20081615 Ver 5_20200902_ltr_FWS_Corps_TopsailBIS_addnlyear_2021_20200902

September 2, 2020
Mr. Mickey Sugg
Wilmington Regulatory Field Office
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Subject: Town of Topsail Beach BIS Program; Amended Biological Opinion
Action ID # SAW-2013-00404
USFWS Log # 04EN2000-2019-F-0055
Dear Mr. Sugg:
This is in response to your request for reinitiation of consultation for a minor modification to the
permit for the Topsail Beach BIS program. The U.S. Fish and Wildlife Service (Service) issued
a Biological Opinion (BO) on February 20, 2019, on the proposed d redging of Banks Channel
and disposal of material on the Topsail Beach in Pender County. The BO was intended for a
one-time activity, which was conducted during the 2019 -2020 winter work window. However,
due to various factors, the Town of Topsail Beach was unable to complete the proposed dredging
and sand placement during the work window. In addition, the Town requests authorization to
dredge additional areas in Banks Channel. The Service believes that the BO, as currently
written, will adequately cover the work proposed to be conducted during the 2020 -2021 winter
work window.
Our review of the modification indicates that the overall impacts to sea turtles, piping plovers,
red knot, and seabeach amaranth remain unchanged. The current Terms and Condit ions in the
BO are adequate to avoid, minimize, and mitigate for adverse impacts to sea turtles, piping
plover, red knot, and seabeach amaranth.
The Service does not need to amend the language of the BO because the project description does
not limit the w ork to one calendar year. We note that the analysis of impacts to species describes
the project as a one-time activity, but we do not believe it is necessary to modify the analysis
language for the extension or continuation of work this year. Likewise, the project description
and Figure 2-1 in the BO currently include the proposed additional dredging area in Banks
Channel. Future use of the BO for additional activities will require reinitiation of consultation.
Please be reminded that the Terms and Conditions of the BO remain in effect for this upcoming
work as well as the work conducted in the past year. Please pay close attention to the monitoring
and reporting requirements of the BO. For example, we expect a report to be submitted by
February 28, 2021 for the 2019-2020 season.

If you have any questions, please contact Kathy Matthews at (919) 856 -4520, ext. 27. In future
correspondence concerning these projects, please reference the Service’s Log Number
04EN2000-2019-F-0055.

Sincerely,

Pete Benjamin
Field Supervisor

cc: NMFS, St. Peterburg, FL
NCDCM, Morehead City, NC
NCWRC, Washington, NC
Town of Topsail Beach