WRC comments. Town of Southern Shores nourishment

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

MEMORANDUM

TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division

DATE: August 5, 2021

SUBJECT: CAMA Dredge/Fill Permit Application for Town of Southern Shores, 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 along the
entire oceanfront shoreline in Southern Shore, 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 Southern Shores 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 Plan. This event follows a 2017 event (NCDCM # 59-17, USACE SAW-
2014-02204, NCDWR #15-0460 v2) and is proposed to occur during the summer of 2022, placing
material along 4.1 miles of shoreline. The proposed design expands the project from the 2017 project to
include two potential tapers into the Town of Duck and Kitty Hawk if done as a standalone project,
placing 80,000 CY of material along 21,625’ of oceanfront shoreline. The proposed construction template
consists of an approximate 25’ to 100’ wide berm at an elevation of +6’ NAVD88 with a 15:1 slope to tie
into grade around -7’ NAVD88. Dunes that require reshaping will be constructed with a width of
approximately 24’ at an elevation no higher than 23.4’ NAVD88. No design template was provided to
detail dunes. All 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) with “Borrow Area C” as a backup. Within Southern Shores, the total fill area
below MHW is 4,809,633 ft2 (110.4 acres) and the total fill area above MHW is 1,098,007 ft2 (25.2
acres). Existing beach material for Southern Shores had a mean grain size of 0.44 mm, with 1.23% silt,
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6.03% granular, 2.17% gravel, and 2.0% carbonate. The applicant proposes to conduct these 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 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 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. 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 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
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.
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The plans indicate the seaward toe of the frontal dune system will move significantly waterward the
existing dune profile of the beach. This new alignment shows the seaward toe to be at the location of the
existing MHW line. Due to beach equilibration after project completion, the width of the public trust
beach after this proposal would likely be less than the current beach width or the desired beach width
from previous seasons. Due to the dynamic nature of the ocean shoreline, the design of the dunes should
not expand as significantly as proposed but mimic the profile of previous stable beach conditions to
reduce the likelihood of escarpments and the ultimate loss of sea turtle nesting habitat and recreational
beach. Escarpments along the beach would likely increase in size, frequency and duration if the beach
width is reduced so tides reach the dunes and erode the dune face more readily. If constructed as designed
and escarpments form, they would need to be managed so they are no greater than 18” in height for a
maximum distance of 100’. Management of these areas would need to be conducted outside sea turtle
nesting season as much as possible unless it is determined their presence precludes nesting activity.

In addition to our statements on wildlife resources present in the project area, the concern for nourishment
activities during their nesting seasons, and the waterward migration of the frontal dune system, the
NCWRC offers the following for any permitted activity regardless of the time of year:

• Information including pipeline alignment, equipment access, and any survey
information, if necessary, should be provided prior to project start. This is generally
done in a pre-construction meeting with state and federal agencies.

• 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. Concerns may be stated and remediation requested even if the material meets the
sediment criteria but changes the habitat suitability of the beach. This includes high
concentrations of shell hash, compaction, and color of material.

• The application stated dune reshaping would occur, but no specific plans were
provided. 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 with a 3:1 slope preferred. 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.
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• Visual surveys for escarpments along the project area must be made immediately after
completion of sand placement, and within 30 days prior to May1 Escarpments that
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100
feet must be leveled and the beach profile reconfigured to minimize scarp formation by
May 1.

• 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 planting 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 this project
or any other upcoming planting events during nesting season. As an education and
guidance tool, the following link can be referenced:

https://content.ces.ncsu.edu/restoration-and-management-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 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
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 for 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 [e-mail]