WRC comments_Buxton nourishment 2022_

North Carolina Wildlife Resources Commission
Cameron 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: October 27, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Dare County, Buxton Beach Nourishment,
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 proposed project would occur
adjacent the Atlantic Ocean for approximately 15,500' (2.9 miles) in the Village of Buxton and for
11,000' (2.1 miles) fronting the National Park Service property to the north of Buxton, NC. 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.).
Dare County proposes to use a 200 acre borrow area located approximately 2-3 miles from the Buxton
shoreline to obtain material to nourish 4.9 miles of beach. Excavation is proposed at 10' with borrow area
excavation to result in final borrow area depths of -33' to -48' NAVD88. Ten Vibracore samples were
taken to a core depth of 10' in 2021 to calculate material composition. Results from this sampling found a
mean grain size of 0.517 mm, an average composite sand content of 91.7%, an average composite gravel
content of 0.6%, an average granular content of 7.1%, an average fines content of 0.6%, and an average
calcium carbonate content of 15.6%. Previous native beach characterizations produced 0.63 mm mean
grain, 6.6% combined gravel and granular, <1% fines, and 6.2% calcium carbonate. Current native beach
characterization through transect sampling yielded a mean grain size of 0.32 mm, < 1 % fines, 1.1 %
granular material, 0.1% gravel, and 7.2% calcium carbonate. Material would be removed by cutterhead
dredge, hopper dredge, or combination of the two and placed in the beach zone between the toe of
dune/mid-dry sand beach and the low watermark and manipulated by land -based equipment. The project
will affect 200 acres of bottom habitat, fill approximately 37 acres of upper beach (above MHW), and fill
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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approximately 105 acres of intertidal area and nearshore shallow bottom. Construction is proposed year-
round due to weather constraints and is anticipated to take 3 months if conducted during calmer weather.
This area previously received CAMA Permit No. 136-15 and USACE permit SAW-2015-01612 allowing
nourishment activities to be conducted 2017 to 2018.
The NCWRC has reviewed the permit application and is concerned with the impacts the project may have
on wildlife resources if conducted during the nesting seasons of shorebirds and sea turtles. Federally
protected species that utilize the area include piping plover (Charadrius melodus melodus), red knot
(Calidris canutus rufa), roseate tern (Sterna dougallii dougalld) 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. The applicant states the need to work during these
moratoria is due to adverse weather and the increased cost of the project. 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. We
have not had the opportunity to review a biological opinion (BO) from the US Fish and Wildlife Service
(USFWS) to learn of their determination of affect or conditions to allow work to be conducted with
minimized impacts to important wildlife species.
The proposed 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. While this area is important for numerous species of waterbirds and shorebirds, it
should be noted that the USFWS is currently considering this area to be designated as critical habitat for
red knot. Conservation measures in these areas are important to ensure the continued improvement of the
population.
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. Another Dare County
nourishment event 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 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
remediation measures requested if the sediment placed provides much lower quality sea
turtle nesting habitat.
• Dunes are proposed for a portion of the project area. The NCWRC supports the 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. We appreciate the applicant's design of dunes with a 3:1 slope.
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.
Dune planting and sand fencing are proposed within the project area. 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. The "Sand Fencing & Vegetation"
plan dated 30 July 2021 appears to follow NCWRC guidance, though it is understood
locations will be finalized post construction.

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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 these projects may have shoreline habitats - especially as individual
projects are combined and conducted simultaneously with other permitted projects in the vicinity.
However, we recognize the complexities of maintaining access to an arterial route for residents, recreation
and tourism in such a dynamic environment. Although the biological effects of nourishment have been
heavily researched with more to learn, nourishment may result in a net increase of beach area. While we
prefer the project be constructed outside of the sea turtle and shore bird nesting moratoria, the
complexities of this area, such as the northerly orientation of the beach, wave height, and distance from
deep water inlets, complicate nourishment outside the recommended moratoria. Therefore, we would not
object to the issuance of the permit provided the proposal receives a USFWS biological opinion and that
the applicant includes measures to meet recommendations within the biological opinion along with other
mitigation options to address wildlife impacts. NCWRC also requests to work with our federal partners,
county officials, and the contractor to ensure the most effective mitigation strategies are employed. These
strategies include information regarding sea turtle trawling procedures (true relocation versus non -capture
trawling), shoreline monitoring protocols for sea turtles, shorebirds and waterbirds, nighttime
construction guidelines, educational outreach, and other local measures to mitigate impacts to wildlife
resources. A mitigation measure example for the area may include lighting guidance or ordinances.
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 [phone] or
maria.dunn(cr�,ncwildlife.org