WRC comments_Town of Duck 2022 nourishment_

ROY COOPER
DIONNE DELLI-GATTI
BRAXTON DAVIS
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April 15, 2021
MEMORANDUM:
FROM: Heather Coats, Beach & Inlet Management Project Coordinator
NCDEQ - Division of Coastal Management
127 N Cardinal Drive Ext., Wilmington, NC 28403
(Courier 04-16-33)
heather. coats NCDENR. ov
SUBJECT: CAMA/Dredge & Fill
Applicant: Town of Duck
Project Location: From 126 Skimmer Way to 137 Spindrift Lane, adjacent to the Atlantic Ocean, in Duck,
Dare County.
Proposed Project: Request for reauthorization of the Town's beach nourishment project to include
approx. 8415' of shoreline from 126 Skimmer Way to 937 Spindrift Lane_
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 April 11, 2021. 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 M c-.r] an
AGENCY J � 12 -(
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State of North Carolina j Enviroiunental Quality I Coastal Management
127 Cardinal Give at., Wilmington, NC 28405 919 796 7215

North Carolina Wildlife Resources Commission D
Catueron Ingram, Executive Director
MEMORANDUM
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
'-
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 5, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Town of Duck, 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 126
Skimmer Way to 137 Spindrift Lane in Duck, 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.G. 1801 et seq.), and the Migratory Bird Treaty Act (16
U.S.C. 703-712 et seq.).
The Town of Duck (Duck) has submitted a NC Division of Coastal Management (NCDCM) application
for a one-time nourishment event along the ocean shoreline as part of the Dare County Multi -Town Shore
Protection Project. This event follows a 2017 event (NCDCM #132-15, USACE SAW-2014-02202,
DWR #15-0459) and is proposed to occur during the summer of 2022, placing material along 1.6 miles of
oceanfront shoreline. The beach fill design includes a 20' wide dune at elevation +20' NAVD88 with a
5:1 waterward slope to the primary began elevation fronted by a variable width bean at elevation +6'
NAVD. The main placement area begins near the northern property boundary of 140 Skimmer Way and
extends approximately 7,914' southward, terminating in the middle of the parcel at 137 Spindrift Lane. In
addition, there is one 500' taper on the north end of the main fill. Source material would be obtained from
"Borrow Area A", 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 Duck, the total fill area below MHW is 3,023,609 fe (69.41 acres) and the
Mailing Address: habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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total fill area above MHW is 1,488,346 & (34.17 acres). Native beach material for Duck had a mean
grain size of 0.33 min, with 0.1.01 % silt, 3.89% granular, 2.00% 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 bird nesting seasons.
The NCWRC is very familiar with the project proposal, having participated in scoping meetings for this
project as well as involvement with previous 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 ►nelodus melodus), red
knot (Calidris canutus mfa), roseate tern (Sterna dougallii 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 peak 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. If 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 ofincidental
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 must
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 nm. 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

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wavelengths. Even with the intensive monitoring for nesting turtles, a percentage of nests are still
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's sediment criteria, concerns
may be raised and rernediation 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 backslopc 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, treasures 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 planting and sand fence installation. In general, the NCWRC requests activities

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occur as much as possible outside the sea turtle nesting season and that contact
continues throughout this project or any other upcoming planting events during
nesting season. As an education and guidance tool, the following link can be
referenced:
https-Heontent.ces.nesu.edu/restoration-and-manaement-of-coastal-dune-vegetation
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 pen -nit 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 with some design changes
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 trawling), 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 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 (252) 948-391 d or
[e-mail]