19991112 Ver 1_Other Agency Comments_20141105

DEPARTMENT OF THE ARMY
Wilmington District Corps of Engineers
Regulatory Division
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
WLv ro
A,m n October 31, 2014
Wilmington Regulatory Field Office
Action ED: SAW -1999 -01052
Mr. Pete Benjamin, Field Supervisor
Raleigh Ecological Services Field Office
U.S Fish and Wildlife Service
P.O. Box 33726
Raleigh, North Carolina 27636 -3726
Dear Mr. Benjamin:
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RECEIVED
NOV 051014
DENR -LAND QUALITY
STORMWATER PERMITTING
Reference is made to a Department of the Army (DA) permit modification request submitted by New
Hanover County (NHC) and the Mason Inlet Preservation Group (MIPG), on May 28, 2014, to modify
the existing DA permit conditions and relieve certain monitoring requirements associated with DA permit
#SAW- 1999 -01052 and the terms and conditions and conservation measures outlined in your March 14,
2001 Biological Opinion (BiOP). New Hanover County and the MIPG have submitted this request along
with additional information to support the request to modify monitoring requirements and conditions of
the existing Biological Opinion (BO) and DA permit.
The purpose of the original permitted project is to protect properties located along the northern end
of Wrightsville Beach from expected future loss due to the southerly migration of Mason Inlet. The
project is located in waters of the United States associated with the shorelines of north Wrightsville
Beach, the south end of Figure Eight Island, Banks Channel, Mason Creek, and Mason's Inlet, in New
Hanover County, North Carolina. The purpose of the project is to relocate Mason's Inlet to a more
easterly alignment and nourish portions of Wrightsville Beach and Figure Eight Island.
Specifically, New Hanover County requests the following revisions to the DA permit special
conditions and your BiOP reasonable and prudent measures and terms and conditions in order to relieve
monitoring requirements:
• Elimination of monitoring events for all species unless the maintenance events occur during
breeding, nesting, or growing seasons.
• Removal of the waterbird monitoring and annual report requirements for the life of the project in
all project areas.
• Maintaining only the existing waterbird protection area at the north Wrightsville Beach location.
• Relaxation of beach compaction/escarpment monitoring following beneficial reuse events.
The entirety of the proposed changes are in the attached May 28, 2014 NHC Letter: United States
Army Corps of Engineers (Corps) Permit Modification & US Fish and Wildlife Service
(USFWS) Re- consultation.

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Effect Determination Summary:
Based on an evaluation of the proposed revisions to monitoring requirements, nature of the activity,
the action area, and additional information (e.g., Final Summary Report, Bird Monitoring Data, and
Shorebird Management Plan), the Corps has made the following preliminary effect determinations for
species that may occur in the action area, including any potential designated critical habitat, protected by
the Endangered Species Act:
Common
Latin Name
Agency Listing
Critical
May
May Affect,
No
Name
Loggerhead sea
turtles - marine
htios•/ /www federalregister gov /articles2014 /07/10/2014- 15748 /endangered- and- threatened-
species- cntical- habitat- for -the- northwest - atlantic- ocean - loggerhead -sea
Habitat (CH)
Affect,
Not Likely
Effect
wintering
habitat
Designated in
Likely to
to
the Action
Adversely
Adversely
Area
Affect
Affect
Green sea
(Chelonia mydas)
Endangered
NO
X
turtle
Loggerhead sea
(Caretta carets)
Threatened
Yes -FWS
X
turtle
Hawksbill
(Eretmochelys
Endangered
NO
X
turtle
2mbricate
2mbricate
Kemp's Ridley
(Lepidochelys
Endangered
NO
X
Turtle
kem i
Leatherback
(Dermochelys
Endangered
NO
X
sea turtle
coriacea
Piping plover
(Charadrius
Threatened
Yes -FWS
X
melodus
Red knot
(Calidris canutus
Threatened-
NO
X
ru a )
I Proposed
West Indian
(Trichechus
Endangered
NO
X
manatee
manatus
Seabeach
(Amaranthus
Threatened
NO
X
amaranth
umilis
Table 1. Threatened and Endangered species in the action area, and Corps preliminary effect determinations for the
proposed action.
Species
Link to Critical Habitat
Loggerhead sea
httys://www.federalregister.pov rticies/2014/07/10/2014-15725/endan2ered-and-threatened-
turtles -
wildlife- and - plants - designation -of- critical- habitat- for - the - northwest
terrestrial
Loggerhead sea
turtles - marine
htios•/ /www federalregister gov /articles2014 /07/10/2014- 15748 /endangered- and- threatened-
species- cntical- habitat- for -the- northwest - atlantic- ocean - loggerhead -sea
Piping Plover —
hM --www fws gov /olover/FR not ice / finalchnotice- 50- 56 %20North %20Carolina pdf
wintering
habitat
Table 2. Critical Habitat designations within the project action area:

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May Affect, Likely to Adversely Affect:
For those species, whereby, the Corps has determined the project may affect, and is likely
adversely affect and/or modify or destroy designated critical habitat, we request to initiate formal
consultation pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended. In
accordance with guidance provided in the Endangered Species Consultation Handbook, the Corps
requests that you acknowledge this request, and advise whether there is any additional relevant data
required to meet the requirements of 50 CFR §402.14(c), within 30 days of receipt of this request. When
formal consultation is initiated, please provide this'office with the initiation date for project management
and database requirements.
In accordance with 50 CFR §402.14, the following information is provided to initiate formal
consultation:
1. A description of the action being considered:
Please refer to the list of requested revisions to the monitoring requirements outlined above.
2. A description of the specific area that may be affected by the action:
The action area subject to this request includes all marine and shoreline environments from the south
end of Wrightsville Beach north to the north end of Figure Eight Island.
3. A description of any listed species and/or critical habitat which may be affected by the proposed
action:
Refer to Tables 1 and 2, above.
4. A description of the manner in which the action may affect any listed species and/or critical
habitat- and an analysis of any cumulative effects (Cumulative effects include the effects of future State,
tribal, local or private actions that are reasonably certain to occur in the action area considered in this
biological opinion Future Federal actions that are unrelated to the proposed action are not considered
in this section because they require separate consultation pursuant to section 7 of the Act): Based on the
available information, the Corps has determined that the following effects on listed species would occur
in the action area as a result of the proposed action:
Seabeach Amaranth
The proposed action has the potential to adversely affect seabeach amaranth within the proposed
project area. Potential effects include burying, trampling, or injuring plants as a result of
maintenance operations and/or sediment disposal activities; burying seeds to a depth that would
prevent future germination as a result of construction operations and/or sediment disposal
activities; and, destruction of plants by trampling or breaking as a result of increased recreational
activities.
West Indian Manatee
The proposed action has the potential to adversely affect West Indian manatees within the
proposed project area. Potential effects include the injuring or killing of manatees resulting from
collisions with boats as a result of dredging operations.

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Sea Turtles
The proposed action has the potential to adversely affect nesting females, nests, and hatchling
loggerhead and green sea turtles within the proposed project area. Potential effects include
destruction of nests deposited within the boundaries of the proposed project disposal areas;
harassment in the form of disturbing or interfering with females attempting to nest within the
disposal areas or on adjacent beaches as a result of disposal or maintenance activities;
disorientation of hatchling turtles on beaches adjacent to the maintenance areas as they emerge
from the nest and crawl to the water as a result of project lighting; and, behavior modification of
nesting females due to escarpment formation within the project area during a nesting season
resulting in false crawls or situations where they choose marginal or unsuitable nesting areas to
deposit eggs. The quality of the placed sand could affect the ability of female turtles to nest, the
suitability of the nest incubation environment, and the ability of hatchlings to emerge from the
nest.
Piping Plover
The proposed action has the potential to adversely affect nesting piping plovers, nests, hatchlings,
and overwintering and migrating plovers within the proposed project area. Potential effects
include the destruction of nests created within the boundaries of the proposed project; harassment
ip the form of disturbing or interfering with plovers attempting to nest, forage, or roost within the
construction area or on adjacent beaches as a result of disposal activities; harassment in the form
of disturbing or interfering with plovers attempting to nest, forage, or roost within the disposal
area or on adjacent beaches as a result of increased pedestrian or animal traffic; killing of
fledgling birds as they begin to leave the nest; behavior modification of nesting plovers due to
disturbances associated with disposal activities within the project area resulting in failed nest
attempts or situations in which they choose marginal or unsuitable nesting areas; and, behavior
modification of migrating or wintering plovers due to disturbances created by the maintenance
activities within the project area resulting in excessive energy expenditures or displacement of
birds to unsuitable sites, increased foraging behavior, or situations where they choose marginal or
unsuitable resting or foraging areas. The maintenance activities could also lead to diminished
quantity and quality of intertidal foraging habitats within the action area, compared with flood
tidal deltas at naturally functioning and migrating inlets resulting in decreased survivorship of
nesting, migrating or overwintering plovers.
Red Knot
Potential impacts to Red Knot are similar to Piping Plover with regard to disturbances associated
with disposal activities within the project area resulting in behavior modification of migrating
Red Knots due to disturbances created by the maintenance activities within the project area
resulting in excessive energy expenditures or displacement of birds to unsuitable sites, increased
foraging behavior, or situations where they choose marginal or unsuitable resting or foraging
areas. The maintenance activities could also lead to diminished quantity and quality of intertidal
foraging habitats within the action area, compared with flood tidal deltas at naturally functioning
and migrating inlets resulting in decreased survivorship of nesting, migrating or overwintering
Red Knots.

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5. Relevant reports (including any environmental impact statements, environmental
assessments, biological assessments, or other analyses prepared on the proposal):
a. May 28, 2014 NHC Letter: United States Army Corps of Engineers (USACE) Permit
Modification & US Fish and Wildlife Service (USFWS) Re- consultation
b. Final Summary Report
c. Revised Waterbird Area Monitoring and Management Plan
d. Combined Bird and Amaranth Data Package (Submitted by NHC)
6. Any other relevant studies or other information available on the action the affected listed
species, and/or critical habitat: Some information used to prepare this request for consultation has been
acquired from the following links: hqp: / /www.fws.gov /raleigh /es tes.html and
http://www.nmfs.noaa.gov/pr/species/
We look forward to receipt of your draft Biological Opinion within 90 -135 days of initiating
consultation, and upon conclusion of the formal consultation period.
May Affect, Not Likely to Adversely Affect:
For those species, whereby, the Corps has determined that the proposed project may affect, and is
not likely to adversely affect or adversely modify or destroy designated critical habitat, we request
informal consultation in accordance with Section 7, ESA. This informal consultation request considers
the project's adherence to the following construction moratoria and/or the West Indian Manatee
Guidelines (i.e., http: / /www.fws.gov /nc -es /mammal /manatee Puidelines.pdf) during construction:
Species
Construction Moratorium
Responsible Agency
Sea turtles — nestin and marine
May 1 —Nov 15
USFWS and NMFS
Piping lover — winterin habitat
Apr I — Jul 15
FWS
Manatee — in water work
Apr l —Nov 15
FWS
Atlantic and shortnose sturgeon
Feb 1 — Sep 30
NMFS
Adherence to the above construction moratoria and/or Guidelines would be made a condition of any
DA permit issued for this project. The Corps respectfully requests your agency's concurrence on these
may affect, not likely to adversely affect determinations.
Conferencina:
For those species (i.e., red knot) proposed for listing and any associated critical habitat that might be
affected by the project, the Corps requests to conference with your agency in accordance with Section
7(a)(4) of the ESA. At this time, the Corps requests informal conference. In the event you determine that
the project may jeopardize the continued existence of those species proposed for listing and/or adversely
modify or destroy their proposed critical habitat, the Corps requests formal conferencing.

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No Effect:
The Corps has determined that the project will have no effect or modify or destroy designated
critical habitat of any other Federally listed species. For these species, we consider this letter as
notification and do not seek consultation.
Aeency Determination:
For format consultation, and in accordance with guidance provided in the Endangered Species
Consultation Handbook, the Corps requests that you notify us when formal consultation begins, and
advise if there is any additional relevant data required to meet the requirements of 50 CFR §402.14(c),
within 30 days of receipt of this request. We look forward to receiving your amended BiOP with 90 -135
days from the date you initiate of consultation.
For informal consultation, please advise if you concur with our may affect, not likely to adversely
affect determinations at your earliest convenience.
If you have any questions regarding this letter, please contact Mr. Tyler Crumbley at the letterhead
address, by telephone at 910 - 2514170, by fax at 910 -251 4025, or by email at:
tyler.crumbley @usace.army.mil.
Chief, Regulatory Division
Enclosures:
• May 28, 2014 NBC Letter: United States Army Corps of Engineers (USACE) Permit
Modification & US Fish and Wildlife Service (USFWS) Reconsultation.
• Final Summary Report
• Revised Waterbird Area Monitoring and Management Plan
Combined Bird and Amaranth Data Package (Submitted by NBC)
Copy Furnished (without enclosures):
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
Attn: Mr. Chad Coburn
127 Cardinal Drive
Wilmington, North Carolina 28405

-7-
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
Attn: Mr. Shelton Sullivan
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
Attn: Ms. Debbie Wilson
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
Attn: Mr. Doug Huggett
400 Commerce Avenue
Morehead City, North Carolina 28557
North Carolina Wildlife Resources Commission
Attn: Maria Dunn
SE Permit Coordinator
Division of Inland Fisheries
943 Washington Square Mall
Washington, North Carolina 27889
National Marine Fisheries Service
Attn: Fritz Rohde
Pivers Island
Beaufort, North Carolina 28516
National Marine Fisheries Service
Attn: Pace Wilber
Habitat Conservation Division
219 Ft. Johnson Road
Charleston, South Carolina 29412-9110