exceed 42 minutes (doors in - doors out).

(ii) Trawl speeds will not exceed 3.5 knots for normal operations; however, speeds may be increased to the minimum speed needed to maintain control of the vessel.

(iii) Lazy lines will be designed according to the design specifications in the

Relocation Trawling Net Guidelines found in Attachment 2 to minimize the risk of entanglement with captured species.

2. Sturgeon PDCs - The following conditions are applicable for ALL Dredging Activities in

Sturgeon Rivers.

STURGEON.1: No in-water placement is allowed in sturgeon rivers, including side-cast dredging and nearshore placement.

STURGEON.2: Dredging operations, including related equipment, and projects conducted by other entities in the vicinity will not block more than 50% of the sturgeon river width to allow safe passage of sturgeon.

STURGEON.3: Dredging in sturgeon rivers will follow the time of year and dredge type restrictions identified in the table below, as applicable to this project. Attachment 2 provides maps of these areas referenced in Table 1 below.

Table 1. Sturgeon River Restrictions

River Section of River (river mile

[RM])

Dredging Restrictions

Great Pee Dee River 0-6.3 (near Jehrico Creek) Cutterhead dredging requires monitoring for take if work occurs from June through September.

Great Pee Dee River RM 6.3-29.4 (US 701 Bridge) Cutterhead dredging requires monitoring for take if work occurs from August through September.

Great Pee Dee River RM 29.4-43 (near Petersfield Landing) (upper river work limit)

Cutterhead dredging requires monitoring for take if work occurs from June through September.

Waccamaw River 0-8.1 (near Hagley Landing) Cutterhead dredging requires monitoring for take if work occurs from June through September.

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Waccamaw River 8.1-21 (near Bucksport Marina) (upper work limit)

Cutterhead dredging requires monitoring for take if work occurs from June through October.

Bull Creek / Big Bull Creek

0-62 (Confluence with Waccamaw River – Confluence with Great Pee Dee River)

No dredging allowed from June through September.

Black River 0-4.1 (near Wedgefield Plantation Country Club)

Cutterhead dredging requires monitoring for take if work occurs from July through September.

Black River 4.1-44 (Simms Reach Rd Bridge) (upper river work limit)

Cutterhead dredging requires monitoring for take if work occurs from June through August.

Sampit River Any (no upper river work limit)

Cutterhead dredging requires monitoring for take if work occurs from June through September.

Rediversion Canal 0-5 (Confluence with Santee Mainstem – Base of St.

Stephen Powerhouse)

No dredging allowed from June through September.

Santee River Any (no upper river work limit)

None.

North Santee River 0-Confluence with Santee Mainstem

None.

South Santee River 0-Confluence with Santee Mainstem

None.

Cooper River 0-1.9 (US 17 Bridge) None.

Cooper River 1.9-10.6 (I-526 Bridge) Cutterhead dredging requires monitoring for take if work occurs from July through September.

Cooper River 10.6-35 (Railroad trestle bridge) (upper river work limit).

*Aggregation area between 22.5-31 (near Bushy Point))

All dredge types may be used outside of aggregation areas. Work in aggregation areas during the months of June through October require monitoring for take.

Ashley River 0-9.7 (I-526 Bridge) Cutterhead dredging requires monitoring for take if work occurs from June through September.

Ashley River 9.7-22.5 Cutterhead dredging requires monitoring for take if work occurs from May through September.

Ashley River 22.5+ (no upper river work limit)

Cutterhead dredging requires monitoring for take if work occurs from June through September.

Edisto River Confluence with North and South Edisto- 49 (US Alternate 17 Bridge)(Upper river work limit)

None.

Nort…