20020158 Ver 3_Tab J - Biological Assessment_App_A-FWS Correspondence_20201002

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
July 29, 20192 ZQlq
Mr. Tyler Crumbley ',u U" h n�
Project Manager '
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
Subject. Town of Sunset Beach; Dredging of South ,rinks Creek and Feeder Channels and
Canals, with Sand Placement
Action 1D No. SAW-2019-01 IS5
Dear Mr. Crumbley:
This letter is.in,reference.to your_July-3, 2019 email, requesting comments on.1lrepermit, ..
applications for the Town..of Sunset Beach, Brunswick County, North Carolina!, The,Town hasp
applied for a programmatic CoastalArea Nlanagement.Art -.U.S. Army Corps of:Engm.e rs
(..CE, MA -Coups) permit to dredge Canals A-D, the Feeder Channel, Bay Area and.an-area of
South Jinks Creek on the east end of Sunset Beach, with beneficial placement on 1,600 linear
feet (if) of ocean shoreline in Sunset Beach.
A biological assessment (BA) was provided in the email, along with other project information.
For the sand placement portion of the project, the applicant proposes to comply with all.
conservation measures, reasonable and prudent measures (RPMs) and terms and conditions
(T&Cs) of the August 28, 2017 Statewide Programmatic Biological Opinion for North, Carolina
Beach Sand. Placement (SPBO), particularly the "B set" of RPMs and T&Cs:. However, the
applicant and Corps made a determination of No Effect (NE) or May Affect, Not Likely to
Adversely Affect(MANLAA) for'all of the species covered under the SPBO. The Service does
not concur with any of those deterininations, due to the potential for take, but we acknowledge
that the take would.be covered by the SPBO. We recommend that the BA be -corrected to
Wicate that the project May Affect, and is Likely to Adversely Affect (MALAA) all five -sea
turtle species, red:knot, piping plover, and seabeach amaranth. For these eight -species; the.BA
should state `.`MALAA, and relying on findings of the August 28, 2017 Statewide Programmatic
Biological Opinion for North Carolina Beach Sand Placement to.fulfill our project.:specific
Section 7 responsibilities."`

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In addition, the BA does not provide any species occurrence data for red knot, piping plover, or
seabeach amaranth. The BA also does not provide any information on nesting shorebirds in the
Action Area, though American oystercatcher and Wilson's plover are known to nest on the south
side of Tubbs Inlet. The BA does`not explain why the i`B set" of PPMs,. T&Cs are proposed to
be followed, instead of the "A set." The SPBO has two sets ofR-PMs and T&Cs. The "A set" is
for traditional sand placement projects, primarily for shore protection:. These projects are usually
larger -scaled, but not always.. The `B set" is intended for sand placement events associated with
navigation maintenance dredging projects which 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. This project does not fit many of those descriptors, as "maintenance"
dredging has not been conducted since 2002 (or in -the case of the material proposed for beach
placement, since the 1970s). The project does have; a local sponsor, and is not proposed to be
conducted at additional intervals in the future. There is no erosion history to indicate how long
the material is expected to stay on the beach. The only descriptor that this project meets is
"smaller -scaled," since the beneficial sand disposal area is only 1,6001f The "B set" of RPMs
and T&Cs omits several RPMs and T&Cs which we believe. are important for this project,
including those pertaining to piping plovers, red knots, and nesting shorebirds.
Service Recommendations
1. It is clear from the July 3; 2019 email that the applicant has proposed to conduct the work
in accordance with the SPBO, but no action is proposed in :that regard by the Corps: The
Corps should notify the Service in writing of its intent to cover the project using the
SPBO, request agreemeiit, and request that this project be appended to the SPBO.
2. Please revise the BA to state that the project May Affect, and is Likely to Adversely
Affect (MALAA) all five sea turtle species, red knot, piping plover,, and seabeach
amaranth, For these eight species, the BA should state "MALAA, and relying on
findings of the August 28, 2017 Statewide Programmatic Biological Opinion for North
Carolina Beach Sand Placement to fulfill our project -specific. Section 7 responsibilities."
3. The Service will agree to the application of the "B set" of RPMs and T&Cs for this
project; as. long as the Corps includes apermit condition to require close coordination
with the Service and North Carolina Wildlife Resources Commission (NCWRC) on the
pipeline route and other potential impacts to wintering and nesting shorebirds and their
habitat. This coordination may result in recommendations to avoid work after March 31,
since shorebird breeding activities may begin in early April, If the project is ongoing and
shorebirds begin territorial or other nesting behaviors within the project area, then the
Corps or Permittee must contact the Service and NCWRC as soon as possible,