20020158 Ver 3_Tab H - SPBO Conservation Measures_20201002

August 28, 2017
NC SPBO
Executive Summary
Piping Plover and Red Knot
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the majority of the piping plover breeding season, a portion of the
piping plover migration period, and the peak red knot migration period in NC.
2) As a means of minimizing the extent and/or duration of adverse effects on habitats and
benthic prey resources, all material placed on the beach and in associated dune systems
will consist of beach compatible sediment. Beach compatible material will consist of
sediments that are similar in composition, grain size distribution, and color to the native
sediments of the recipient beaches.
3) Construction staging areas and pipeline routes will be located to avoid high -value inlet
complex habitats for piping plovers and red knots to the maximum extent practicable.
4) Temporary storage areas for construction equipment and pipelines will be located off the
beach to the maximum extent practicable.
Sea Turtles
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the sea turtle nesting and hatching season in NC.
2) All material placed on the beach and in associated dune systems will consist of beach
compatible sediment that is suitable for sea turtle nesting. Beach compatible material
will consist of sediments that are similar in composition, grain size distribution, and color
to the native sediments of the recipient beaches.
3) Immediately after construction and to the maximum extent practicable prior to 1 May,
surveys for escarpments will be conducted within the limits of construction areas.
Identified escarpments that that may interfere with sea turtle nesting (>18 inches in height
and > 100 ft in length) will be leveled to the natural beach profile. If it is determined that
escarpment leveling is required during the nesting season, leveling activities would be
coordinated with the USFWS or NCWRC.
4) Immediately after construction and to the maximum extent practicable prior to 1 May, the
limits of construction areas will be evaluated for compaction in coordination with the
USFWS and NCWRC. If it is determined that tilling is required for sea turtle nesting
habitat suitability, the construction areas will be tilled to a depth of 36 inches. All tilling
activity shall be completed prior to 1 May to the maximum extent practicable. In the case
of projects that run until the 30 April nesting window cutoff, any tilling activities
required after 1 May would be coordinated with the USFWS or NCWRC.
5) Post -construction monitoring of sea turtle nesting activities will be conducted in sand
placement areas to assess effects on nesting. Monitoring will include daily surveys from
1 May until 15 September. Nesting data will be included in annual monitoring reports to
be provided to the NCWRC.
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August 28, 2017
NC SPBO
Executive Summary
Seabeach Amaranth
1) All sand placement activities will be completed between 16 November and 30 April;
thereby avoiding the majority of the seabeach amaranth growing season in NC.

August 28, 2017
NC SPBO
Executive Summary
REASONABLE AND PRUDENT MEASURES for:
B. Projects that are navigation maintenance dredging with beach placement shall
include the following measures:
Historically, sand placement events associated with navigation maintenance dredging
projects have no local sponsor, are smaller -scaled, conducted at closer time intervals, and the
sand often does not remain on the beach for an extended period of time.
Post -construction requirements are listed in Reasonable and Prudent Measures B.11, B.12,
13.13, B.15, and B.16. These post -construction requirements maybe subject to congressional
authorization and the allocation of funds. If the Corps or Permittee cannot fulfill these Terms
and Conditions, the Corps must reinitiate consultation.
B.1. Conservation Measures included in the Corps' PBA that address protection of piping
plovers, red knots, nesting sea turtles, and seabeach amaranth shall be implemented in
the Corps' federally authorized project or regulated activity.
13.2. The Corps will notify the Service of the commencement of projects that utilize this
SPBO for the purposes of tracking incidental take of all species.
13.3. For the life of the project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 30).
13.4. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible.
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August 28, 2017
NC SPBO
Executive Summary
B.S. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.
B.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and
the NCWRC.
B.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible.
B.B. Beach quality sand suitable for sea turtle nesting, successful incubation, and hatchling
emergence shall be used for sand placement.
B.9. A meeting between representatives of the Corps, Service, NCWRC, and NCDCM
shall be held prior to the commencement of work on this project.
B.10. During dredging operations, material placed on the beach shall be inspected daily to
ensure compatibility. If the inspection process finds that non -beach compatible
material, including large amounts of shell or rock, is or has been placed on the beach,
all work shall stop immediately and the NCDCM and the Corps will be notified by
the permittee and/or its contractors to determine the appropriate plan of action.
B.11. For navigation projects with placement of at least 200,000 cubic yards of sand on the
beach, sea turtle nesting surveys must be conducted within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons
after completion, if the sand remains on the beach. Acquisition of readily available
sea turtle nesting data from qualified sources (volunteer organization, other agencies,
etc.) is acceptable.
B.12. Sand compaction shall be monitored and tilling shall be conducted if needed to
reduce the likelihood of impacting sea turtle nesting and hatching activities.
B.13. Escarpment formation shall be monitored and leveling shall be conducted if needed to
reduce the likelihood of impacting nesting and hatchling sea turtles.
B.14. Construction equipment and materials shall be stored in a manner that will minimize
impacts to piping plovers, red knots, and nesting shorebirds.
B.15. A report describing the actions taken shall be submitted to the Service work for each
year when the activity has occurred.
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August 28, 2017
NC SPBO
Executive Summary
B.16. The Corps Civil Works Program shall continue its annual seabeach amaranth
monitoring program.
TERMS AND CONDITIONS for:
B. Projects that are navigation maintenance dredging with beach placement, or Corps
civil works project shall include the following measures:
Historically, sand placement events associated with navigation maintenance dredging
projects have no local sponsor, are smaller -scaled, conducted at closer time intervals, and the
sand often does not remain on the beach for an extended period of time.
All conservation measures described in the Corps' Programmatic Biological Assessment are
hereby incorporated by reference as Terms and Conditions within this document pursuant to
50 CFR §402.14(I) with the addition of the following Terms and Conditions. In order to be
exempt from the prohibitions of section 9 of the Act, the Corps shall comply with the
following Terms and Conditions, which implement the Reasonable and Prudent Measures,
described above and outline reporting/monitoring requirements. These terms and conditions
are non -discretionary.
Post -construction requirements are listed in Terms and Conditions B.11, B.12, B.13, B.15,
B.16, B.17, B.18, and B.19. These post -construction requirements may be subject to
congressional authorization and the allocation of funds. If the Corps or Permittee cannot
fulfill these Terms and Conditions, the Corps must reinitiate consultation.
B.1. Conservation Measures included in the Corps' PBA that address protection of nesting
sea turtles, piping plover, red knot, and seabeach amaranth listed on pages 10-11 of
the SPBO shall be implemented in the Corps federally authorized project or regulated
activity.
B.2. The Corps or the Permittee must provide the following information to the Service at
least 10 business days prior to the commencement of work:
a) Project location (include latitude and longitude coordinates, as well as mile
markers, cross streets, or street addresses if available);
b) Project description (including linear feet of beach, actual fill template, access
points, and borrow areas);
c) Anticipated date of commencement and anticipated duration of construction
B.3. For the life of the permit/project, all sand placement activities above MHW must be
conducted within the winter work window (November 16 to April 30), unless allowed
after additional consultation with the Service.

August 28, 2017
NC SPBO
Executive Summary
BA. Prior to sand placement, all derelict material, large amounts of rock, or other debris
must be removed from the beach to the maximum extent possible. If debris removal
activities take place during shorebird breeding season (April 1— August 31), the work
shall be conducted during daylight hours only.
B.5. During construction, trash and food items shall be disposed of properly either in
predator -proof receptacles, or in receptacles that are emptied each night to minimize
the potential for attracting predators of piping plovers, red knots, and sea turtles.
B.6. Pipeline placement must be coordinated with NCDCM, the Corps, the Service, and
the NCWRC.
B.7. Access points for construction vehicles should be as close to the project site as
possible. Construction vehicle travel down the beach should be limited to the
maximum extent possible.
B.8. Only beach compatible fill shall be placed on the beach or in any associated dune
system. Beach compatible fill must be sand that is similar to a native beach in the
vicinity of the site that has not been affected by prior sand placement activity. Beach
compatible fill must be sand comprised solely of natural sediment and shell material,
containing no construction debris, toxic material, large amounts of rock, or other
foreign matter. The beach compatible fill must be similar in both color and grain size
distribution (sand grain frequency, mean and median grain size and sorting
coefficient) to the native material in the Action Area. Beach compatible fill is
material that maintains the general character and functionality of the material
occurring on the beach and in the adjacent dune and coastal system. In general, fill
material that meets the requirements of the most recent version of the North Carolina
Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered
compatible.
B.9. The Service must be invited to any pre -construction meetings held prior to the
commencement of work. Advance notice (of at least 5 business days) must be
provided prior to conducting this meeting. The meeting will provide an opportunity
for explanation and/or clarification of the Conservation Measures and Terms and
Conditions, and will include the following:
a) Staging locations, storing equipment including fuel stations;
b) Coordination with the surveyors on required species surveys;
c) Pipeline placement (between 5 to 10 feet from dune);
d) Minimizing driving;
e) Follow up coordination during construction and post construction;
f) Direction of the project including progression of sand placement along the
beach;
g) Plans for compaction monitoring;
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August 28, 2017
NC SPBO
Executive Summary
h) Plans for escarpment surveys; and
i) Names and qualifications of personnel involved in any required surveys.
B.10. During dredging operations, material placed on the beach shall be inspected daily to
ensure compatibility. If the inspection process finds that non -beach compatible
material, including large amounts of shell or rock exceeding the state sediment
criteria (15A NCAC 07H .0312), is or has been placed on the beach, all work shall
stop immediately, and the NCDCM and the Corps will be notified by the permittee
and/or its contractors to determine the appropriate plan of action.
B.11. For navigation projects with placement of at least 200,000 cubic yards of sand on the
beach, sea turtle nesting surveys must be conducted within the project area between
May 1 and November 15 of each year, for at least two consecutive nesting seasons
after completion of sand placement (2 years post -construction monitoring).
Acquisition of readily available sea turtle nesting data from qualified sources
(volunteer organizations, other agencies, etc.) is acceptable. Data collected for each
nest should include, at a minimum, the information in the table, below. This
information will be provided to the Raleigh Field Office in the annual report, and will
be used to periodically assess the cumulative effects of these projects on sea turtle
nesting and hatchling production and monitor suitability of post construction beaches
for nesting. Please see REPORTING REQUIREMENTS, below.
Parameter
Measurement
Variable
Number of
Visual
Number/location of false crawls in nourished areas; any
False
Assessment of
interaction of turtles with obstructions, such as sand bags or
Crawls
all false crawls
scarps, should be noted.
False
Categorization
Number in each of the following categories:
Crawl Type
of the stage at
a) Emergence - no digging;
which nesting
b) Preliminary body pit;
was abandoned
c) Abandoned egg chamber.
Nests
Number
The number of sea turtle nests in nourished areas should be
noted. If possible, the location of all sea turtle nests should
be marked on a project map, and approximate distance to
scarps or sandbags measured in meters. Any abnormal
cavity morphologies should be reported as well as whether
turtle touched sandbags or scarps during nest excavation.
Nests
Lost Nests
The number of nests lost to inundation or erosion or the
number with lost markers.
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August 28, 2017
NC SPBO
Executive Summary
Nests
Relocated nests
The number of nests relocated and a map of the relocation
area(s). The number of successfully hatched eggs per
relocated nest.
Lighting
Disoriented sea
The number of disoriented hatchlings and adults.
Impacts
turtles
B.12. Sand compaction must be qualitatively evaluated at least twice after each sand
placement event, once in the project area immediately after completion of any sand
placement event and once after project completion between October 1 and May 1.
Compaction monitoring and remediation are not required if the placed material no
longer remains on the beach. Within 14 days of completion of sand placement and
prior to any tilling (if needed), a field meeting shall be held with the Service,
NCWRC, and the Corps to inspect the project area for compaction and determine
whether tilling is needed.
a) If tilling is needed for sand suitability, the area must be tilled to a depth of 36
inches. All tilling activities shall be completed prior to May 1 of any year.
b) Tilling must occur landward of the wrack line and avoid all vegetated areas
that are 3 square feet or greater, with a 3-foot buffer around all vegetation.
c) If tilling occurs during the shorebird nesting season or seabeach amaranth
growing season (after April 1), shorebird surveys and/or seabeach amaranth
surveys are required prior to tilling.
d) A summary of the compaction assessments and the actions taken shall be
included in the annual report to NCDCM, the Corps, and the Service.
e) These conditions will be evaluated and may be modified if necessary to
address and identify sand compaction problems.
B.13. Visual surveys for escarpments along the Action Area must be made immediately
after completion of sand placement, and within 30 days prior to May 1, for two
subsequent years after any construction or sand placement event. Escarpments that
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of
100 feet must be leveled and the beach profile must be reconfigured to minimize
scarp formation by the dates listed above. Any escarpment removal must be reported
by location. The Service must be contacted immediately if subsequent reformation of
escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for
a distance of 100 feet occurs during the nesting and hatching season to determine the
appropriate action to be taken. If it is determined that escarpment leveling is required
during the nesting or hatching season, the Service or NCWRC will provide a brief
written authorization within 30 days that describes methods to be used to reduce the
likelihood of impacting existing nests. An annual summary of escarpment surveys
and actions taken must be submitted to the Service.
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August 28, 2017
NC SPBO
Executive Summary
B.14. Piping plover habitat (sandy unvegetated habitat along inlet shoulders) shall be
avoided to the maximum extent practicable when staging equipment, establishing
travel corridors, and aligning pipeline.
B.15. A report describing the fate of observed sea turtle nests and hatchlings and any
actions taken, must be submitted to the Service following completion of the proposed
work for each year when a sand placement activity has occurred. Please see
REPORTING REQUIREMENTS, below.
B.16. The Corps' annual seabeach amaranth monitoring program shall continue in
accordance with April 19, 1993 Biological Opinion for various U.S. Army Corps of
Engineers' projects.
B.17. The Corps should survey beach sand placement areas for at least five years following
each placement event, to determine the status of the seabeach amaranth populations in
the project areas and the effects that beach disposal has on this species. Surveys
should be conducted in August or September so that the number of plants reaching
reproductive age can be determined.
B.18. Suitable habitat along shoreline reaches that have received sand within the previous
five years should be surveyed for the occurrence of seabeach amaranth.
Documentation for each seabeach amaranth plant should include location (using a
handheld GPS unit), unique features, abnormalities, or other relevant information. If
multiple plants are observed in an area, a single representative GPS point may be
logged with accompanying notes describing total plants associated with that point.
B.19. A Corps report describing the seabeach amaranth survey and results should be
submitted to Service, the North Carolina Natural Heritage Program, and the North
Carolina Plant Conservation Program, by December 31 of each year. The report
should include a map showing locations of seabeach amaranth populations and the
numbers of plants, with separate figures for those in flower or fruit, found in the sand
placement areas.
REPORTING REQUIREMENTS
An annual report detailing the monitoring and survey data collected during the preceding
year (required in the above Terms and Conditions) and summarizing all piping plover, red
knot, shorebird, and sea turtle data must be provided to the Service's Raleigh Field Office by
January 31 of each year for review and comment. In addition, any information or data
related to a conservation measure or recommendation that is implemented should be included
in the annual report. As in the past, the Corps should submit a separate annual monitoring
report detailing seabeach amaranth monitoring and survey data for the preceding year. The
contact for these reporting requirements is:
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August 28, 2017
NC SPBO
Executive Summary
Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
Upon locating a dead, injured, or sick individual of an endangered or threatened species,
initial notification must be made to the Service's Law Enforcement Office below. Additional
notification must be made to the Raleigh Ecological Services Field Office identified above
and to the NCWRC at [phone]. Care should be taken in handling sick or injured
individuals and in the preservation of specimens in the best possible state for later analysis of
cause of death or injury.
Jason Keith
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606