20120288 Ver 1_Other Agency Comments_20140303 (2)

United States Department of the Interior
Mr. Ronnie D. Smith
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
February 28, 2014
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402 -1890
Subject: Action ID #SAW- 2012- 00040; Village of Bald Head Island
Brunswick County, NC
Dear Mr. Smith:
Thank you for your letter dated January 22, 2014, requesting concurrence on the U.S.
Army Corps of Engineer's determination concerning the Village of Bald Head Island's
(VBHI) proposal to construct a terminal groin structure on Bald Head Island in the
Atlantic Ocean. The U. S. Fish and Wildlife Service (Service) has reviewed the letter,
the draft Biological Assessment (BA), 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).
Project Area, Proposed Activities, and Anticipated Impacts
The project area is South Beach and the adjacent Atlantic Ocean on Bald Head Island.
The waters of the project area are classified as SB. The area is not designated as a
Primary Nursery Area (PNA). The substrate of the project area is primarily sand.
The preferred alternative in the DEIS is Alternative 5, which includes the construction of
a 1,900 linear foot terminal groin on the southeast end of Bald Head Island, concurrent
with, and following a federal beach disposal operation. The terminal groin would be
constructed in two phases and would serve as a template for fill material placed eastward
thereof. In Alternative 5, the existing groin field of 16 sand tube groins is proposed to
remain. The terminal groin is intended to be a "leaky" structure, so as to provide for a
level of sand transport to West Beach, which is located northwest of the proposed groin.
The applicant proposes that the Wilmington District Corps of Engineers (Corps) place the

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sand first on the nearshore area (from regular dredging of the Wilmington Harbor
Channel project), and then the Village will construct the terminal groin in two phases
within the sand fillet. Because Phase 1 of the groin will be constructed after a winter
dredging and nourishment project, the applicant states that construction will likely stretch
into the piping plover and sea turtle nesting seasons.
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), seabeach amaranth (Amaranthus pumilus),
and the Kemp's Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata),
leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia
mydas) sea turtles. Of the five sea turtle species, the loggerhead (Caretta caretta), and
green (Chelonia mydas) sea turtle may nest in the project area. Whales, shortnose
sturgeon (Acipenser brevisrostrum), Atlantic sturgeon (Acipenser oxyrinchus), and sea
turtles in the water are under the jurisdiction of NOAA Fisheries' Protected Species
Division.
On September 30, 2013, the Service proposed listing the rufa red knot (Calidris canutus
rufa) (or red knot) as threatened throughout its range. Please refer to Federal Register
Notice 78 FR 60023. The Service also plans to publish a proposal to designate critical
habitat for the red knot in the very near future.
The Service is also proposing to designate portions North Carolina beaches as critical
habitat for the Northwest Atlantic (NWA) population of loggerhead sea turtles. Bald
Head Island is located within Critical Habitat Unit LOGG- T -NC -06 (Baldhead Island,
Brunswick County). From the Federal Register (FR) Notice (see
http: / /www. regulations. gov / #!documentDetail;D= FWS- R4 -ES- 2012 -0103- 0001), this
unit consists of 15.1 km (9.4 miles) of island shoreline along the Atlantic Ocean. The
island is part of the Smith Island Complex, which is a barrier spit that includes Bald
Head, Middle, and Bluff Islands. The island is separated from the mainland by the
Atlantic Intracoastal Waterway, Cape Fear River, Battery Island Channel, Lower Swash
Channel Range, Buzzard Bay, Smith Island Range, Southport Channel, and salt marsh.
The unit extends from 33.91433 N, 77.94408 W (historic location of Corncake Inlet) to
the mouth of the Cape Fear River. The unit includes lands from the MHW line to the toe
of the secondary dune or developed structures.

The Corps has made a determination of May Affect, Not Likely to Adversely Affect the
West Indian manatee, piping plover, red knot, seabeach amaranth, and Kemp's Ridley,
hawksbill, loggerhead, leatherback, and green sea turtle.
Service Recommendations
Because groin construction is anticipated to extend into the summer months, the Service
cannot concur with the Corps' determination of May Affect, Not Likely to Adversely
Affect the West Indian manatee, piping plover, red knot, seabeach amaranth, and Kemp's
Ridley, hawksbill, loggerhead, leatherback, and green sea turtle. Specifically, the
Service is concerned with the potential for adverse impacts to nests that are not detected
during daily monitoring, and potential adverse impacts to females attempting to nest in
the project area. The Service recommends that the Corps initiate formal consultation for
this project pursuant to section 7 of the ESA.
In addition, the Service requests that the following information be provided prior to or
during formal consultation:
1. More information on the potential to remove some or all of the sand -tube groins if
it is shown that they are not needed.
2. An estimated length of time needed solely to construct the terminal groin (after
sand placement). An estimate of the construction end date (month and day)
should be provided.
3. More specific information concerning the groin, such as whether or not lights are
planned to be installed on the groin, and more specific remediation and removal
plans if it is determined to not be effective (as determined by the Inlet
Management Plan) or to be causing a significant adverse impact to the beach and
dune system.

M
The Service looks forward to working with the Corps and the applicant during formal
consultation. If you have questions, please contact Kathy Matthews at 919 - 856 -4520,
ext. 27 or by e -mail at <kathryn_matthews @fws.gov >.
Sincerely,
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Peter Benjamin
Field Supervisor
cc:
Fritz Rohde, NOAA Fisheries, Beaufort
Maria Dunn, NCWRC, Washington
Doug Huggett, NC DCM, Morehead City
Debra Wilson, NC DCM, Wilmington
Chad Coburn, NC DWR, Wilmington
Karen Higgins, NC DWR, Raleigh
References:
Ernest, R.G. and R. E. Martin. 1999. Martin County Beach Nourishment Project: Sea
Turtle Monitoring and Studies. 1997 Annual Report and Final Assessment.
Ecological Associates, Inc., Jensen Beach, FL. 96 pp.
Herren, R.M. 1999. The effect of beach nourishment on loggerhead (Caretta caretta)
nesting and reproductive success at Sebastian Inlet, Florida. M.S. Thesis.
University of Central Florida. 150 pp.
Trindell, R., D. Arnold, K. Moody and B. Morford. 1998. Post - construction marine
turtle nesting monitoring results on nourished beaches. Pages 77 -92 in Tait,
L.S. (compiler), Rethinking the Role of Structures in Shore Protection. —
Proceedings of the 1998 National Conference on Beach Preservation
Technology. Florida Shore and Beach Preservation Association,
Tallahassee, Florida.