WRC Comments_Town of Oak Island #31-20 mod

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
NC Division of Coastal Management
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division

DATE: March 12, 2021

SUBJECT: CAMA Dredge/Fill Permit Modification for Town of Oak Island, Permit #31-20,
Brunswick County, North Carolina.

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification with regard to impacts on fish and wildlife resources. The project sites include the
previously permitted area under Permit #31-20 as well as an additional 26,100’ of ocean shoreline within
two reaches. These reaches encompass McGlamery Street to SE 63rd and from between 7th/10th Place
West to the West End Beach Access. Approximately 304 acres of Jay Bird Shoals and 180 acres of the
Central Reach borrow area will be directly affected as borrow sources. 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, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).

The Town of Oak Island proposes to dredge a total of 484 acres of Jay Bird Shoals and the Central Reach
borrow area to obtain 1.667 MCY of sand to place along the area of Oak Island referenced above, filling
63 acres of beach above MHW and 134 acres of intertidal and near shore shallow bottom. The beach
would be filled to an elevation of +7’ NAVD88 with a 20:1 slope to tie into the existing grade from -1’ to
-9’ NAVD88 (MLW = -2.9’ 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, constructed
with a 10’ wide dune crest and a 4:1 slope on the waterward side and a 5:1 slope on the landward side of
the “starter dune”. This design advances the alignment right at or even waterward the existing MHW line.
The previously permitted borrow area within Jay Bird Shoals was divided into three zones: Zone 1 with
excavation to -27’ NAVD88; Zone 2 with excavation to -31’ NAVD88; and Zone 3 with excavation to -
27’ NAVD88. The current modification requests to expand the dredge limits by increasing the dredge
depth in Zone 1 to -26’ (+2’) NAVD88, Zone 2 to -35’ (+2’) NAVD88 and Zone 3 to -27’ (+2’)
NAVD88. Jay Bird Shoals is currently being excavated for nourishment activities on Oak Island and Bald
Head Island with certain areas being avoided for cultural resources and utilities. To minimize impacts to
public trust and environmental resources, the applicant proposes to utilize existing permanent beach
Page 2

accessways for heavy equipment access and locate staging areas for construction equipment off the beach
except for the allowance of daily equipment staging seaward the dune line. Work would be limited to
November 16 – April 30. The applicant has also made a commitment to sand compatibility monitoring.

The NCWRC has reviewed the permit modification and has the following comments:

• All previous permit conditions and monitoring requirements for NCDCM Permit #31-20 and
SAW 2018-02230 should be upheld. These were requested and issued to ensure protection of
biological and environmental resources and may include moratoria, construction methodologies,
surveys, monitoring, and reports.

• Oak Island exhibits the highest density of sea turtle nests for the state of North Carolina. Species
that may use this area includes Kemp’s Ridley (Lepidochelys kempi), hawksbill (Eretmochelys
imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green
(Chelonia mydas) sea turtles. To minimize impacts to nesting sea turtles, the nesting sea turtle
moratorium, May 1 – November 15 or until the last known sea turtle nest has hatched, should be
observed. This includes the removal of heavy equipment and any remediation that may be needed
on the beach.

• An April 1 – August 31 moratorium is often requested to protect nesting shorebirds. This overlaps
with the nesting sea turtle moratorium with exception to the month of April. The NCWRC will
still not request the month of April for this project since it appears construction equipment and
activity will not be near the bare sand area adjacent to the inlets (the inlet spits) where many
protected avian species forage and nest. If these areas are included or are affected during
nourishment activities, the month of April should be added to the moratorium with no activities
occurring within shorebird habitat areas.

• Beach quality material that is compatible with native beach material and meets the NC Division
of Coastal Management’s 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.

• NCWRC has concern with the lack of beach or beach berm forward the constructed dunes in
portions of the project area. These concerns have been expressed several times to other state and
federal agencies as well as the applicant. The current alignment with the February 22, 2021
adjustment moves the dunes landward between Section 354+00 and 415+00 and proposes a 10’
beach berm waterward the constructed dunes between Stations 310+00 and 380+00. This would
provide more, albeit minimal, protection to the newly constructed dunes. The design that includes
dune construction at the proposed alignment with no beach berm construction will likely lead to
escarped dune faces and negatively affect public beach and sea turtle nesting habitat areas. The
public beach and nesting habitat area after this current proposal will be less than that of the beach
before Hurricane Matthew, a reference point used by the applicant. The applicant has stated that
this is Phase 2 of a three phased project and the beach or beach berm is designed, but not part of
this current proposal. While NCWRC understands the desire of the applicant to construct the
management project in phases, the phases should be done to preserve the entire integrity of the
beach profile. We have concern that while the proposed design may provide dune protection, the
integral beach and beach berm and their protection will be absent, leaving the dune face
Page 3

vulnerable with little to no public beach and sea turtle nesting habitat forward the constructed
dunes. The beach profile should be kept intact with dunes and a waterward beach. Since there is
no timeline or guarantee on the implementation of Phase 3, the proposed design may not have
supplemental management for some time. Realignment of the dunes landward or placement of
additional material for a beach would bolster this design. Beach activities to remedy erosion
events in these areas may further affect the beach profile in a negative manner prior to the next
management event.

• 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.

• Dune grass planting will occur after dune construction. Native grasses will be planted on the dune
crest and the landward slope of the dune. Details have been provided by the applicant and
consultation has occurred with the USFWS and NCWRC. We have provided recommendations
and will continue to coordinate efforts as planting activities will occur after May 1, the start of sea
turtle nesting season. 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

• The Town of Oak Island is currently implementing nourishment activities authorized by Permit
#31-20. The current permit modification request is scheduled to be conducted during the
2021/2022 winter season. The NCWRC has concern with the frequent disturbance of the beach
and borrow areas from this and other projects in the vicinity. These impacts should be assessed
cumulatively, not merely on an individual project basis.

The NCWRC appreciates the opportunity to review and comment on this permit modification. If you need
further assistance or additional information, please contact me at [phone] or at
[e-mail]