20181344 Ver 2_Response to FWS_WRC comments_20191127

Strickland, Bev
From: York, Dawn <[e-mail]>
Sent: Wednesday, November 27, 2019 2:32 PM
To: [e-mail]; Dunn, Maria T.; Smith, Ronnie D CIV USARMY CESAW
(USA)
Cc: Coats, Heather; Twyla Cheatwood - NOAA Federal; David Kelly; Martin, Johnny;
Finegan, Katie; Coburn, Chad; Lisa Stites; fritz.rohde
Subject: [External] Town of Oak Island 2020 Renourishment Project - Response to FWS/WRC
comments
Attachments: 20191121_Itr_FWS_Corps_OI_SAW-2018-02230.pdf, USACE_Town of Oak
Island_NCWRC^.pdf, 2019-11-27_FWS_NCWRC_Response Letter.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Ronnie, as we discussed yesterday, the Town of Oak Island appreciate the opportunity to provide a response to
comments from USFWS and NCWRC associated with the subject project.
The Town is working hard to ensure all necessary state and federal authorizations are in place by mid -December to allow
for construction to begin in early 2020 and be completed within the environmental window. If you need additional
information or clarification on our responses or project details, please don't hesitate to call or email.
Thank you, I hope you and your family have a wonderful Thanksgiving holiday.
Dawn
Da wwYorl1
Senior Coastal Scientist
Moffatt & Nichol
272 N. Front Street, Suite 204 1 Wilmington, NC 28401
P 910.218.7100 x. 30107 1 C 910.612.1152 1 Direct 910.218.7087
To upload large files directly to me, please click HERE
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1

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 21, 2019
Mr. Ronnie D. Smith
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Subject: Town of Oak Island; Dredging of Jaybird Shoals and Beach Sand Placement
Action ID 9 SAW-2018-02230
Brunswick County, NC
Dear Mr. Smith:
This is in response to the public notice, dated October 22, 2019, concerning the Town of
Oak Island's proposed dredging and beach nourishment project, on Oak Island and in the
adjacent Atlantic Ocean. The U. S. Fish and Wildlife Service (Service) has reviewed the
public notice, project narrative and plans, and the District Engineer's determination of
project impacts, pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as
amended (16 U.S.C. 1531-1543). We also discussed this project with you by phone on
November 15, 2019.
Project Area, Proposed Activities, and Anticipated. Impacts
The applicant proposes to dredge a portion of Jay Bird Shoals and place the dredged
material along approximately four miles of shoreline on Oak Island for beach
nourishment. The proposed disposal would involve the discharge of dredged material into
approximately 122 acres of waters of the United States, specifically 72 acres of intertidal
open waters and 50 acres of subtidal open waters, along approximately four miles of
shoreline. The proposed dune/bean would be constructed at 13.5 to 14.5 feet NAVD88.
In a related but separate effort, approximately 8.5 miles of dune./berm is proposed to be
planted with native dune vegetation (four miles this coming year, and 4.5 miles in the
next year). The dune crest and landward side of the dune is proposed for planting, but
not the ocean side. The Federal Emergency Management Agency (FEMA) has also
contacted us to consult on the dune planting activities, which it may fund.

1)
The applicant has identified an approximate 304-acre sand source site for the acquisition
of beach -compatible material suitable for placement along the Oak Island shoreline. The
applicant proposes to dredge approximately 1.1 million cubic yards of material from Jay
Bird Shoals to address sediment losses, as well as ensure improved beach widths along
this portion of Oak Island. Sediment identified within the Jay Bird Shoals borrow site
will be excavated by a hopper or cutterhead dredge and pumped by submerged pipeline to
the disposal area. Three different zones and dredge depths have been identified in Jay
Bird shoals with the intention to maintain the integrity of the shoal and minimize the
effect on the nearshore wave environment.
Federally Protected. Species
The Service has reviewed available information on federally -threatened or endangered
species known to occur in Brunswick County. Our review indicates that several species
may occur in the project area, including the West Indian manatee (Trichechus manatus),
piping plovers (Charadrius melodus melodus), red knot (Calidris canutzrs rufa) seabeach
amaranth (Amaranthus puniilus), and the Kemp's Ridley (Lepidochelys kempi), hawksbill
(Ereanochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta
caretta), and green (Chelonia mydas) sea turtles.
The Corps has determined that the project may' -covered using the Statewide
Programmatic Biological Opinion for North Carolina Beach Sand Placement (SPBO).
The public notice states that the applicant intends to comply with the terms and conditions
and reasonable and prudent measures required by the SPBO. For West Indian manatee, the
Corps has requested concurrence with a determination of may affect. The proposed dune
planting is not covered by the SPBO, but the Corps has determined that the dune planting
activities are outside of its jurisdictional area (i.e. above the normal high tide line).
Service Comments and Recommendations
I. The Service agrees that the sand placement portion of the project is covered by the
SPBO. We appreciate that the applicant has acknowledged the need to comply with the
terms and conditions (T&Cs) and reasonable and prudent measures (RPMs) of the SPBO.
In particular, the Service has discussed with you the requirement (RPM and T&C AA) to
remove debris and large amounts of rock from the fill template before sand is placed.
The Service agrees that only surface rock needs to be removed, pursuant to this condition.
Please contact our office if there are other questions concerning the T&Cs, prior to the
pre -construction meeting.

2. Timing of the project and sand compatibility are significant requirements of the
SPBO. The Service has reviewed the Geotechnical Report for the Jaybird Shoals borrow
area, and notes that some of the core samples show large amounts of granular material
and high carbonates. In addition, the wet Munsell color of some of the core samples are
quite dark (values of 3 or 4). Wet Munsell color of the borrow material should be similar
to the native beach material, and should typically have a value greater than 5 (regardless
of the hue or chroma). It may be that as material is mixed during sand placement, the
color value of the material will be sufficiently light, and the amount of granular material
will be insignificant. However, it will be important for the applicant to ensure that the
material is suitable prior to placement on the beach.
3. In order to avoid and minimize impacts to the West Indian manatee, the Service
recommends that any authorization for the project require adherence to the Service's
2017 Guidelines for Avoiding Impacts to the West Indian Manatee.
4. The Service recognizes that the dune planting activities are in an area that is outside of
the Corps' typical jurisdiction. The Service intends to consult with FEMA for the dune
planting portions of the project, and does not expect the Corps to include the dune
planting activities in its authorization. PIease notify us if the Corps decides to include
dune planting in the authorized activities.
Thank you for the opportunity to comment on this project. If you have questions, please
contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at
<[e-mail] fws.gov >.
r field supervisor
cc:
Fritz Rohde, NOAA Fisheries, Beaufort
Maria Dunn, NCWRC, Washington
Heather Coates, NCDCM, Washington
Chad Coburn, NC DWR, Wilmington

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Ronnie Smith
Wilmington Regulatory Field Office
US Army Corps of Engineers
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: November 21, 2019
SUBJECT: Public Notice for Town of Oak Island, Brunswick County, North Carolina
SAW-2018-02230
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the public notice
with regard to impacts on fish and wildlife resources. The project sites are an approximate four -mile area
of the ocean shoreline of Oak Island from 10`h Place West to SE 63' Street and 304 acres of Jay Bird
Shoals, approximately one mile from the shoreline of Oak Island along the northern part of the shoal
feature. 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 portion of Jay Bird Shoals and place the material along the
four -mile reach of Oak Island mentioned above, filling 72 acres of intertidal open waters and 50 acres of
subtidal open waters. The beach would be filled to an elevation of +7' NAVD88 with a 20:1 slope along
with dune construction at an elevation :ranging from +13.5' to +14.5' NAVD88, constructed with a 6'
wide crest at a 5:1 slope. This design moves the frontal dune area of the beach profile approximately 35'-
65' waterward the pre -Matthew profile for 30% of the project area. The remaining sections follow the
historical dune profile more closely. The applicant estimates approximately 100' of material would be
placed waterward the current MHW line, with a maximum projected distance of 330' placed below
MHW. 1.1 million cubic yards of material would be removed from Jay Bird Shoals. The borrow area has
been divided into three zones: Zone 1 would be excavated to -27' NAVD88; Zone 2 would be excavated
to -31' NAVD88; and Zone 3 would be excavated to -27' NAVD88. Jay Bird Shoals has been excavated
for nourishment activities on Bald Head Island with certain areas being avoided for cultural resources and
utilities. The material would be dredged either by a hopper dredge and transported to offshore temporary
mooring and then pumped to shore via, pipeline or excavated via cutterhead dredge and piped directly to
the shore from the borrow area. To mi%imize impacts to public trust and environmental resources, the
applicant proposes to utilize existing permanent beach accessways for heavy equipment access and locate
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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 public notice and has following comments:
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
imbdcata), 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 1November 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
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 to be included during nourishment
activities, the month of April should be avoided.
— The recovery of the borrow area, Jay Bird Shoals, is important to many marine species and other
parties interested in using the site for borrow material. Recovery studies and surveys should be
continued to determine the rate at which the shoals are recovering. The integrity of the system
should not be significantly compromised_
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.
— The applicant states this proposal is the first of several projects aimed at reconstructing dunes and
expanding the beach width. While we understand this is a multi -phased project, it should be noted
that the width of the recreational beach after this current proposal will be less than that of the
beach before Hurricane Matthew. This is may be influenced by the waterward movement of the
frontal dune system for 30% of the project area. Due to the dynamic nature of the ocean
shoreline, we encourage the design of the dunes to mimic the pre -Hurricane Matthew profile as
much as possible. Movement df the dunes waterward may noticeably reduce beach width used
recreationally and for sea turtle nesting. It may also increase escarpments along the beach if the
beach width is reduced so the tides reach the dunes and erodes the dune face more readily.
The NCWRC appreciates the opportunity to review and comment on this public notice. If you need
further assistance or additional information, please contact me at [phone] or at
maria.dunna7ncwildlife. orU

4700 Falls of Neuse, Suite #300
,,,, Raleigh, NC 27609
m o f f a f i & n i a h o l [phone]Fax: [phone]
www.moffattnichol.com
November 27, 2019
Mr. Ronnie Smith
Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Ave.
Wilmington, NC 28403
RE: Town of Oak Island, Dredging of Jaybird Shoals and Beach Sand Placement
Action ID# SAW-2018-02230
Brunswick County, NC
Dear Mr. Smith,
The Town of Oak Island received comment letters from the North Carolina Wildlife Resources
Commission and the US Fish and Wildlife Service, dated November 21, 2019 concerning the above
referenced project. The Town of Oak Island provides the following responses to the comments:
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.
Response: Concur. The Town will comply with all dune planting conditions.
2. 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, the NCWRC will
not request the month of April as a moratorium to protect nesting shorebirds. If these areas are
to be included during nourishment activities, the month of April should be avoided.
Response: Concur.
3. The recovery of the borrow area, Jay Bird Shoals, is important to many marine species and other
parties interested in using the site for borrow material. Recovery studies and surveys should be
continued to determine the rate at which the shoals are recovering. The integrity of the system
should not be significantly compromised.
Response: The Town has committed to the collection of pre -construction and post -construction
bathymetric surveys to evaluate volume extracted from the borrow area. The Town is planning on
requesting state and federal authorization to utilize the Jay Bird Shoals borrow area for a
subsequent beach renourishment project in winter 2020/2021. Bathymetric surveys collected in
future years would allow for the Town to observe recovery of the borrow area.
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November 27, 2019
4. 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 with the borrow source to obtain compatible material.
Response: Concur. The Town has specified to the contractor to conduct visual observations of
the material every third day with results submitted the same day. Every seventh day of the week a
detailed sediment analysis will be submitted to further verify material compatibility. If at any point
non -compatible material is observed, construction will stop, and agencies will be notified.
5. Due to the dynamic nature of the ocean shoreline, we encourage the design of the dunes to mimic
the pre -Hurricane Matthew profile as much as possible. Movement of the dunes waterward may
noticeably reduce beach width used recreationally and for sea turtle nesting. It may also increase
escarpment along the beach if the beach width is reduced so the tides reach the dunes and erodes
the dune face more readily.
Response: Concur. The Town chose to keep a consistent dune design across the beach for
uniformity, ease of construction, providing protection, and matching what existed in some
portions of the beach pre -Hurricane Matthew. By also incorporating a sloped berm in front of the
dune, the intent is to prevent the tides from reaching the dune and eroding the dune face more
readily. The sloped berm will provide recreation width and enhance sea turtle nesting habitat. The
existing recreation berm is flat and inundated by daily tides, resulting in unsuitable habitat for sea
turtle nesting.
6. The Service agrees that the sand placement portion of the project is covered by the SPBO. We
appreciate that the applicant has acknowledged the need to comply with the T&Cs and the RPMs
of the SPBO. In particular, RPM and T&C A.4 to remove debris and large amounts of rock from
the fill template before sand is placed. The Service agrees that only surface rock needs to be
removed, pursuant to this condition.
Response: Concur. The Town has committed to the removal of debris and rock from the surface
by the contractor prior to beach placement. Debris and rock will be removed through the use of
a rake that penetrates 3 inches into the surface. Material will be disposed of in an offsite location.
7. The Service has reviewed the Geotechnical Report for the Jaybird Shoals borrow area, and notes
that some of the core samples show large amounts of granular material and high carbonates. In
addition, the wet Munsell color of some of the core samples are quite dark (values of 3 or 4). It
will be important for the applicant to ensure that the material is suitable prior to placement on the
beach.
Response: Concur. The Town placed the vibracores in the sun for a period of two months to
observe any color changes. These color changes were recorded in Appendix B, Geotechnical
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November 27, 2019
Report, provided in the permit application. The results of the material being exposed to the sun
for two months resulted in all vibracores exhibiting Munsell color of 5 and greater.
8. In order to avoid and minimize impacts to the West Indian manatee, the Service recommends that
any authorization for the project require adherence to the Services' 2017 Guidelines for Avoiding
Impacts to the West Indian Manatee.
Response: Concur.
9. The Service intends to consult with FEMA for the dune planting portion of the project and does
not expect the Corps to include the dune planting activities in its authorization.
Response: Based on discussions with FEMA and leadership within the USACE Wilmington
District, the dune planting portion of the project will be covered under the USACE's authorization
to maintain one federal permit for the applicant. Coordination with FEMA will continue.
Sincerely,
MOFFATT & NICHOL
Johnny Martin, PE
Senior Coastal Engineer
cc: Maria T. Dunn, NCWRC
Peter Benjamin, FWS
Kathy Matthews, FWS
Fritz Rohde, NOAA Fisheries
Heather Coats, NCDCM
Chad Coburn, NC DWR
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