20191120_ltr_FWS_FEMA_OakIsland Dune.pdf

aPa{�µt a.r T"'F United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
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�. =' ,9 Post Office Sox 33726 Rc"' 16 Raleigh, North Carolina 27636-3726
November 20.2019
Ms. Chelsea Klein
Environmental and historic Preservation Advisor
U.S. Department of Homeland Security
FEMA Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341-4112
Subject: Town of Oak Island Dune System
FEMA Project PA-04-NC-4393-PW-00963175068
Dear Ms. Klein:
This letter is in response to your request for consultation, dated November 14, 2019, for the Town of
Oak Island's proposed dune planting project. The Town seeks financial assistance to plant a total of
330.496 native dune plants along a 44,990 LF emergency berm using Public Assistance (PA) funds
(Dlt-4393-NC). The Federal Emergency Management Agency (FEMA) has made a determination of
"may affect, not likely to adversely affect" (MANLAA) for sea turtles, piping plover, red knot, and
seabeach amaranth, based upon FEMA's proposed conditions. The U.S. Fish and Wildlife Service
(Service) has also received information concerning the dune planting proposal from the U.S. Army
Corps of Engineers and the Town's consultant (Moffat and Nichol).
The Service received the Town's proposed specifications by email from the consultant, on NoN-eniber
14, 2019. The Town proposes to conduct dune planting from the winter season through August 31 of
2020 and 2021. Dune planting is to be conducted only on the dune crest and the landward slope of the
dune. and not the ocean -ward dune slope. The Town proposes to utilize dune planting equipment
Without restrictions from November 161h through April 30, and provides the following conservation
measures for work conducted between May 1 and November 1 5:
A. Light vehicles, such as an ATV or UTV, may be driven or parked on the berm in dry sand or in
wet sand. Vehicles must not be driven on the dune at any time.
B. A pick-up truck (or similar vehicle) may be driven or parked below the normal high tide line
(or wrack line), in wet sand. For this project, that line is typically marked by shell deposits at
the top of the high tide swash zone.
C. Any sand ruts created from traversing or parking on the beach should be removed by the
responsible party.
The Service recognizes the difficulty in limiting dune planting to the winter work window. Because
the Town is only proposing to plant the dune crest and landward slope of the dunes (where sea turtle
nests are less likely), and proposing to use light vehicles and park any larger vehicles in «.et sand.
formal consultation is not required. We believe that the conservation measures proposed above, along
with the additional conditions listed below, will avoid and minimize impacts to listed species,
particularly sea turtles and seabeach amaranth. If FEMA requires the conservation measures (A-C)

listed above and the conditions (1-10) listed below, then the Service can concur with the MANLAA
determination for our listed species (even if the work is performed between May I and November 15):
1. The limits of tile expected planting area for each day should be marked on the beach the night
before, to inform the sea turtle patrol of the limits of the day's work. Physical markings may
consist of a flagged stake at each end of the designated planting area.
2. Driving on beach or dune planting should begin only after sea turtle patrol has confirmed
nesting/false crawls within the designated work area. Daily coordination should be conducted
between sea turtle volunteers, the dune planting contractor, and NCWRC to ensure that the
beach has been adequately surveyed and nests marked, prior to beginning of work. Coordinate
with Maria Dunn(maz•ia.dunn(ir,.ncwildlife.ora) or Matthew Godfrey
(i-natt.god#rep.- ,ncwildlife.ora) at NCWRC to establish the procedures for each project. Work
should not be conducted at night.
3. By the end of each day, any sand ruts created from traversing or parking on the beach should
be removed by the responsible party.
4. An irrigation system should not be installed.
5. A buffer distance of 50 feet should be marked at all nests and false crawls identified within the
work area, in which no power equipment or vehicles should be used.
b. A buffer distance of 20 feet should be marked at all sea turtle nests and false crawls identified
within the work area, in which no hand planting should be completed.
7. if a nest(s) cannot be safely avoided during construction, all activity within the affected project
area should be delayed until complete hatching and emergence of the nest.
Nighttime storage of equipment or materials should be off the beach (landward of the dune
crest).
9. Existing native dune vegetation should be disturbed only to the minimum extent necessary.
10. Notification of completion should be provided to the Service and NCWRC, including the
location of the area(s) planted. Areas should be identified using street addresses, ]at/longs, or
landmarks, as available. Notification by email is acceptable.
11. In the event a nest is disturbed or uncovered during planting activity, all work should cease and
notifications made to the U.S. Fish and Wildlife Service's (Service) Raleigh Ecological
Services Field Office (919-856-4520, ext. 27) and to the NCWRC (252-241-7367).

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Thank you for the opportunity to consult on this project. If you have any questions or concerns.
please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at
<kathryn_matthewsrifws.gov >. x
cc:
Fritz Rohde, NOAA Fisheries, Beaufort
Maria Dunn, NCWRC, Washington
Heather Coates, NCDCM, Washington
Chad Coburn, NC DWR, Wilmington