WRC comments_Town of Kill Devil Hills_7.6.21

ROY COOPER
MICHAEL S. RECAN
BRAXTON DAVIS
Dwector. Dn tsron of C oa.val
AlanagCnreW
April 5, 2021
MEMORANDUM.
FROM: Heather Coats, Beach & Inlet Management Project Coordinator
NCDEQ - Division of Coastal Management
127 N Cardinal Drive Ext., Wilmington, NC 28405
(Courier 04-96-33)
heather. coatsONCDENR,ggv
SUBJECT: CAMA/Dredge & Fill
Applicant: Town of Kill Devil Hills
Project Location: From 3522 N. Virginia Dare Trail to Prospect Ave. beach access, adjacent to the
Atlantic Ocean in Kill Devil Hills, Dare County
Proposed Project: Applicant is requesting reauthorization of the Town's beach nourishment project to
include approximately 14, 464' of shoreline from 3522 N. Virginia Dare Trail to the
Prospect Ave, beach access.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by May Z 2421, If you have any questions
regarding the proposed project, contact Heather Coats at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME
AGENCY JVC+-� P_(
SIGNATURE
DATE
State of North Carolina I Environmental Quality G Coastal N&nagerneait
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

— Noah Carolina Wildlife Resources Commission
Cameron hrgrain, Executive Director
10INoto141110.116M
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 6, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Town of Kill Devil Hills, Dare
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located between 3522
N. Virginia Dare Trail to the Prospect Avenue beach access in Kill Devil Hills, NC adjacent the Atlantic
Ocean. Our comments are provided in accordance with provisions of the Coastal Area Management Act
(G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as
amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), the Magnuson -Stevens
Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the
Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The Town of Kill Devil Hills has submitted a NC Division of Coastal Management (NCDCM)
application for a one-time nourishment event along the oceanfront shoreline as part of the Dare County
Multi -Town Shore Protection Project. This event follows a 2017 event (NCDCM # 134-15, USACE
SAW-2014-02203, NCDWR #04-0393 V2) and is proposed to occur during the summer of 2022, placing
material along 2.73 miles of oceanfront shoreline. The proposed design includes a beach berm filled to an
elevation of+6' NAVD88 with a 15:1 slope out to tie into existing grade from approximately -8' to -12'
NAVD88. The berm would be constructed at a variable width ranging from 18.5' to 148.2'. Repair of the
previously engineered dune is proposed to remain at an elevation +15' NAVD88 with a maximum 20'
crest and 5:1 waterward slope. The main project site extends from 3522 N. Virginia Dare Trail to the
Prospect Avenue beach access. Source material would be obtained from `Borrow Area N', located
approximately 5 to 6.5 miles offshore within the Outer Continental Shelf in federal waters managed by
the Bureau of Ocean. Energy Management (BOEM). To acquire enough material for the entire Dare
County project, approximately 6,589,633 CY of material would be removed from Borrow Area A. Within
Kill Devil Hills, the total fill area below MHW is 83.68 acres and the total fill area above MHW is 39.62
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721.
Telephone: [phone] • Fax: [phone]

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acres. Native beach material for Kill Devil Hills had a mean grain size of 0.36 nun, with 0.90% silt,
5.15% granular, 1.62%r gravel, and 2.0% carbonate. Planting of dune vegetation and sand fencing is also
proposed. Fence installment is stated to be done only in areas of erosion and will generally installed in
accordance to the conditions of the exemption for sand fencing. Any deviations from this alignment are
stated to be done with a permit modification review. The applicant proposes to conduct all nourishment
activities during the summer, which encompasses sea turtle and shore birdnesting seasons.
The NCWRC is very familiar with the project proposal, having participated in scoping meetings for this
project as well as involvement with the previous two nourishment projects. We have assessed the project
for impacts to wildlife resources, particularly coastal waterbirds, sea turtles, and beach invertebrates.
Federally protected species that utilize the area include piping plover (Charadrius melodus melodus), red
knot (Calidris canutus rufa), roseate tern (Sterna dougalki dougallii) and Kemp's Ridley (Lepidochelys
kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta
caretta), and green (Chelonia mydas) sea turtles. Conducting nourishment activities during the nesting
shorebird moratorium, April 1 — August 31, and the sea turtle nesting moratorium, May 1 — November 15,
or until the last known nest has hatched, may have an adverse effect on some individuals even if measures
are taken to minimize impacts. These moratoria were established to protect threatened and endangered
species that use the shoreline for foraging and nesting. Although we understand weather during the winter
months will make the project more difficult, the impact of this project and the cumulative impact of other
projects during the nesting season may adversely affect wildlife resources.
A summer month construction schedule includes the time of pear migration for beach nesting shorebirds.
These birds forage in the project area during their migration along the Atlantic shore. Potential impacts
may include direct disturbance of birds as a result of continuous construction activities and decreased
recruitment of invertebrates that provide food. Placement of material on the beach during the summer
season would decrease invertebrate populations, especially if beach nourishment work is done in
subsequent years. Placement of material on the beaches outside the summer months would minimize
these impacts. It is unclear from the permit application the definition of the long-term management
program, the triggers that would initiate another nourishment activity, and the anticipated frequency of
events. Frequency of nourishment events greatly affects invertebrate recruitment and beach recovery.
Dredging, especially by hopper dredges, during May through November would increase the likelihood of
sea turtle take incidents. The National Marine Fisheries Service (NMFS) limits the number of incidental
takes of sea turtles by dredge activity in the Southeastern United States. While we understand the new
South Atlantic Region Biological Opinion (SARBO) has altered many management measures for dredge
activities, further discussion on how to deter incidental take of sea turtles during hopper dredge use,
protocol in case of sea turtle capture, potential tagging methodology for captured sea turtles, and
notification protocol will be discussed during pre -construction meetings. The previous nourishment event
for Dare County experienced significantly higher than expected interactions with sea turtles, including 74
trawl relocations and 2 lethal dredge takes. Any dredge activity allowed during nesting season trust
anticipate these interactions and plan accordingly. Consistent tagging, reporting, and release protocols are
expected.
Additionally, the placement of material on beaches may disrupt turtle nesting by causing lost nesting
opportunities, destruction of unmarked nests (not all eggs can be successfully located by nesting
monitors), and the misorientation of hatchlings due to artificial lights used at night on construction
equipment. Misorientation could be minimized with the use of directional LED lights that have a
predominant wavelength of about 650 rim. Lighting on the beach at night should be minimized to what is.
necessary for safe operations and if equipment used on the beach at night do not have the proper LED
lights, operation should occur under acceptable lights without the use of traditional lights and
wavelengths. Even with the intensive monitoring for nesting turtles, a percentage of nests are still

Page 3
expected to be unsuccessful due to missed nests or relocation failures. Some indirect impacts may include
an increased disturbance of nesting females and reduced availability of suitable nesting habitat due to
changes in the beach's physical characteristics, such as increased escarpment formation, increased
compaction levels, and other changes.
In addition to our statements on wildlife resources present in the project area and concern for nourishment
activities during their nesting seasons, the NCWRC offers the following for any permitted activity
regardless of the time of year:
Beach quality material that is compatible with native beach material and meets the
NC Division of Coastal Management's (NCDCM) sediment criteria is essential. If
during construction non -compatible material is placed on the beach, nourishment
activities should stop, state and federal agencies should be notified, and it should be
determined if the dredge needs to move to an alternative location within the borrow
source to obtain compatible material. Additionally, state and federal agencies should
assess the non -compatible material for removal to determine if mitigation is required.
Compatibility includes grain size, percent fines, calcium carbonate, color, and clast
count. Even if material is within the NCDCM'& sediment criteria, concerns may be
raised and remediation measures requested if the sediment placed provides much
lower quality sea turtle nesting habitat.
The application stated waterward dune slopes would be 5:1. The NCWRC supports
the US Fish and Wildlife Service (USFWS) recommendations on dune construction
and beach profiles. These recommendations minimize misorientation of nesting
females and hatchlings, increasing nest success. A nesting female sea turtle is not
deterred from nesting on newly constructed areas with a gentle slope of 5:1 or less. A
minimal slope of 4:1 on a low erosion beach or a slope of 1.5:1, followed by a
gradual slope of 4:1 for approximately 20 feet seaward on a high erosion beach is
recommended. Slopes of 3:1 are preferred. While it is understood the previously
permitted project had slopes of 5:1, steeper slopes are requested to more closely
resemble natural dune faces and minimize non -desired sea turtle incidents. Any
backslope on newly constructed dunes and beaches or any troughs that exist between
the constructed area and the frontal dune system obstructs the line of sight for a
turtle. This obstruction may hinder the adult female from finding the ocean, leading
to additional post nesting exhaustion. The obstructed line of sight also may prevent
hatchlings from orienting to the ocean or physically block their path, leading to
increased predation and death from extended time on the shore. Therefore, any new
or modified material placed on the beach should tie into the existing profile in a
manner to not create backslope or troughs. If existing profiles exhibit topography
conditions that lend themselves to this situation, the area should be remediated prior
to project implementation.
Shoreline stabilization measures, including dune planting and sand fencing, have
recently been conducted within the project area. This management tool should be
taken into account when planning nourishment activities. Consideration should be
given to existing vegetation and structures, as well as any proposals post
nourishment. Just as with any activity on the shore, measures should be implemented
to follow existing regulatory definitions and rule and minimize wildlife impacts.
Guidance can be received by the NCWRC and USFWS regarding dune plantiug and
sand fence installation. In general, the NCWRC requests activities occur as much as
possible outside the sea turtle nesting season and that contact continues throughout

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this project or any other upcoming planting events during nesting season. As an
education and guidance tool, the following link can be referenced:
ht s.licontent.ces.ncsu.edu/restoration-and-inana ement-of-coastal-dune-ve etation
While the NCWRC understands the engineered design and permit must be based
upon survey data from a set date and point, we must also recognize ocean front
shorelines are very dynamic. Therefore, it is requested that prior to conducting
nourishment activities, a survey is conducted approximately three months prior to the
final construction design to provide an accurate representation of the beach profile.
Adjustments may need to be made after the survey to compliment the intent of the
permit as well as to protect environmental and public resources.
In conclusion, the NCWRC is concerned with the increased frequency and extent of beach nourishment
and the potential cumulative impact of these projects to shoreline habitats, especially when conducted
during nesting season for such an extensive area of shoreline. This project along with other projects in the
area will disrupt a significant amount of nesting habitat during one season. Our preference would be for
the project to be constructed outside of the sea turtle and shore bird nesting seasons. However, due to the
circumstances of the proposal, we will not object to the issuance of the permit provided measures to
minimize impacts to wildlife resources are included and NCWRC is allowed to work with our federal
partners and the contractor to ensure the most effective mitigation strategies are employed. These
strategies include but are not limited to sea turtle trawling procedures (true relocation versus non -capture
brawling), incidental capture protocols, nighttime construction guidelines, and monitoring protocols.
Overall our agency supports the guidelines and specific recommendations within the USFWS's biological
opinion (BO) and believes that document is an important source of information to outline permit
conditions. Our agency will coordinate with them and the applicant to ensure understanding of
allowances, conditions, and measures needed to minimize impacts to wildlife resources.
Thank you for the opportunity to provide comments on this permit application. We understand projects of
this nature require extensive coordination and are looking forward to future communications. If there are
any comments, questions, or concerns please do not hesitate to contact me at maria.dunnCa,'newildlife.or
or252-948-3916.