20081615 Ver 5_WRC Comments_20190304

Q North Carolina Wildlife Resources Commission [,�
Gordon Myers, Executive Director
MEMORANDUM
TO: Heather Coats
NC Division of Coastal Management
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: February 26, 2019
SUBJECT: CAMA Dredge/Fill Permit Modification #22-09, Town of Topsail Beach, Pender County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification request with regard to impacts on fish and wildlife resources. The project site is located
within the waters of New Topsail Inlet, Banks Channel, Topsail Creek, the Banks Channel Connector,
and 4.56 miles of oceanfront shoreline in Topsail Beach, NC. Our comments are provided in accordance
with provisions of the Coastal Area Management Act (G. S. I I3A-100 through I I3A-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 Topsail Beach proposes to modify existing USACE Permit # SAW -2013-0040 and NC
Division of Coastal Management Permit # 22-09 to perform maintenance dredging and dredge footprint
expansion with placement of beach quality material on the oceanfront beach. A public notice was
circulated by the USACE that was reviewed and commented on by NCWRC (Dunn 30 April 2018).
Comments were also submitted on a permit application circulated by NC Division of Coastal
Management (NCDCM) (Dunn 17 August 2018). Several state and federal resource agencies expressed
concern regarding the project proposal. Subsequent discussion, consultation and changes were made to
the permit application to address impacts to primary nursery areas (PNA) and foraging habitats for
wintering piping plover (Charadrius melodus) and red -knot (Calidris canutus Tufa). A biological opinion
(BO) has been received by the applicant from the US Fish and Wildlife Service (USFWS) to address
impacts to listed species since the original permit application submittal.
The NCWRC has reviewed the project changes and has considered the avoidance and minimization
measures presented to minimize impacts to wildlife resources such as shorebirds and sea turtles. We do
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

not object to the new channel alignment and project area due to the channel's repositioning father away
from piping plover and red knot wintering habitat. New dredging within the PNA has also been
eliminated. There are still considerable important habitat areas within the project, so measures should be
in placed to protect important wildlife resources. The NCWRC supports moratoria requested by the NC
Division of Marine Fisheries (NCDMF) to protect marine fishery resources. In addition, we request a
May 1 — November 15 moratorium for beach placement activities (including mobilization and
demobilization) to protect nesting sea turtles. Often an April 1 — August 31 moratorium is requested to
protect nesting shorebirds. This overlaps with the nesting sea turtle moratorium with exception to the
month of April. The NCWRC will not request the month of April if all construction equipment and
activity is kept off the bare sand area adjacent to the inlet (the inlet spit) and no intertidal areas (shoals)
within the project area are dredged throughout the month. The Town previously installed a pipe through
the dune system that should allow nourishment activities without disturbance to this adjacent inlet beach
area.
The NCWRC appreciates the opportunity to review and comment on this permit modification. Please
contact me at [phone] or at maria.dunn(c-r�,ncwildlife.org with any additional information,
comments, or questions.