20040561 Ver 4_Other Agency Correspondence_20200609

Strickland, Bev
From: Deaton, Anne
Sent: Tuesday, June 9, 2020 10:52 AM
To: Mairs, Robb L
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Attachments: USACE_BHI Frying Pan Shoals _NCWRC 2017.pdf, VBHI JBS Renourishment Comments
Signed CW2017.pdf, VBHI-Frying PanShoals_2012-00040_3aLetter_FINAL_09 NMFS
Mar20l7.pdf
Here they are. Also NMFSs.
From: Mairs, Robb L
Sent: Tuesday, June 9, 2020 10:39 AM
To: Deaton, Anne <[e-mail]>
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Yeah, I'm not sure on all that, but he indicated it was elevated to headquarters. Do you have the 2017 DMF or WRC
comments as well?
From: Deaton, Anne
Sent: Tuesday, June 9, 2020 10:13 AM
To: Mairs, Robb L <[e-mail]>
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Hmm. I think Twyla told me the Corps wasn't passing along to them.
Anne
From: Mairs, Robb L
Sent: Tuesday, June 9, 2020 9:28 AM
To: Deaton, Anne <[e-mail]>
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
I'm just getting up to speed on the project, and eventually found out who's handling the project with the Corps. I heard
from Ronnie Smith that this was elevated up to headquarters, and NMFS was involved.
From: Deaton, Anne
Sent: Tuesday, June 9, 2020 9:13 AM
To: Mairs, Robb L <[e-mail]>
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
NMFS isn't commenting!
From: Mairs, Robb L
Sent: Tuesday, June 9, 2020 9:12 AM
To: Deaton, Anne <[e-mail]>
Subject: RE: Bald Head Island Major Mod Nourishment w Frying Pan Shoals

Thanks Anne.
From: Deaton, Anne
Sent: Tuesday, June 9, 2020 9:11 AM
To: Mairs, Robb L <[e-mail]>
Subject: FW: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
From: Deaton, Anne
Sent: Friday, June 5, 2020 2:31 PM
To: Coats, Heather <[e-mail]>
Cc: Murphey, Steve <[e-mail]>; Lupton, Dee <[e-mail]>; Davis, Braxton C
<Braxton. Davis@ WIDEN R.Gov>
Subject: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Comments from NCDMF are attached.
Anne
Anne Deaton
rlakitat anc F nkancement,-jection
NC Division of urine Fisheries
anne.cleaton@ncJenr.i�!ov
910-796-751 1
4D
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Cf North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Ronnie Smith
US Army Corps of Engineers, Wilmington District
And
Karen Higgins
NC Division of Water Resources
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: March 9, 2017
SUBJECT: Public Notice for Village of Bald Head Island, Frying Pan Shoals Project,
Brunswick County, North Carolina.
SAW-2012-00040
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the public notice
with regard to impacts on fish and wildlife resources. 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 Village of Bald Head Island is proposing to perform groin fillet maintenance and beach nourishment
along the shoreline of Bald Head Island, including West Beach and South Beach, with material dredged
from Frying Pan Shoals. This site proposal would be for the current request as well as future nourishment
events. An approximate 460-acre source site has been identified on the western side of Frying Pan Shoals,
approximately 1 mile offshore of Bald Head Island. Sediment identified would be excavated by cutter
head dredge and pumped to shore, providing an overall site capacity of 5.2 million cubic yards. Within
this borrow area is a 9.73 exclusion zone to address historic properties / cultural resources. Physical
monitoring of the dredge borrow site would be monitored immediately after construction, annually for
three years, and biennially afterward. The footprint of each monitoring survey would include the entire
permitted site as well as the area of excavation within and any changes in morphology to the Frying Pan
Shoals formation.
This current proposal is stated to be phase two of the terminal groin installation project. Although we
understand that the initial proposal included nourishment to accompany the groin, information should be
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Bald Head Island, Frying Pan Shoals Page 2 March 9, 2017
provided to show the need for the nourishment after structure construction. It may be that the structure has
not been in place long enough to accurately model sediment transport and need for nourishment. This is
of importance due to environmental impacts to the sediment borrow source and oceanfront beaches during
nourishment activities.
Frying Pan Shoals provides important marine fishery habitat. Removal of material from this area may
alter these habitat areas significantly. Although the NCWRC generally voices concern with impacts to
more anadromous, estuarine, and inland fish species, we strongly encourage the applicant and permitting
agencies to coordinate with and incorporate concerns and management practices recommended by state
and federal marine resource agencies.
Independent of source material location and sediment compatibility, projects that affect oceanfront
beaches and natural inlet processes such as beach nourishment, inlet dredging, inlet relocation and the
construction of hardened structures on or along beaches may adversely affect nesting sea turtles and
shorebird foraging and nesting areas. Due to the scope of this project and the documented use of the
beaches by sea turtles and shorebirds, the NCWRC has the following comments and recommendations:
— The NCWRC has an established sea turtle nesting moratorium that reduces the potential for
unintended impacts to nesting sea turtle species that frequent the coast of North Carolina. To
avoid impacts to these species, all work on the oceanfront shoreline, including mobilization and
demobilization for all beach nourishment events should be conducted outside of the sea turtle
nesting season which runs from May 1 until November 15, or until the last known sea turtle nest
has hatched.
— Oceanfront beaches on Bald Head Island provide suitable nesting, foraging and roosting areas for
multiple shorebird species. Nesting birds are sensitive to increased human activity and other
disturbances around their nesting areas. To limit unintended impacts to nesting bird species in
and near the project area, all work should adhere to the shorebird nesting period from April 1
until August 31.
— Survey and monitoring reports should be provided to the appropriate parties in a timely manner
and consultation should be done with regulatory and resources agencies prior to ceasing or
changing any survey or monitoring activity.
— As stated in our comments provided during the review of the terminal groin application, regular
nourishment events could potentially impact benthic invertebrate populations Benthic
invertebrates are an important food source for foraging birds, both resident and migratory, during
both the breeding and nonbreeding seasons. Regular beach nourishment events, such as every
five years, can reduce benthic populations when populations are not given appropriate time for
recovery.
Thank you for the opportunity to review and comment on this public notice. Please feel free to contact me
at [phone] or at maria.dunn(kncwildlife.org if there are any questions or comments pertaining to
this project.

ROY COOPER
Governor
It MICHAEL S. REGAN
Secretary
" BRAXTON DAVIS
coastat anagoment Director
ENWROFl MENTAL QUALITY
MEMORANDUM:
TO: Heather Coats, DCM Assistant Major Permit Coordinator
THROUGH: Doug Huggett, DCM Major Permits Coordinator
FROM: Curt Weychert, DCM Fisheries Resource Specialist
SUBJECT: Village of Bald Head Island/Frying Pan Shoals
DATE: July 6, 2017
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has
reviewed the subject permit application for proposed actions that impact fish and fish habitats. The
applicant has identified a 472-acre sand borrow site located on Frying Pan Shoals to discharge the
dredged material along the shoreline of Bald Head Island, including West Beach and South Beach,
for groin fillet maintenance and beach nourishment. The applicant currently has a permit that
authorizes the use of Jay Bird Shoals for groin fillet maintenance and beach nourishment in cases
where the applicant could demonstrate the dredging fill material from the federal channel to the Cape
Fear was not practicable. The applicant has identified an approximately 472-acre area along the
western edge of Frying Pan Shoals approximately 1 mile off the southeast shoreline of Bald Head
Island. Material would be excavated by a cutter suction dredge and pumped by submerge pipeline to
the South Beach shoreline. The sand volume to -20' NAVD 88 would yield 5.2 million yards and the
sand volume to -25' NAVD88 is 8.5 million yards. The applicant also proposes to cut a fairway into
the western side of the proposed borrow site from the -20' contour. The width of this fairway would
not exceed 400' and would affect approximately 22.5 acres.
Impacts to Fisheries Resources
There are significant concerns over the potential negative impacts to fisheries resources that could
arise from the dredging of Frying Pan Shoals. North Carolina's cape -associated shoals represent a
significant and unique habitat. The cape -associated shoal complex is designated as Essential Fish
Habitat (EFH) by the National Marine Fisheries Service (NMFS) as well as the South Atlantic
Fishery Management Council for several different fish species such as tuna, swordfish, billfish,
coastal and pelagic sharks, cobia, mackerel species and invertebrates such as sea scallop, Atlantic
surfclam, ocean quahog, stone crab, and brown, pink, royal red, and white shrimp) (NMFS 2013).
Additionally, The SAFMC designates these areas as Habitat Areas of Particular Concern (HAPC),
meaning that these areas are rare, sensitive to disturbance and stress, and important to the ecosystem
function of shrimp, snapper/grouper complex, and coastal migratory pelagic species. NMFS further
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

designates several species which inhabit the project area of the cape shoal features as Aquatic
Resources of National Importance (ARNI) (i.e., bluefish (Pomatomus saltatrix), spotted seatrout
(Cynoscion nebulosus), croaker (Micropogonias undulatus), southern flounder (Paralichthys
lethostignia), blue crab (Callinectes sapidus), Spanish mackerel (Scomberomorus maculates),
pompano (Trachinotais carolinus), and penaeid shrimp).
Along the Cape Fear River, smaller blue crab (Callinectes sapidus) (juvenile and sub adult) are
common just outside the inlet as well as in structural habitats and shallow areas of the estuary (Posey
et al. 2005). Shoals extending perpendicular from shore account for an average 22% of shrimp
landed in North Carolina (NCDMF Shrimp Fishery Management Plan Draft Amendment 1, 2015).
Dredging sand from Frying Pan Shoals will result in the physical removal of benthic invertebrate
communities. These epifauna and infauna species provide a food source for benthic and pelagic fish
and invertebrates as a source of food. By removing this foraging habitat, benthic -pelagic coupling
may be interrupted until recruitment and recolonization occurs.
The shallow nature of shoaling features offer physical and chemical advantages as well. Shoal crests
are more shallow than the sea floor and can provide a refuge from hypoxia (Dubois et al. 2009) as
well as allow more light penetration to increase benthic diatoms (Grippo et al. 2009) providing
productive foraging areas. These shoal features act as current baffles which create barriers to nutrient
inputs (Brooks et al. 2006). Schooling planktivores (e.g. menhaden (Brevoortia tyrannus), anchovies,
herring and scad) collect in these areas and often attract pelagic predators such as mackerel, cobia,
and sharks. Removal of sand from Frying Pan Shoal could fragment the habitat and negatively affect
these fish populations.
The physical characteristics of sand placed on beaches is critically important for nesting sea turtles.
Sea turtles can be affected by the sands placed on nourished beaches. Temperature fluctuations as
minimal as 1-2°C are enough to change the sex of a developing embryo (Milton et al. 1997). The
U.S. Fish and Wildlife Service Programmatic Biological Opinion (BO) for the state specifically
mentions Bald Head Island as nesting areas for loggerhead turtles (Caretta caretta), green turtles
(Chelonia mydas), and leatherback turtles (Dermochelys coriacea) because there are nest records for
these species since 2000. Additionally, Bald Head Island is listed as critical habitat for loggerhead
turtles. For these reasons, it is strongly suggested that any sand placed on the beach be evaluated by
appropriate resource agencies to ensure that all sand is appropriate to prevent any adverse effects to
existing turtle habitat.
Recommendations
Based on the above discussion, the DMF recommends denial of the permit application for this project
as proposed because it will have significant adverse impacts on marine and estuarine fisheries, fish
habitat, and fishing activity at the project site based on the information included in the application.
The DMF may revise its recommendation if the following specific information is provided:
1. An Environmental Impact Statement (EIS) through the USACE
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

2. Impacts to Larval Transport - Dredging in Frying Pan Shoals can potentially interfere with the
passage of larvae and early juveniles from offshore spawning grounds into estuarine nursery
areas. Successful transport of larvae through the inlet occurs within a narrow zone parallel to
the shoreline and is highly dependent on along -shore transport processes. DMF requests a
detailed scientific field investigation, analysis, and modelling of larval transport dynamics that
exist around Frying Pan Shoals currently and how that will change based on the proposed
dredging activity. This information should be used to model estimated impacts of the dredging
to larval ingress and egress through the inlet.
3. Sediment Transport - The proposal to dredge a hole, nearly 20 feet deep in some locations, in
the shoal connected to adjacent water depths via a fairway could negatively and potentially
permanently alter the habitat on the shoal. Frying Pan Shoal is classified as a relict shoal
receiving much of its sand deposits from the Holocene and Pleistocene periods (Rutecki et al.
2014). These relict shoals take long periods of time to form and may not recover at rates
necessary to sustain recurring borrow activities.
The applicant states that the site of Frying Pan Shoals is intended to be a source for the next
several decades, however, it is unknown how currents, wind, and storm events will respond
spatially and temporally to removal of sand from the shoal. In addition, no studies have been
performed to investigate the type of material that is expected to be deposited within the
footprint of the excavated area. The concern to fisheries resources is that if incompatible
materials fill the dredged footprint, new borrow sources will be sited on the shoal resulting in
cumulative impacts to the habitat. DMF requests that a sediment transport model be used to
investigate the previously mentioned concerns.
4. DMF would also like to see the applicant explore alternative sand sources that may have less
significant impacts to critical fisheries habitats; this would include previously permitted
alternative borrow sources described below.
Bald Head Creek
Bald Head Creek Shoal has been previously permitted as a borrow source for West Beach and Row
Boat Row. The applicant has identified the remains of 250,000 cubic yards of existing beach
compatible sand resource which has already been biologically and physically evaluated though
monitoring and vibracores, respectively. The applicant states that this source of sand is not viable
because it is designated for "offsetting any future adverse effects of the terminal groin." The purpose
of this application is to place excavated sand on the areas in and around the footprint of the terminal
groin fillet, and would further protect the shoreline impacted by the terminal groin. It is preferable to
use an existing permitted and biologically monitored borrow source be utilized en lieu of a new
borrow source with unexamined and undetermined effects.
Jay Bird Shoals
Jay Bird Shoals has been identified by the applicant as an alternative sand source for the West Beach
and South Beach maintenance areas. The applicant states that suitable sediment has been identified to
-22ft NGVD and had previously used 1.58 million cubic yards of material on a previous project in
2009/2010. The applicant states that the last date of physical monitoring completed by LMG was in
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

2013 and identified 1 million cubic yards of sand existing on the borrow source. The applicant
incorrectly states that "permits issued for the recently constructed terminal groin, however, have
conditions which operationally restrict near term excavation of the Jay Bird Shoals borrow area to
250/000 cy." CAMA Permit #91-14 condition 22a states that if the permittee receives modification
to dredge more than 250,000 cubic yards from Jay Bird Shoals, it may be permissible under the
requirements stipulated in condition 22 and 23. I would strongly suggest that this source be further
investigated to see if site characteristics have changed since 2013, and prioritize this previously
permitted and successfully utilized sand source be used to perform maintenance on West and South
Beach before the utilization of Frying Pan Shoals.
Brooks, R.A, C.N. Purdy, S.S. Bell, and K.J. Sulak. 2006. The benthic community of the eastern US
continental shelf. A literature synopsis of benthic faunal resources. Continental Shelf
Research 26:804-818.
Dubois, S., C. Gelpi, R. Condrey, M. Grippo, and J. Fleeger. 2009. Diversity and composition of
macrobenthic community associated with sandy shoals of the Louisiana continental shelf.
Biodiversity and Conservation, 18: 3759-3784.
Grippo, M.A., J.W. Flegger, R. Condrey, and K.R. Carman. 2009. High benthic microalgal biomass
found on Ship Shoal, north -central Gulf of Mexico. Bulletin of Marine Science 84: 237-256.
Milton, S. L., Schulman, A. A., & Lutz, P. L. (1997). The effect of beach nourishment with aragonite
versus silicate sand on beach temperature and loggerhead sea turtle nesting success. Journal
of Coastal Research, 904-915.
NCDMF (North Carolina Division of Marine Fisheries). 2015. North Carolina Fishery Management
Plan for Shrimp. North Carolina Department of Environment and Natural Resources, Divison
of Marine Fisheries.
NMFS (National Marine Fisheries Service). 2013. Summary of Essential Fish Habitat (EFH) and
General Habitat Parameters for Federally Managed Species. Available at
http://www.nero.noaa.gov/hcd/list.htm. Accessed on June 25, 2013.
Posey, M.H., T.D. Alphin, H. Harwell, and B, Allen. 2005. Importance of low salinity areas for
juvenile blue crabs, Callinectes sapidus Rathbun, in river -dominated estuaries in southeastern
United States. Journal of Experimental Marine Biology and Ecology. 319: 8 1 - 100.
Rutecki, D., T. Dellapenna, E. Nestler, F. Scharf, J. Rooker, C. Glass, and A. Pembroke. 2014.
Understanding the Habitat Value and Function of Shoals and Shoal Complexes to Fish and
Fisheries on the Atlantic and Gulf of Mexico Outer Continental Shelf. Literature Synthesis
and Gap Analysis. Prepared for the U.S. Dept. of the Interior, Bureau of Ocean Energy
Management. Contract # M12PS00009. BOEM 2015-012. 176 pp.
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

Contact Curt Weychert at [phone] ext. 213 or Curt.Weychertkncdenr.gov with further
questions or concerns.
State of North Carolina I Environmental Quality I Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-3901

ENT OF
"'ArES Of
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South
St. Petersburg, Florida 33701-5505
hftp://sero.nmfs.noaa.gov
March 9, 2017 F/SER47:KR/pw
Colonel Kevin P. Landers Sr., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Ronnie Smith
Dear Colonel Landers:
NOAA's National Marine Fisheries Service (NMFS) reviewed public notice SAW-2012-00040,
dated February 8, 2017. The Village of Bald Head Island (Village) requests authorization from
the Department of the Army to modify a permit for groin fillet maintenance and beach
nourishment. Specifically, the Village seeks authorization to dredge a portion of Frying Pan
Shoals and place the dredged material along the shoreline of Bald Head Island, including West
Beach and South Beach. The Wilmington District's initial determination is the proposed project
may adversely affect essential fish habitat (EFH) or associated fisheries managed by the South
Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management
Council, or NMFS. For reasons detailed below, the NMFS agrees with this determination and
concludes borrowing sand from Frying Pan Shoals may have long-term impacts to a substantial
amount of shoal habitat the SAFMC designates EFH for cobia, Spanish mackerel, and king
mackerel and the NMFS designates for Atlantic highly migratory species (tuna, swordfish,
billfish, small and large coastal sharks, and pelagic sharks). In accordance with Part IV, Section
3(a) of the Memorandum of Agreement (MOA) between the Department of Commerce and the
Department of the Army, dated August 11, 1992, the NMFS has also determined the mining of
Frying Pan Shoals may lead to substantial and unacceptable impacts to aquatic resources of
national importance (ARNI). As the nation's federal trustee for the conservation and
management of marine, estuarine, and diadromous fishery resources, the NMFS provides the
following comments pursuant to authorities of the Fish and Wildlife Coordination Act and the
Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act).
Description of the Proposed Project
The Village has relied on a variety of shoreline management actions to address chronic erosion
on the western end of South Beach, The Point, and West Beach over the past 18 years. The most
recent project, completed in December 2015, included construction of a 1,300-linear-foot
terminal groin concurrent with a federal beach disposal operation on Bald Head Island. Recent
physical monitoring reports the average annualized loss is 371,700 cubic yards of sand from
West Beach and South Beach. Previous groin fillet maintenance and beach nourishment projects
used material sourced from the Wilmington Harbor Federal Navigation Project and Jay Bird
Shoals. Since 2001, Bald Head Island has received 250,000 to 366,000 cubic yards of sand per
year from the Wilmington Harbor Federal Navigation Project. The Wilmington District has
committed to continue contributing beach compatible sand from the Wilmington Harbor Federal

Navigation Project to the Village for beach nourishment activities. Other sources of material
approved in the current permit for beach disposal are located on Jay Bird Shoal and Bald Head
Creek Shoal.
The Village wants to secure an additional long-term source of material for groin fillet
maintenance and beach nourishment. The Village has identified a borrow source located within
a 460-acre site on the western portion of the Frying Pan Shoals formation, approximately one
mile off the southeast shoreline of Bald Head Island. Sediment would be excavated to a depth up
to -25 feet by cutter suction dredge and pumped by submerged pipeline to the shoreline of Bald
Head Island. The identified borrow site could yield up to 8.5 million cubic yards of sand
material meeting North Carolina's standards for beach compatibility. Because of draft
restrictions to access the borrow source, the Village also seeks authorization for the dredge plant
to excavate a fairway (channel) to access the borrow location. The effective width of the fairway
would not exceed 400 feet and the affected area would be approximately 22.5 acres. The public
notice does not discuss the fate of the material dredged for the fairway, and it is not clear if the
material is suitable for beach disposal. Hence, impacts from dredging the fairway may exceed
the amount stated.
The Village proposes to conduct physical monitoring of the borrow site immediately after
dredging, annually for three years, and biennially thereafter until the permit expires in November
2024. The footprint of each monitoring survey would include the entire permitted nourishment
site as well as the area of excavation within Frying Pan Shoals. The results of the monitoring
would be incorporated into the Village's existing Shoreline Monitoring Program annual report.
The Village does not propose any environmental surveys or ecological studies of affected
fisheries or fish habitat.
Consultation History
The NMFS participated in a scoping meeting with the Village, North Carolina Division of
Coastal Management, North Carolina Wildlife Resources Commission, U.S. Fish and Wildlife
Service, and the Wilmington District on November 4, 2016. The NMFS expressed concerns that
a project of this scope may affect EFH associated with an important cape -associated shoal
complex. The NMFS recommended a more thorough alternatives analysis be completed and
recommended the analysis include additional sources of material from the Wilmington Harbor
Federal Navigation Project (e.g., Outer Ocean Bar and Mid -River) and the Wilmington Harbor
Ocean Dredged Material Disposal Site. The NMFS also recommended the Village investigate
other offshore sand sources not affiliated with the Cape Fear inlet and shoal complex (e.g., Outer
Continental Shelf).
The NMFS commented extensively in review of the Environmental Impact Statement (EIS)
entitled, Village of Bald Head Island Shoreline Protection Project, dated August 2014, and its
EFH Assessment, dated January 2014. The NMFS comments noted significant errors and
omissions in these documents. The NMFS provided guidance on interpretations of impacts to
fisheries. The NMFS provided an EFH conservation recommendation requesting the permit
authorizing the terminal groin and beach nourishment not include dredging of sand from Frying
Pan Shoals without further EFH consultation and in-depth review of environmental impacts. The
2

Wilmington District agreed, and the permit it issued did not authorize dredging in Frying Pan
Shoals.
Essential Fish Habitat and Aquatic Resources of National Importance
Pursuant to the Magnuson -Stevens Act, the SAFMC and NMFS designate EFH within the study
area to include tidal inlets and cape -associated shoal complexes because these areas provide
feeding, resting, and staging habitat for a variety of commercially, recreationally, and
ecologically important fish species. The SAFMC also designates these areas as an HAPC under
the fishery management plans for shrimp, snapper/grouper complex, and coastal migratory
pelagic species because these areas are rare, sensitive to stress and disturbance, and important to
ecosystem function. Understanding how tidal inlets and shoals function to provide habitat is the
product of a complex mix of connections between biological processes and physical factors. The
cape -associated shoal complexes of North Carolina are known "hot -spot" environments where
dense aggregations of fish are supported by local primary production. The SAMFC provides
additional information on the species it manages and their EFH in Fishery Ecosystem Plan of the
South Atlantic Region (available at www.safmc.net), and the NMFS provides additional
information on the EFH of highly migratory species in Amendment 10 to the 2006 Consolidated
HMS Fishery Management Plan: Essential Fish Habitat (available at
www. nmfs. noaa. gov/sfa/hmsl)
Several fish and invertebrates inhabiting the project area are ARNI in accordance with Section
906(e)(1) of the Water Resources Development Act of 1986 (PL 99-602), including bluefish
(Pomatomus saltatrix), spotted seatrout (Cynoscion nebulosus), croaker (Micropogonias
undulatus), southern flounder (Paralichthys lethostigma), blue crab (Callinectes sapidus),
Spanish mackerel (Scomberomorus maculates), pompano (Trachinotus carolinus), and penaeid
shrimp.
Impacts to Essential Fish Habitat
The Wilmington District and NMFS evaluated EFH impacts from dredging sand at Jay Bird
Shoals, Bald Head Creek Shoal, and the Wilmington Harbor federal channel during the original
EFH consultation for this project. Consequently, this additional review focuses on the EFH
impacts from dredging sand at Frying Pan Shoals.
The North Carolina coast consists of a series of cuspate bays or coastal compartments, each with
different spatial orientations and a geologic character reflecting the adjacent continental shelf
(McNinch and Luettich 2000; Riggs and Ames 2009). Frying Pan Shoals, like the other cape -
associated shoal complexes in North Carolina, is a prominent feature extending to the continental
shelf break. Among the three cape -associated shoal complexes, Frying Pan Shoals extends the
farthest, approximately 30 miles. Each of the cape -associated shoal complexes appears to have
large volumes of high quality, beach compatible sand (Riggs et al. 2011). Cape -associated shoal
complexes are constantly changing. They shift under normal current regimes, but storm events
are largely responsible for sediment transport, sand distribution, and shoal migration. Wind -
driven currents and storm -induced waves suspend sediment causing frequent erosion and
deposition on the seabed. A significant knowledge gap exists in understanding the role of cape -
associated shoal complexes in the function and maintenance of North Carolina's barrier island
system (Kalo and Schiavinato 2009). It is entirely unknown how barrier islands and longshore
3

coastal currents will respond to dredging and removal of large volumes of sand from Frying Pan
Shoals. There is potential for significant short-term and long-term physical and biological
impacts from dredging shoal habitat.
Frying Pan Shoals is characterized by a high fish production, a high benthic faunal density, and
species diversity. The Shoals are critically important for fisheries as it demarcates the boundary
where the Labrador Current flowing south collides with the Gulf Stream Current flowing north.
This biogeographical boundary plays a key role in supporting shrimp, the snapper -grouper
complex, coastal migratory pelagic species, and highly migratory species by generating localized
areas of high productivity. Upwelling in frontal eddies and summer bottom intrusions driven by
the Gulf Stream contribute to this productivity by providing nutrient rich waters and a succession
of biological responses (Lee et al. 1991).
Shoal habitat is defined by such factors as exposure, sediment texture, depth, and rugosity. The
NMFS is primarily concerned about the impacts of dredging on prey resources and foraging
habitat provided by the Frying Pan Shoal complex. Benthic invertebrate communities consisting
of crustaceans, worms, and mollusks are diverse and productive despite the high-energy
disturbance regime affecting the Shoal complex. Infaunal species provide important trophic
linkages coupling benthic-pelagic ecosystems. Many of the organisms utilizing these habitats
also provide trophic linkages between inshore and offshore populations. Succession and
recovery of benthic communities established in shallow high-energy environments may reflect
the adaptation of communities that occur in these habitats to frequent disturbance from episodic
storm events (Normandeau Associates 2014). Potential impacts caused by dredging include
physical removal of benthic faunal communities and disturbance of foraging habitat for fish and
invertebrates. Dredging can also affect benthic communities by altering sediment transport
characteristics of a shoal favoring sedimentation instead of resuspension. Benthic impacts are
expected to be reflected in measures of abundance, biomass, and taxa richness. Several practices
have been suggested to reduce recovery times for benthic communities following dredging
events. Most important is ensuring dredging activities do not create a depression in which fine
sediments deposit and collect. This may change the sediment composition and associated
infaunal assemblages, which is essential for recovery and recolonization (Byrnes et al. 2004;
Crowe et al. 2016). Also, timing of dredging prior to the peak recruitment period of spring and
summer, along with the preservation of local refuge patches to maximize the rate and success of
benthic recolonization have also been suggested to improve recovery times (Byrnes et al. 2004;
Brooks et al. 2006).
The NMFS believes dredging and alterations of habitat on Frying Pan Shoals could affect
spatiotemporal longshore movements of migratory fish species by disrupting feeding behavior
(i.e., movement based on patchy food availability) and by disrupting a significant orientation cue
for migration. Frying Pan Shoals serve as a migratory corridor for many species that traverse the
coastal waters of the Southeast. Data on fish migration through North Carolina's cape -associated
shoal complexes are sparse (Schwartz 1989). Anadromous species are the most common and
well known fish to exhibit longshore migratory behavior. Anadromous species have complex
lifecycles where individuals migrate great distances along the continental shelf and then return to
their natal rivers to spawn. In the Southeast, Atlantic sturgeon, shortnose sturgeon, striped bass,
American shad, and blueback herring move along and across the shoal habitat multiple times
4

throughout their life cycle. Sexually mature adults move across the shoals to aggregate and stage
at river mouths and inlets prior to spawning migration in rivers. Similarly, young -of -year
emerge from estuaries and migrate across the shoals en route to the waters of the North Atlantic
for growing. Inlets and nearshore shallow areas with predominantly sandy substrate are
particularly important refuge and foraging habitat for sturgeon and other anadromous species
(Laney et al. 2007; Taylor et al. 2016).
A number of marine species seasonally migrate across the shoals. Cobia is a popular recreational
and commercial species distributed worldwide in tropical, subtropical, and warm -temperate
waters. Cobia are abundant in the warm waters off the coast of the U.S. from Virginia south
throughout the Gulf of Mexico. The SAFMC manages cobia as part of the Coastal Migratory
Pelagics Fishery Management Plan because the species is highly migratory. In late spring,
schools of fish begin to migrate north from Florida. Migration and movement correlate with
water temperature. Schools of migrating fish occur throughout coastal waters moving along
beaches and the nearshore environment. Cobia form large spawning aggregations off North
Carolina in May and June.
There are numerous other examples of spatial movement patterns of fish across Frying Pan
Shoals at various temporal scales. Atlantic menhaden form large schools that migrate between
inshore and offshore waters foraging on plankton. During fall and early winter, menhaden
migrate south around the North Carolina capes to spawn (ASMFC 2015). The accumulation of
menhaden and other schooling planktivores (e.g., anchovies, sardines, herring, and scad) on the
shoals attract pelagic predators such as Spanish mackerel, king mackerel, and coastal sharks.
The NMFS is concerned the systematic dredging of cape -associated shoal complexes, such as the
proposed project and subsequently other projects, may result in cumulative and unanticipated
changes in habitat quality. Although opportunistic invertebrate communities may repopulate
these areas after dredging, benthic populations may not recover to pre -project levels. Dredging
will also suspend any fine material in the borrow area which may clog the gills in young, less
mobile fish and invertebrates and thereby increase their mortality rates within assemblages. The
extent of negative effect is dependent on the life history stages of the species present and the
duration of the event. Frying Pan Shoals are a long-established seascape feature unique to North
Carolina that provides valuable habitat for fishery resources utilizing estuaries and offshore
waters as a part of their life cycle. Avoiding dredging of sand from this shoal complex would
ensure that these important areas would not be altered to the point they no longer provide
valuable habitat.
Monitoring Needed for the Dredging Impacts
To fully evaluate the proposed mining of Frying Pan Shoals for sand, the NMFS requires
additional information regarding the rates at which borrow areas are expected to fill and
measures the Wilmington District may require the Village to take to limit dredging to portions of
the Shoal expected to fill in most rapidly. The NMFS also requires information on the biological
monitoring the District may require quantifying whether the actual impacts to EFH are within
acceptable limits. To characterize distribution, abundance, biomass, and diversity of fish and
invertebrates on the Shoal complex, the NMFS recommends using fishery -independent surveys
5

that include a combination of active sampling (e.g., trawling) and passive sampling (e.g.,
acoustic surveillance technology).
Dredging Best Management Practices
The NMFS requests the District develop best management practices (BMPs) to minimize the
adverse effects from dredging the shoal -complex and provide these for review before the District
makes its final decision on the proposed permit modification. For example, limiting the dredging
to the prevailing downdrift flanks of the shoals and limiting the depth of the dredge cuts to ten
feet may be good practices. Dredging within the shoal -complex should be limited to the portions
of the shoal expected to fill in most quickly once dredging has stopped. Environmental windows
(seasonal restrictions) should be used to limit the timing of dredge and disposal activities to
protect fish during sensitive life stages.
Impacts to Aquatic Resources of National Importance
Several fish and invertebrates known to inhabit the project area are ARNI in accordance with
Section 906(e)(1) of the Water Resources Development Act of 1986 (PL 99-602), including
bluefish, spotted seatrout, croaker, southern flounder, blue crab, Spanish mackerel, pompano,
and penaeid shrimp. These species utilize sandy shoals for spawning, refuge, foraging, or
nursery areas. As proposed, the work could directly and permanently eliminate a substantial
amount of sandy shoal habitat. Indirect impacts to this habitat and the ARNI that depend upon
the Shoals also may result from the altered wave climate caused by removing a substantial
portion of the Shoal. These indirect and cumulative impacts from the proposed action include
increased turbidity and sedimentation from placement of fill in the aquatic environment and loss
of food production functions performed by sandy shoals.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
1. The excavation of Frying Pan Shoals for terminal groin maintenance and beach
nourishment should be eliminated from the project design. The NMFS would reconsider
this recommendation based on receipt of additional environmental analysis performed
including an EFH Assessment addressing the proposed permit modifications.
2. An alternatives analysis should be done to identify whether Frying Pan Shoals is the least
environmentally damaging practicable alternative sand source the Village could use
during the remainder of the permit period. This analysis should include examination of
additional offshore sources, including those in the Outer Continental Shelf, capable of
providing beach compatible sand.
3. A physical and biological monitoring plan for the offshore borrow areas should be
developed to more accurately determine impacts to shoal habitat. The objectives of the
monitoring should include documenting the extent and grain -size distribution of the
material filling the excavation sites. Environmental monitoring should also document
biological components of the ecosystem, including fish, invertebrates, and infauna, to
quantify recovery and whether the actual impacts to EFH are within acceptable limits.
6

4. BMPs should be developed to minimize the adverse impacts associated with dredging
Frying Pan Shoals and integrated into the project design. For example, limiting the
dredging to the prevailing downdrift region of the shoal and limiting the depths of the
dredge cuts to ten (10) feet may be good practices. Similarly, restricting the time of year
for construction activities including dredging, groin maintenance, and beach nourishment,
should be included to reduce impacts to EFH and vulnerable life stages of federally
managed fishery species. Please provide a list of BMPs to NMFS for review before the
District makes its final decision on the proposed permit modification.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
Closing
Thank you for the opportunity to provide these comments. Please direct related questions or
correspondence to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island
Road, Beaufort, North Carolina 28516-9722. He may be reached by telephone at (252) 728-
8750 or by e-mail at [e-mail].
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDCM, Shane. [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
ASMFC, [e-mail]
F/SER4, [e-mail]
F/SER47, [e-mail]
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
7

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