USFWS comments. 20210225_Corps_OakIsl_2021-2022

February 25, 2021

Mr. Greg Currey, Project Manager
USACE, Wilmington District
69 Darlington Ave.
Wilmington, NC 28403

SUBJECT: Town of Oak Island 2021 – 2022 Beach Nourishment Project Expansion
Action ID No. SAW 2018-02230

Dear Mr. Currey:

This is in response to your February 10, 2021 email, requesting comments on the authorization
of a modification to the authorized beach nourishment project along the shoreline of Oak Island,
Brunswick County, North Carolina. The applicant proposes to expand the limits of the
previously approved beach nourishment and dune building project for the Town of Oak Island.
The project site extends the distance of the previously permitted project, approximately 26,100
additional linear feet in total, with two reaches. The first reach extends from McGlamery Street
to Southeast 63rd Street and the second reach extends from between 7th and 10th Place west to
the West End Beach Access. The beach berm would be filled to an elevation of +7’ NAVD 88
with a 20:1 slope out to tie into existing grade from -1’ to -9’ NAVD88. An engineered “starter
dune” is also proposed along the majority of the expanded area with a maximum elevation
ranging from +13.0” to +15.5” NAVD88, to be constructed with a 10 feet wide dune crest and
with a 4:1 slope on the waterward side and a 5:1 slope on the landward side. This design appears
to advance the proposed engineered dune to (or in one area waterward of) the current MHW line
along part of the project area. The purpose of the project, designed to withstand a 25-year return
periodic storm event, is to protect infrastructure and property while maintaining tax revenues to
the Town, County and State, and to preserve the environmental, cultural and aquatic resources of
the Town and County. Planting of dune vegetations is also proposed on the crest and backslope
of the proposed starter dune. This would likely facilitate the establishment of stable and natural
vegetation. Beach compatible sand will be dredged from the previously permitted Jay Bird
Shoals site and from a second borrow area at Central Reach.

The U.S. Army Corps of Engineers (Corps) has made an effects determination of “May Affect,
Not Likely to Adversely Affect,” for West Indian manatee, piping plover, red knot, seabeach
amaranth and green, loggerhead, hawksbill, Kemp’s ridley and leatherback sea turtles, and has
committed to include the Service’s 2017 Manatee Guidelines in the permit conditions. The
Statewide Programmatic Biological Opinion for North Carolina Beach Sand Placement (SPBO)
provides coverage for sand placement within the winter work window, November 16 to April 30.
All beach sand placement and other work will be limited to this work window and this will be a
condition of the permit authorization. Conservation Measures, Reasonable and Prudent Measures
and Terms and Conditions included in this SPBO will also be made conditions of the permit
authorization. The U.S. Fish and Wildlife Service (Service) has reviewed the information
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concerning the above referenced project. Our comments are provided in accordance with the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA).
The proposed action has the potential to adversely affect federally listed species. Therefore, the
determination for the species listed above should be May Affect, Likely to Adversely Affect
(with the exception of hawksbill sea turtle, as it has never been documented as nesting in
Brunswick County). However, the Service agrees that the Corps can rely on the SPBO to meet
its ESA Section 7 obligations. The SPBO authorizes incidental take of listed species from the
effects of the project.
On February 19, 2021, the Service discussed our concerns for the dune design along portions of
the project area with the Corps, North Carolina Division of Coastal Management, North Carolina
Wildlife Resources Commission, and North Carolina Division of Water Resources. In the
expanded area, some portions of the project were designed with only dune construction and no
waterward berm fill. The proposed dune design in some of these locations would place the dune
on or close to the mean high water line (MHW), leaving little to no dry beach and subjecting the
constructed dunes to the erosional force of tides almost immediately upon construction. On
February 22, 2021, we received a modified proposal to shift the dune landward between Stations
354+00 and 415+00, and add a 10-foot berm landward of the constructed dune between Stations
310+00 and 380+00. This would effectively shift the waterward toe of fill farther waterward,
providing some minimal protection for the toe of dune from the tide.
While we would prefer that the applicant wait until enough sand is available to construct a dune
and dry beach in these areas, we understand the desire to provide protection for structures before
the 2021 storm season. The Service is concerned that the upcoming storm season may further
affect the beach profile along Oak Island, particularly in areas where little dry beach remains. In
order to ensure that current and accurate information is used for the design of the dune and beach
profile, the Service recommends that updated profile surveys be conducted next fall, preferably
within three (3) months of the start of construction.
Thank you for the opportunity to comment on this project. Please direct any questions or
concerns to Kathy Matthews, of my staff, at [e-mail]. Please note that
Service staff are teleworking almost exclusively, and email is the best way to reach us.
Sincerely,
Pete Benjamin
Field Supervisor
cc (via email):
Maria Dunn, NCWRC
Jonathan Howell, NCDCM
Heather Coats, NCDCM
Twyla Cheatwood, NMFS
Robb Mairs, NCDEQ
Tyler Bensen, NCDEQ
for