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HomeMy WebLinkAbout20041238 Ver 7_CAMA Application_20220823BIOLOGICAL ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 28401 ....NU) ASS OC.IATH_S' INC. KPH •Jrruure-nad r:rnrtiuJierrrrn DIAL CORDY TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION 2 3.0 DESCRIPTION OF THE ACTION AREA 2 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS 6 4.1 Shortnose and Atlantic Sturgeon 6 4.1.1 Status, Distribution, and Habitat 6 4.1.2 Occurrence in the Action Area 7 4.1.3 Factors Affecting the Species 7 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon 8 4.1.5 Determination of Effect 9 4.2 Sea Turtles 10 4.2.1 Status, Distribution, and Habitat 10 4.2.2 Occurrence in the Action Area 12 4.2.3 Factors Affecting the Species 13 4.2.4 Effects of the Proposed Action on Sea Turtles 15 4.2.5 Conservation Measures 16 4.2.6 Determination of Effect 16 5.0 REFERENCES 17 Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 LIST OF TABLES Page Table 1. Species and critical habitats considered in this assessment. 1 LIST OF FIGURES Page Figure 1. Proposed Action Location Map 3 Figure 2. North Barge Fleeting Area Expansion Layout 4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry 5 Figure 4. Loggerhead Turtle Critical Habitat 14 Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 ii LIST OF ACRONYMS Percent °C Degrees Celsius AIWW Atlantic Intracoastal Waterway ASSRT Atlantic Sturgeon Status Review Team CWA Clean Water Act CY Cubic Yards DPS Distinct Population Segment ESA Endangered Species Act FR Federal Register FT Feet GEPs Good Engineering Practices BMPs Best Management Practices MCH Morehead City Harbor MLLW Mean Lower Low Water NC North Carolina NCDMF North Carolina Division of Marine Fisheries NCSPA North Carolina State Ports Authority NMFS National Marine Fisheries Service PPT Parts per Thousand RHA Rivers and Harbors Act SAV Submerged Aquatic Vegetation SSSRT Shortnose Sturgeon Status Review Team USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service WID Water Injection Dredging Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iii 1.0 INTRODUCTION This Biological Assessment has been prepared in accordance with Section 7 of the Endangered Species Act (ESA) to address the effects of proposed new dredging work at the Port of Morehead City on listed species and critical habitats. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. This assessment considers listed species and critical habitats under the jurisdiction of the NMFS that occur or may occur in the vicinity of the Port of Morehead City; including the Atlantic sturgeon, shortnose sturgeon, loggerhead sea turtle, green sea turtle, Kemps ridley sea turtle, leatherback sea turtle, hawksbill sea turtle, and loggerhead nearshore reproductive critical habitat (Table 1). Table 1. Species and critical habitats considered in this assessment. Species/Critical Habitat ESA Listing Status Effect 1 Determination Leatherback sea turtle (Dermochelys coriacea) Endangered MANLAA Loggerhead sea turtle (Caretta caretta) Threatened MANLAA Green sea turtle (Chelonia mydas) Endangered MANLAA Hawksbill sea turtle (Eretmochelys imbricata) Endangered MANLAA Kemp's ridley sea turtle (Lepidochelys kempii) Endangered MANLAA Shortnose sturgeon (Acipenser brevirostrum) Endangered MANLAA Atlantic sturgeon (Acipenser oxyrinchus) Endangered MANLAA Loggerhead Nearshore Reproductive Critical Habitat Critical Habitat NE 1 MANLAA = May affect, not likely to adversely affect; NE = No Effect Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 2 m W � Vy PF the NI r 6 � les Fe , TANK MOREHEAE?Ir W anoro TE 1 c f1 l�;1-- n 11(�to 4 R C R 7-� Fenn St I., or k � 0 avuc PWR CAE Ye 'S, . r 1105 1 Elan, L1SA(;E mnJuc� SACE, s_ rei,LI'17 �GHTl'-,l'Hf1L el,,,,, Irr rrv.nn paedaof knct ] P[ n, r utl` BEAUFfORT T. '':)71; AlliUht 25s roe }TFI ds1 tk ` aM n � I,G 261 y) 7 II IfJ'ghl7 .3 GSJ _ ACA'r0lr - r "#\�_ti` ackl n.`�.\er .0 ry�o , AA ,,,t, r S -------1,-.1'^ jlf! 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July 2022 4 co co co to co a co co 0 M 0 co co CO0 co co0 CO 0 CD ea 0 N CO C7 2692400 2692600 ,4 1�11.1thi AA! t wily 2111110/vdrA R itll 1 04 pggivimpla iocoliarorm ifillilE rapt co CO0 0 0 CO co 0 Cci CI 0 NCO C7 A- A' Bathymetric Profile Graph 5 6 Existing Bathymetry Profile 7 8 9 Proposed Bathymetry Profile 1 3:1 ore Proposed Fleeting Area Existing Fleeting Area 2 Area J 1 1 1 1 1 1 1 4 6 14 16 0 a - 1 1 50 100 150 200 ❑istance (feet) B - B' Bathyrretric Profile Graph 250 3R.R.! Existing Bathymetry Profile Proposed Bathymetry Profile Slope Area Proposed Fleeting Area xisting Fleeting Area 16o 150 260 Distance (feet) C - C' Bathymetric Profile Graph 0 0 Existing Bathymetry Profile 0 50 100 150 200 Distance (feet) 250 300 Legend Profile Location Barge Fleeting Area r/i k\1 Existing Fleeting Area Proposed Fleeting Area Proposed 3:1 Slope 1ft Contour (MLBAft Elevation (MLLW) Value - High : -2 Low : -30 0 150 300 450 e 600 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 5 4.0 EFFECTS THE PROPOSED ACTION ON LISTED SPECIES AND CRITICAL HABITATS 4.1 Shortnose and Atlantic Sturgeon 4.1.1 Status, Distribution, and Habitat Shortnose Sturgeon The shortnose sturgeon was listed as endangered throughout its range on 11 March 1967 (32 FR 4001). The species inhabits large Atlantic coast rivers from the St. Johns River in northeastern Florida to the Saint Johns River in New Brunswick, Canada. Adults in southern rivers are estuarine anadromous, foraging at the saltwater -freshwater interface and moving upstream to spawn in the early spring. Shortnose sturgeon spend most of their lives in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the saltwater -freshwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and move downstream during the winter, with movements occurring above the saltwater -freshwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. The shortnose sturgeon is a benthic omnivore that feeds on crustaceans, insect larvae, worms, and mollusks. Juveniles randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). No critical habitat has been designated for the shortnose sturgeon. Atlantic Sturgeon The Atlantic sturgeon (Acipenseroxyrinchus oxyrinchus) was listed under the ESA in 2012 as five Distinct Population Segments (DPSs); including the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs and the threatened Gulf of Maine DPS (77 FR 5914, 77 FR 5880). The Carolina DPS encompasses subpopulations from the Roanoke, Tar/Pamlico, Cape Fear, Waccamaw, Pee Dee, and Santee -Cooper Rivers in NC and South Carolina. Atlantic sturgeon spawn in freshwater, but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer, although a fall spawning migration may also occur in some southern rivers. Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juveniles move downstream into brackish waters and eventually move to estuarine waters where they reside for a period of months or years. Subadult and adult Atlantic sturgeons emigrate from rivers into coastal waters, where they may undertake long range migrations. Migratory adult and subadult sturgeon are typically found in shallow (40-70 ft) nearshore waters with gravel and sand substrates. Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. In 2017, NMFS designated critical habitat for the Atlantic sturgeon in large spawning river systems throughout the five DPSs (82 FR 39160). Critical habitat for the Carolina DPS was designated in the Roanoke, Tar -Pamlico, Neuse, Cape Fear, and Pee Dee Rivers of NC and South Carolina. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 6 4.1.2 Occurrence in the Action Area Shortnose Sturgeon Shortnose sturgeon were thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989-1993) confirmed the presence of a small population in the lower Cape Fear River (Moser and Ross 1995). In 1998, the NC Division of Marine Fisheries (NCDMF) reported the capture of a shortnose sturgeon in western Albemarle Sound (Armstrong and Hightower 1999). Surveys in the Neuse River during 2001 and 2002 failed to capture any shortnose sturgeon (Oakley and Hightower 2007). The current distribution of the shortnose sturgeon in NC is thought to include only the Cape Fear and Pee Dee Rivers, and no spawning populations have been confirmed in the state [Shortnose Sturgeon Status Review Team (SSSRT) 2010]. Occurrence data specific to the action area vicinity are lacking. Based on its restriction primarily to large rivers, and more specifically riverine waters above the saltwater -freshwater interface, shortnose sturgeon occurrences within the high salinity waters of the action area (i.e., lower Newport River Estuary and Beaufort Inlet) are considered unlikely. The occurrence of a transient individual within the action area cannot be entirely discounted, as genetic studies indicate that some individuals move between the various populations (Quattro et al. 2002, Wirgin et al. 2005). Atlantic Sturgeon Extant spawning populations of the Atlantic sturgeon in NC are currently known from the Roanoke, Tar -Pamlico, Cape Fear, and potentially the Neuse River systems (ASSRT 2007). Laney et al. (2007) analyzed Atlantic sturgeon incidental capture data from winter tagging cruises along the NC and Virginia coasts. Cruises conducted in nearshore ocean waters from Cape Lookout to Cape Charles, Virginia captured 146 Atlantic sturgeons between 1988 and 2006. Captures typically occurred over sand substrate in nearshore waters that were less than 60 feet deep. Laney et al. (2007) concluded that shallow nearshore ocean waters along the NC coast represent an important winter (January -February) habitat and aggregation area for adult and subadult Atlantic sturgeon. Occurrence data for estuarine waters in the vicinity of the action area are lacking; however, based on the work by Laney et al. (2007), it is assumed that adult and subadult Atlantic sturgeon may occur in the vicinity of Beaufort Inlet during the winter months. No critical habitat has been designated in the vicinity of the action area. 4.1.3 Factors Affecting the Species Historical overharvesting contributed to drastic declines in shortnose and Atlantic sturgeon populations. Commercial exploitation of shortnose sturgeons continued into the 1950s, and Atlantic sturgeons were commercially exploited throughout most of the 20th century (NMFS 1998, ASSRT 2007). Although directed commercial harvest is no longer permitted, by -catch mortality associated with other fisheries remains a major threat. By -catch mortality associated with the shad and shrimp fisheries and water quality degradation in nursery habitats are the primary threats currently facing southeastern sturgeon populations (Collins et al. 2000). Dams that block access to spawning grounds are a major stressor in some southern river systems, including the Cape Fear River. Additional stressors include ship strikes and dredging (ASSRT 2007). Potential dredging effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, contaminant resuspension, and entrainment in hydraulic Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 7 dredge intake pipelines. A total of 18 Atlantic sturgeons were taken by hopper dredges during federal navigation dredging along the South Atlantic Coast from October 1990 to March 2012, including two at Wilmington Harbor (USACE 2014). No dredge takes have been reported at Morehead City Harbor. 4.1.4 Effects of the Proposed Action on Shortnose and Atlantic Sturgeon This assessment evaluates potential effects on shortnose and Atlantic sturgeon that may occur through the following impact mechanisms: physical disturbance and modification of soft bottom foraging habitat within the dredging footprint, sediment suspension and redeposition, and entrainment by hydraulic dredges. 4.1.4.1.1 Direct Impacts on Soft Bottom Foraging Habitat New dredging would directly impact 3.0 acres of soft bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to - 14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for shortnose and Atlantic sturgeon. Depending on shoaling rates, the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.1.4.1.2 Sediment Suspension and Redeposition Dredging -induced sediment suspension and associated increases in turbidity can affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., gill -breathing) of marine fishes (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes et al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 8 withdrawn from the bottom and moved through and above the water column (LaSalle et al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse - grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality. 4.1.4.1.3 Entrainment Hydraulic dredging operations can potentially impact shortnose and Atlantic sturgeon directly through entrainment in the dredge intake pipe. Although shortnose sturgeon have been taken by both hopper and cutterhead dredges in rivers along the North Atlantic Coast, no dredge takes have occurred along the South Atlantic Coast. The shortnose sturgeon is typically found in the upper portions of rivers above the freshwater -saltwater interface, which reduces the potential for dredge interactions. Based on the absence of reported dredge interactions along the South Atlantic Coast, its restriction primarily to the upper portions of rivers, and the low probability of occurrence in the action area; it is anticipated that the risk of direct injury to shortnose sturgeon from dredging operations would be negligible. Atlantic sturgeon have been taken by both hopper and cutterhead dredges during federal navigation dredging operations along the eastern US coast (USACE 2014b). However, all confirmed Atlantic sturgeon takes (n=5) by cutterhead dredges occurred in the upper Delaware River during the winter in an area that is known to contain dense aggregations of sturgeon that are resting on the bottom and exhibiting little movement. Analyses of cutterhead dredge intake velocities and sturgeon swimming capabilities indicate that the risk of entrainment is limited to juveniles within 1.0 meter of the dredge pipe intake (NMFS 2012). NMFS has determined through previous separate navigation dredging consultations that mechanical dredges are extremely unlikely to overtake or adversely affect sturgeon (NMFS 2020). Any occurrences of Atlantic sturgeon in the vicinity of the action area would likely consist of adults or subadults that would be able to avoid the dredge pipeline suction field. Based on the absence of reported cutterhead dredge interactions along the South Atlantic Coast and the absence of suitable juvenile nursery habitats in the vicinity of the action area, it is anticipated that the risk of direct injury to Atlantic sturgeon from dredging operations would be negligible. 4.1.5 Determination of Effect The risk of direct injury to sturgeon from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect shortnose and Atlantic sturgeon. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 9 4.2 Sea Turtles 4.2.1 Status, Distribution, and Habitat Loggerhead Sea Turtle The loggerhead sea turtle (Caretta caretta) was initially listed under the ESA as threatened throughout its range on 28 July 1978 (43 FR 32800). In 2011, the loggerhead's ESA status was revised to threatened and endangered based on the recognition of nine DPSs. Distinct population segments encompassing populations in the Northwest Atlantic Ocean, South Atlantic Ocean, Southwest Indian Ocean, and Southeast Indo-Pacific Ocean were reclassified as threatened; while the remaining five populations in the Northeast Atlantic Ocean, Mediterranean Sea, North Pacific Ocean, South Pacific Ocean, and North Indian Ocean were reclassified as endangered. Nesting in the US occurs along the Atlantic and Gulf coasts from southern Virginia to Texas, but is concentrated from NC through Alabama (NMFS and USFWS 2008). Post-hatchlings initially reside in neritic (continental shelf) waters where they inhabit convergence zones with accumulations of floating material such as sargassum. After a period of weeks or months, post- hatchlings enter oceanic waters and begin a juvenile oceanic phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. In the US, juvenile neritic phase loggerheads inhabit essentially all continental shelf waters along the Atlantic and Gulf of Mexico coasts; including protected estuarine waters (sounds and bays). Adults primarily inhabit offshore continental shelf waters from New York south through Florida and in the Gulf of Mexico. Adult loggerheads are less likely than juveniles to utilize enclosed shallow estuarine waters that have limited ocean access; however, shallow estuaries with expansive ocean access comprise important foraging habitats for both juveniles and adults (NMFS and USFWS 2008). Green Sea Turtle The green sea turtle (Chelonia mydas) was initially listed as endangered and threatened under the ESA on 28 July 1978 (43 FR 32800). Breeding populations in Florida and along the Mexican Pacific Coast were listed as endangered, while all other populations throughout the species' range were listed as threatened. In 2011, the green sea turtle's ESA status was revised to threatened and endangered based on the recognition of eight DPSs (81 FR 20057). All green sea turtles in the North Atlantic were listed as threatened under the North Atlantic Ocean DPS. Nesting in the US is primarily limited to Florida, although nesting occurs in small numbers along the southeast coast from Georgia to NC and the Gulf Coast of Texas. In US waters, green sea turtles are distributed along the Atlantic and Gulf Coasts from Massachusetts to Texas (NMFS and USFWS 2007a). Post-hatchlings migrate to oceanic waters and begin an oceanic juvenile phase of development. Oceanic phase juveniles appear to move with the predominant ocean gyres for several years before returning to neritic waters where juvenile development continues to adulthood. Neritic phase juveniles inhabit shallow estuarine waters and nearshore waters that are rich in seagrasses and/or marine macroalgae. Adults generally occur in relatively shallow foraging habitats with abundant seagrasses and macroalgae, but may enter the oceanic zone when migrating between foraging grounds and nesting beaches. No critical habitat has been designated for the green sea turtle in the continental US. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 10 Kemp's Ridley Sea Turtle Kemp's ridley turtles (Lepidochelys kempii) occur primarily in coastal waters of the Gulf of Mexico and the western North Atlantic Ocean. Data indicate that adults utilize coastal habitats of the Gulf of Mexico and the southeastern United States. Adults inhabit nearshore waters and are commonly found over crab -rich sandy or muddy bottoms. Nesting is limited primarily to the northeastern coast of Mexico, although rare nesting events have been recorded from the southeastern United States. Hatchlings migrate to the oceanic zone where they are carried by currents into various areas of the Gulf of Mexico and the North Atlantic Ocean. At approximately two years of age, juveniles leave the oceanic zone and move to coastal benthic habitats in the Gulf of Mexico and the Atlantic Ocean along the eastern United States. During this stage, juveniles occupy protected coastal waters such as bays, estuaries, and nearshore waters that are less than 165 ft. deep. Juveniles utilize a wide range of bottom substrates, but apparently depend on an abundance of crabs and other invertebrates (NMFS and USFWS 2007c). Leatherback Sea Turtle The leatherback turtle (Dermochelys coriacea), federally endangered, occurs in all oceans of the world and has the largest geographic range of any turtle. Nesting occurs on beaches throughout tropical and subtropical regions, and foraging turtles are distributed north and south into sub -polar regions. Major nesting areas in the western North Atlantic Ocean and Caribbean Sea include Florida, St. Croix, the United States Virgin Islands, Puerto Rico, Costa Rica, Panama, Columbia, Trinidad and Tobago, Guyana, Surinam, and French Guiana. Adults and sub -adults migrate seasonally to foraging areas in the northern latitudes, and during the summer and fall; the highest densities of leatherback turtles in the north Atlantic are located in Canadian waters (NMFS and USFWS 2007e). Although leatherback turtles are commonly known as highly pelagic animals, recent telemetry studies have documented high use foraging sites in continental shelf and slope waters (James et al. 2005). Leatherback turtles undertake extensive migrations between northern foraging grounds and tropical and subtropical nesting beaches. Little is known of the distribution and developmental habitat requirements of hatchling, juvenile, and sub -adult leatherback turtles (NMFS and USFWS 2007e). Hawksbill Sea Turtle Hawksbill turtles (Eretmochelys imbricata), federally endangered, are distributed circumglobally in tropical, and to a lesser extent, subtropical waters of the Atlantic, Indian, and Pacific Oceans. Nesting occurs on ocean beaches throughout the tropics and subtropics. In the continental United States, hawksbill turtles have been reported from all of the Gulf States and along the east coast as far north as Massachusetts; however, sightings north of Florida are rare. Major nesting areas in the western North Atlantic Ocean include the insular Caribbean, the Yucatan Peninsula in Mexico, and Panama. Nesting in the continental United States is primarily restricted to the southeastern coast of Florida and the Florida Keys (NMFS and USFWS 1993). Hatchlings are carried by ocean currents to the oceanic zone where they reside in major ocean gyres. Once a carapace length of eight to 12 inches is reached, juveniles leave the oceanic zone and move to nearshore habitats. Juveniles and adults are most commonly associated with coral reef habitats; however, additional habitats may include other hardbottom habitats, seagrass beds, algal beds, mangrove bays and creeks, or mud flats. As immature turtles increase in size, they occupy a series of habitats, with larger turtles showing some preference for deeper sites. Post pelagic juveniles and adults utilize a variety of food items that include sponges and other invertebrates, Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 as well as marine macroalgae (NMFS and USFWS 2007d). Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). 4.2.2 Occurrence in the Action Area Loggerhead, Green, and Kemps Ridley North Carolina's sounds and estuaries provide important developmental and foraging habitats for post -pelagic juvenile loggerhead, green, and Kemp's ridley turtles. Most of the information regarding the inshore distribution of marine turtles in North Carolina has been generated by studies in the Pamlico -Albemarle estuarine complex, where large numbers of loggerhead, green, and Kemp's ridley turtles are incidentally captured each year during commercial fishing operations. All three species are represented primarily by juveniles, with few reported captures of older juveniles and adults (Epperly et al. 2007). Juveniles of all three species move inshore during the spring and disperse throughout the sounds during the summer. Juveniles leave the sounds and move offshore during the late fall and early winter. Aerial surveys have shown a strong relationship between turtle sea distribution and sea surface temperature. Goodman et al. (2007) conducted aerial turtle surveys and sea surface temperature monitoring in Core Sound, Pamlico Sound, and adjacent nearshore ocean waters from July 2004 to April 2006. All but one of the 92 turtle observations occurred in waters where sea surface temperatures were above 11 degrees Celsius (°C). All sightings in the sounds occurred between 16 April and 20 November, and all sightings in the nearshore ocean occurred between 23 April and 27 November. The winter distribution of turtles offshore of Cape Hatteras was also correlated with sea surface temperatures above 11°C (Epperly et al. 1995c). In a similar study by Coles and Musick (2000), turtle distribution offshore of Cape Hatteras was restricted to sea surface temperatures >_13.3°C. Leatherback and Hawksbill The leatherback sea turtle is primarily a pelagic species of deep, offshore waters. Leatherbacks are known to occur in nearshore ocean waters during certain times of the year, but rarely enter interior estuarine waters. Epperly et al. (1995b) reported the appearance of significant numbers of leatherback turtles in nearshore ocean waters during May, coincident with the appearance of jellyfish prey. Aerial surveys by Goodman et al. (2007) along the Outer Banks coastline recorded only one leatherback in the nearshore ocean during the summer. Epperly et al. (1995a) reported the occurrence of three leatherback turtles in Core and Pamlico Sounds during December 1989. Hawksbill sea turtles are rare in NC and they rarely enter estuarine waters (Epperly et al. 1995a). A total of nine hawksbill turtle stranding incidents were reported along North Carolina beaches between 1998 and 2009 (Seaturtle.org 2011). Strandings were reported during the months of January, March, April, and November. Epperly et al. (1995b) reported the incidental capture of one hawksbill turtle in Pamlico Sound. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 12 Loggerhead Nearshore Reproductive Critical Habitat Nearshore ocean waters along Bogue Banks from the MHW line out to 1.6 kilometers (km) are designated as nearshore reproductive critical habitat for the loggerhead sea turtle (Figure 4). Nearshore marine critical habitat units represent reproductive habitat along nesting beaches that is used by hatchlings for egress to the open ocean and by nesting females for movements between beaches and the open ocean during the nesting season. Critical nearshore reproductive habitat PCEs include: 1) nearshore waters directly off the highest density nesting beaches and their adjacent beaches, 2) waters sufficiently free of obstructions and artificial lighting to allow transit through the surf zone to open water, and 3) waters with minimal manmade structures that could promote predators, disrupt wave patterns necessary for orientation, and/or create excessive longshore currents (79 FR 39855). 4.2.3 Factors Affecting the Species Threats that are common to all marine turtle species in estuarine and marine environments include fisheries by -catch, vessel strikes, marine debris ingestion or entanglement, and entrainment by hydraulic dredges (NMFS and USFWS 2007a-e). Threats associated with fisheries by -catch include entrapment in trawls and entanglement in a wide variety of other fishing gear. Shrimp trawling is the most detrimental fishing practice and the greatest overall anthropogenic cause of loggerhead turtle mortality. Mortality associated with shrimp trawling is estimated to be ten times that of all other anthropogenic activities combined. Vessel strikes are also a common cause of turtle mortality. Of all loggerhead turtle strandings that were reported from 1997 through 2005, 14.9% exhibited signs of vessel strikes. Marine turtles are vulnerable to direct injury by hopper dredges as a result of being entrained in the dredge intake pipe during the sediment extraction process. The Wilmington District USACE reported takes of 30 loggerhead, four Kemp's ridley, and three green sea turtles by hopper dredges in the vicinity of Wilmington Harbor from 1992-2013 (USACE 2016). Most of the reported takes in the vicinity of Morehead City Harbor (MCH) occurred during late November through mid -December and mid - March through April. Takes of hawksbill and leatherback sea turtles by dredges have not been reported along the southeastern US coast. Hawksbill sea turtles are rare in NC waters (Epperly et al. 1995a) and are primarily associated with coral reef habitats (NMFS and USFWS 2007c). Coral reef habitats along the NC coast are restricted to deep offshore waters >20 miles from shore (Maclntyre and Pilkey 1969, Maclntyre 2003). Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 13 Legend Loggerhead Beach Critical Habitat (USFWS, 2014) Loggerhead Beach and Nearshore Critical Habitat (NMFS, 2014) Loggerhead Critical Habitat - Winter (NMFS, 2014) Loggerhead Constricted Migratory Area (NMFS, 2014) 0 5 10 15 Miles Figure 4. Loggerhead Turtle Critical Habitat Biological Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 14 4.2.4 Effects of the Proposed Action on Sea Turtles This assessment considers potential effects on sea turtles that may occur through the following impact mechanisms: physical interactions with dredging equipment, physical disturbance and modification of benthic foraging habitat within the dredging footprint, and sediment suspension and redeposition. 4.2.4.1.1 Dredge Interactions The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when loggerhead, green, and Kemps ridley sea turtles are likely to be present in the vicinity of the action area. Construction and maintenance of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) and/or mechanical bucket dredges. Sea turtle takes by cutterhead dredges have not been reported along the southeastern US coast, and only one take by a mechanical dredge has been reported over the past several decades (NMFS 2012). In prior separate consultations with the Wilmington District, NMFS has made the determination that hydraulic cutterhead and mechanical navigation dredging activities are not likely to adversely affect sea turtles (NMFS 2012). Therefore, it is expected that the risk of sea turtle -dredge interactions resulting in injury or mortality would be negligible. 4.2.4.1.2 Impacts on Benthic Foraging Habitat Based on a review of NCDMF benthic habitat maps, there are no SAV or shell bottom habitats in the immediate vicinity of the proposed new dredging area. New dredging would directly impact 3.0 acres of potential soft bottom foraging habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of potential prey for sea turtles. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction and maintenance window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. 4.2.4.1.3 Sediment Suspension Dredging -induced sediment suspension and associated increases in turbidity may affect sea turtle behaviors such as foraging and habitat selection. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 15 resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Furthermore, it is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any behavioral effects on sea turtles. 4.2.5 Conservation Measures The following conservation measures would be implemented to avoid or minimize potential effects sea turtles: • Construction and maintenance dredging would be conducted within a 1 October to 31 January project window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. 4.2.6 Determination of Effect Loggerhead, Green, Kemps Ridley, Leatherback, and Hawksbill Sea Turtles The proposed dredging window of 1 October - 31 January encompasses periods of warmer water temperatures (October and November) when all five listed sea turtles could potentially occur in the vicinity of the action area. However, the risk of direct injury to sea turtles from dredging is considered negligible, and the proposed action would have only minor short-term effects on potential foraging habitats and water quality. Therefore, it is determined that the proposed action may affect, but is not likely to adversely affect the loggerhead, green, Kemps ridley, leatherback, and hawksbill sea turtles. Loggerhead Nearshore Reproductive Critical Habitat Nearshore reproductive critical habitat for the loggerhead sea turtle is located -3 miles from the proposed new dredging area along the oceanfront shoreline of Atlantic Beach. Therefore, it is determined that the proposed action would have no effect on nearshore reproductive critical habitat for the loggerhead sea turtle. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 16 5.0 REFERENCES Atlantic Sturgeon Status Review Team (ASSRT). 2007. Status Review of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Report to National Marine Fisheries Service, Northeast Regional Office. February 23, 2007. 174 pp. Armstrong, J.L. and J.E. Hightower. 1999. Potential for restoration of the Roanoke River population of Atlantic sturgeon. Applied Ichthyology 18:475-480. Coles, C.C. and J.A. Musick. 2000. Satellite Sea Surface Temperature Analysis and Correlation with Sea Turtle Distribution off North Carolina. Copeia 2000: 551-554. Collins, M.R., D.C. Walling, L.E. Zimmerman, R.F. Van Dolah. 2000. Savannah Harbor Biological Monitoring: Fish, Shellfish, and Benthos. Final report to U.S. Environmental Protection Agency, Atlanta, GA. Epperly, S.P., J. Braun, and A.J. Chester. 1995a. Aerial surveys for sea turtles in North Carolina inshore waters. Fishery Bulletin 93: 254-261. Epperly, S.P., J. Braun, and A. Veishlow. 1995b. Sea turtles in North Carolina waters. Conservation Biology 9: 384-394. Epperly, S.P., J. Braun, A.J. Chester, E.A. Cross, J.V. Merriner, and P.A. Tester. 1995c. The winter distribution of sea turtles in the vicinity of Cape Hatteras and their interactions with the summer flounder trawl fishery. Bull. Mar. Sci. 56: 547-568. Epperly, S.P., J. Braun -McNeill, and P.M. Richards. 2007. Trends in catch rates of sea turtles in North Carolina, USA. Endangered Species Research 3: 283-293. Goodman, M.A., J.B. McNeill, E. Davenport, and A.A. Hohn. 2007. Protected species aerial survey data collection and analysis in waters underlying the R-5306A Airspace: Final report submitted to U.S. Marine Corps, MCAS Cherry Point. NOAA Technical Memorandum NMFSSEFSC-551. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Laney, R.W., J.E. Hightower, B.R. Versak, M.F. Mangold, W.W. Cole Jr, S.E. Winslow. 2007. Distribution, habitat use, and size of Atlantic sturgeon captured during cooperative winter tagging cruises, 1988-2006. Am. Fish. Soc. Symp. 56, 167-182. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 Maclntyre, I.G. 2003. A Classic Marginal Coral Environment: Tropical Coral Patches off North Carolina, USA. Coral Reefs 22: 474. Maclntyre, I.G. and O.H. Pilkey. 1969. Tropical Reef Corals: Tolerance of Low Temperatures on the North Carolina Continental Shelf. Science 166: 374-375. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. Moser, M.L. and S.W. Ross. 1995. Habitat use ad movements of shortnose and Atlantic sturgeons in the Lower Cape Fear River, North Carolina. Transactions of the American Fisheries Society 124:225-234. National Marine Fisheries Service (NMFS). 2020. South Atlantic Regional Biological Opinion for Dredging and Material Placement Activities in the Southeast United States. NMFS. 2012. Endangered and Threatened Wildlife and Plants; Final Listing Determinations for Two Distinct Population Segments of Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) in the Southeast. 77 FR 5914. NMFS. 1998. Recovery Plan for Shortnose Sturgeon, Acipenser brevirostrum. Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pp. NMFS and United States Fish and Wildlife Service (USFWS). 2008. Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle (Caretta caretta), Second Revision. National Marine Fisheries Service, Silver Spring, MD and U.S. Fish and Wildlife Service. Atlanta, GA. NMFS and USFWS. 2007a. Loggerhead Sea Turtle (Caretta caretta) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007b. Green Sea Turtle (Chelonia mydas) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007c. Kemp's Ridley Sea Turtle (Lepidochelys kempii) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southwest Region, Albuquerque, NM. NMFS and USFWS. 2007d. Hawksbill Sea Turtle (Eretmochelys imbricata) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 18 Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 2007e. Leatherback Sea Turtle (Dermochelys coriacea) 5-Year Review: Summary and Evaluation. National Marine Fisheries Service, Office of Protected Resources, Silver Spring, MD and U.S. Fish and Wildlife Service, Southeast Region, Jacksonville Ecological Services Field Office, Jacksonville, FL. NMFS and USFWS. 1993. Recovery Plan for Hawksbill Turtles in the U.S. Caribbean Sea, Atlantic Ocean, and Gulf of Mexico. National Marine Fisheries Service, St. Petersburg, FL. Oakley, N.C. and J.E. Hightower. 2007. Status of shortnose sturgeon in the Neuse River, North Carolina. American Fisheries Society Symposium 56:273-284. Quattro, J.M., T.W. Greig, D.K. Coykendall, B.W. Bowen, and J.D. Baldwin. 2002. Genetic issues in aquatic species management: the shortnose sturgeon (Acipenser brevirostrum) in the southeastern United States. Conservation Genetics 3: 155-166. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, threatened, and rare fauna of North Carolina, part 2. A re-evaluation of the marine and estuarine fishes, North Carolina Biological Survey, Occasional Papers 1988-7 Raleigh, North Carolina. Seaturtle.org. 2017. Sea turtle rehabilitation and necropsy database, North Carolina stranding reports. On-line: http://www.seaturtle.org. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3R's of Environmental Dredging. Proceedings of the Western Dredging Association Twenty-ninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Shortnose Sturgeon Status Review Team (SSSRT). 2010. A biological assessment of shortnose sturgeon (Acipenser brevirostrum). Report to National Marine Fisheries Service, Northeast Regional Office. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. United States Army Corps of Engineers (USACE). 2016. Sea Turtle Protection and Data Warehouse. Available at: http://el.erdc.usace.army.mil/seaturtles/. USACE. 2014. Section 7(a)(2) and 7(d) Endangered Species Act Jeopardy Analysis of the Effect on Atlantic Sturgeon of Navigation Channel Maintenance Dredging and Dredging of Offshore Borrow Sources for Beach Sand Placement on the South Atlantic Coast (21 April 2014). USACE, South Atlantic Division, Atlanta, GA. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 19 Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal on macrobenthic communities in Sewee Bay, South Carolina. Tech. Rep. 39. South Carolina Marine Resources Center, Charleston, SC. Van Dolah, R.F., D.R. Calder, and D.M., Knott. 1984. Effects of dredging and open water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7:28-37. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wirgin, I., C. Grunwald, E. Carlson, J. Stabile, D.L. Peterson, and J. Waldman. 2005. Range - wide population structure of shortnose sturgeon, (Acipenser brevirostrum), based on sequence analysis of the mitochondrial DNA control region. Estuaries Vol. 28(3): 406- 421. Biological Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 20 ESSENTIAL FISH HABITAT ASSESSMENT NORTH BARGE FLEETING AREA EXPANSION PORT OF MOREHEAD CITY 5 July 2022 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, North Carolina 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, North Carolina 2 8401 El N I I NC DIAL ORDY TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION 1 3.0 DESCRIPTION OF THE ACTION AREA 6 4.0 Essential Fish Habitat and Managed fisheries IN THE ACTION AREA 7 4.1 Federally Managed Species 8 4.1.1 Peneaid Shrimp 8 4.1.2 Snapper -Grouper Complex 8 4.1.3 Summer Flounder 9 4.1.4 Coastal Migratory Pelagics 9 4.1.5 Bluefish 10 4.1.6 Smooth Dogfish 10 4.2 EFH and HAPC 11 4.2.1 Estuarine Water Column 11 4.2.2 Unconsolidated Bottom 11 4.2.3 Oyster Reefs and Shell Banks 11 4.2.4 Submerged Aquatic Vegetation 12 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh) 12 4.2.6 State -Designated Fish Nursery Areas 12 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES 17 5.1 Estuarine Water Column 17 5.1.1 Sediment Suspension and Turbidity 17 5.1.2 Larval Entrainment 18 5.2 Unconsolidated Bottom 18 5.3 Oyster Reefs and Shell Banks 19 5.4 Submerged Aquatic Vegetation (SAV) 19 5.5 Estuarine Emergent Wetlands (Tidal Marsh) 20 6.0 CONSERVATION MEASURES 20 7.0 REFERENCES 21 Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 ii LIST OF TABLES Page Table 1. EFH and HAPC in the vicinity of the action area 7 Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016). 8 LIST OF FIGURES Page Figure 1. Proposed Action Location Map 3 Figure 2. North Barge Fleeting Area Expansion Layout 4 Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry 5 Figure 4. NCDMF Shell Bottom Map 14 Figure 5. NCDMF SAV Map 15 Figure 6. State -Designated Fish Nursery Areas 16 Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iii LIST OF ACRONYMS °C Degrees Centigrade AIWW Atlantic Intracoastal Waterway ASMFC Atlantic States Marine Fisheries Commission CDF Confined Disposal Facility CPE Coastal Planning & Engineering, Inc. CWA Clean Water Act CY Cubic Yards DA Department of the Army DMMP Dredged Material Management Plan EFH Essential Fish Habitat FT Feet HAPC Habitat Areas of Particular Concern M Meters MAFMC Mid -Atlantic Fishery Management Council MCH Morehead City Harbor MSFCMA Magnuson -Stevens Fishery Conservation and Management Act NC North Carolina NCAC North Carolina Administrative Code NCDEQ North Carolina Department of Environmental Quality NCDMF North Carolina Division of Marine Fisheries NEFSC Northeast Fisheries Science Center NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NTU Nephelometric Turbidity Units PNA Primary Nursery Area PPT Parts Per Thousand RHA Rivers and Harbors Act SAFMC South Atlantic Fishery Management Council SAV Submerged Aquatic Vegetation SNA Secondary Nursery Areas TSS Total Suspended Solids USACE United States Army Corps of Engineers USC United States Code WID Water Injection Dredging Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 iv 1.0 INTRODUCTION This Essential Fish Habitat (EFH) Assessment has been prepared in accordance with the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) to address the effects of proposed new dredging work at the Port of Morehead City on EFH and federally managed fisheries. The North Carolina State Ports Authority (NCSPA) has requested Department of the Army (DA) authorization pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) to expand the existing north barge fleeting area in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. 2.0 LOCATION AND DESCRIPTION OF THE PROPOSED ACTION The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging every 2 to 5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ a hydraulic pipeline (cutterhead) dredge and/or a mechanical bucket dredge and scow system. Construction dredged material would be placed in one of the existing Port -owned confined disposal facilities; which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Construction disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 1 injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 2 m , � Vy PF the 6 � 133 '�—eYe I W a>eroa f1 1 afro I__ �;r _- 4. n 11 (� m 4 R C R 7-� sa„n,. s45l Fenn Pt I., or k o � 0 ^ avuc vaR CAE / 105 411 'S. 1 r11 �II 19iPt?h, 1 uSA(;E mnJuc, SAGE, s_ Frei, RGHT'WWI to paeda GMof WWI ein e 1 32ls r3rk,, knot `1c r ',:t; BEAUFORT T. '':)1;AlliUhtlsiwuLu� I25s 2oN5ME�� }TFI ds1 ft ` aM n � I,G 261 y) 7 II IfJ'ghl7 .3 GSJ _ ACA'r0lr - r "#\�_ti` n ry� A ��'I;5 r S ` T 22 •2fi 2625 �. ::i`rE `phec �'� Pt 10 Ppr1. 1'^ `�Q I/AM � E. i1 P w O &, S/Q U9hp \ j onThe1 o `A 3o1u F4t �� Y !� 6Leope�e, k. „ f. oa Straits' T H EMOREHEAE.:��d1,,, • y2 rker Cs B 9 0 Pt /r • , CITY\ : d 80GUE SOUND . - _ one unoll =.. A� 01nrvK „,,„ ,,0 _ aro I Islarcl — -- \Pse Nsrt lle wF r� �j \J Fla __ _ 11— `\ , Zo 1. y 10 ] _— I r z_i 3' 2 _ _ ��w fiy_�orien'r.n\� —` xa _ s�n 2e 3....a_21, 1b�—,1�11y�] �— — 3e 94 \\ 1 Z] \ 6 iSQ. 9J 37 3.3 •?9-'N• 3----„,, 43 40 —�� lY� _ 21 \L se 3a 22 1,E t;� a s (Project Location 5� bn 5h Y9 24 37:1vx �A I 22 S 22 Y 340 47 24 EP 50 50 bbs[nsep 4] 41 �, 21 /J� 49 5(1 48 41 $d '5' II �msr� �ll �l 4fj;ppy(r. &] bi 1 .?,-,.a.,,,, J3Ili 44 �r 2: • �rf �4A 50 52 5t c0 al v lN4so ... .. S5h 51 43 33 48 �f40M1, 52 50 51 PO 36 'h n G 3 FIR2bs z 29 �n� �9 54 — 37 '— 29 \_ 41 34 33 ` `— 2P �\ •13 39 r5 34 �] 5\ 39 3133. 46 46 39 98 A4 43 3�f� 41 47 46 41 su+5 AFSTRICTEQ AREA 45 i551 43 a6 (50 CFR224. 105; see Pate EJ �I 51 41 Obstr� ' FHgEE 51 :., NNUhCq�M/(F 50 43 :3?: Obsh: !il Pilot Boarding Area 1 F /NErs'�^ore XJ 4A 4] 4a Prn4ersquatlror F, _ �'1Ta'/c�r rl�� 60 549 14 4S =L •' 49 48 SI 32 F1G2.5s ��1 c8 9� 3: ar v 8 5Sn 99 S.M �8 Q oq a`0 r3 34 39 0 II 51 48 !� Q.y.�� �! 4a 41 QJ 4G . QA `ry ,,m :eT 4.0739 40P sIe ma^ar�a.� 42 t"R S Sir �2 91 Figure 1. Proposed Action Location Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 3 Marsh Island Disposal Area -16CO -ICAO -15.00 4DO `Y = 3fi335243]3� Existing -14-ft Fleeting Area Proposed -14-ft Expansion Area Proposed 3:1 slope Figure 2. North Barge Fleeting Area Expansion Layout Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 4 co co co to co a co co 0 M 0 co co CO0 co co0 CO 0 CD ea 0 N CO C7 2692400 2692600 ,4 1�11.1thi AA! t wily 2111110/vdrA R itll 1 04 pggivimpla iocoliarorm ifillilE rapt co CO0 0 0 CO co 0 Cci CI 0 NCO C7 A- A' Bathymetric Profile Graph 5 6 Existing Bathymetry Profile 7 8 9 Proposed Bathymetry Profile 1 3:1 ore Proposed Fleeting Area Existing Fleeting Area 2 Area J 1 1 1 1 1 1 1 4 6 14 16 0 a - 1 1 50 100 150 200 ❑istance (feet) B - B' Bathyrretric Profile Graph 250 3R.R.! Existing Bathymetry Profile Proposed Bathymetry Profile Slope Area Proposed Fleeting Area xisting Fleeting Area 16o 150 260 Distance (feet) C - C' Bathymetric Profile Graph 0 0 Existing Bathymetry Profile 0 50 100 150 200 Distance (feet) 250 300 Legend Profile Location Barge Fleeting Area r/i k\1 Existing Fleeting Area Proposed Fleeting Area Proposed 3:1 Slope 1ft Contour (MLBAft Elevation (MLLW) Value - High : -2 Low : -30 0 150 300 450 e 600 Feet Figure 3. North Barge Fleeting Expansion Area - Existing and Proposed Bathymetry Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 5 3.0 DESCRIPTION OF THE ACTION AREA The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 6 4.0 ESSENTIAL FISH HABITAT AND MANAGED FISHERIES IN THE ACTION AREA The action area encompasses marine and estuarine habitats that are designated as EFH and/or Habitat Areas of Particular Concern (HAPCs) in Fishery Management Plans (FMPs) developed by the South Atlantic Fisheries Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and/or the National Marine Fisheries Service (NMFS) (Table 1). The MSFCMA defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." HAPCs comprise a more specific subset of EFH that are considered to be especially critical due to factors such as rarity, susceptibility to human -induced degradation, and/or high ecological importance. Federally managed species and associated EFH/HAPCs that occur in the vicinity of the action area are described in the sections below. Table 1. EFH and HAPC in the vicinity of the action area. SPECIES/GROUP EFH/HAPC SAFMC EFH Penaeid Shrimp Tidal Estuarine Emergent Wetlands Submerged Aquatic Vegetation Subtidal/Intertidal Non -vegetated Flats Snapper -Grouper Tidal Estuarine Emergent Wetlands Tidal Creeks Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Unconsolidated Bottom Coastal Migratory Pelagics Primary Nursery Areas Coastal Inlets SAFMC HAPC Penaeid Shrimp Primary Nursery Areas Coastal Inlets Snapper Grouper Primary Nursery Areas Submerged Aquatic Vegetation Oyster Reefs and Shell Banks Coastal Inlets Coastal Migratory Pelagics Coastal Inlets High Salinity Estuaries (Bogue Sound) MAFMC EFH Summer Flounder Estuaries with salinities >0.5 ppt Bluefish Estuaries Atlantic Butterfish Inshore pelagic habitats MAFMC HAPC Summer Flounder Submerged Aquatic Vegetation NMFS EFH Highly Migratory Species (Smooth Dogfish) Estuaries Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 7 4.1 Federally Managed Species 4.1.1 Peneaid Shrimp Federally managed penaeid shrimp in NC include brown shrimp (Farfantepenaeus aztecus), pink shrimp (F. duorarum), and white shrimp (Litopenaeus setiferus). Adults spawn offshore in high salinity oceanic waters during the winter or spring, and the ocean -spawned larvae and post -larvae are transported by currents to inshore estuarine nursery habitats where they maintain a benthic existence (SAFMC 1981). Larval and post -larval estuarine recruitment periods vary among the three species (Table 2). Penaeid shrimp tolerate a wide range of salinities (Table 2) and are most abundant in shallow mud -silt habitats where they congregate at the highly productive marsh -water interface. As their size increases, shrimp move toward higher -salinity ocean waters, eventually migrating offshore in the fall. The action area encompasses habitats that are designated as EFH and HAPCs for all life stages of penaeid shrimp; including estuarine tidal marshes, subtidal and intertidal non -vegetated flats, coastal inlets, submerged aquatic vegetation (SAV), and state designated Primary Nursery Areas (PNAs) and Secondary Nursery Areas (SNAs). Table 2. Penaeid shrimp salinity requirements and recruitment periods (NCDEQ 2016). Species Salinity (ppt) Juvenile Recruitment Brown Shrimp 2-35 February - March Pink Shrimp 0-35 June - October White Shrimp 2-35 April - May 4.1.2 Snapper -Grouper Complex The snapper -grouper complex is an assemblage of 59 species that share a common association with hardbottom or reef habitats during part of their life cycle. Snappers (Lutjanidae), groupers (Serranidae), porgies (Sparidae), and grunts (Haemulidae) generally inhabit offshore reef and hardbottom habitats; whereas, nearshore ocean hardbottoms along the NC coast have cooler temperatures and a fish community dominated primarily by black sea bass (Centropristis striata), scup (Stenotomus chrysops), and associated temperate species (Sedberry and Van Dolah 1984). Most snapper -grouper species are associated with offshore reef and hardbottom habitats throughout their life cycle; however, a few species such as black sea bass, gag (Mycteroperca microlepis), gray snapper (Lutjanus griseus), and lane snapper (L. synagris) use estuarine nursery habitats for juvenile development (SAFMC 1998, NCDMF 2006). Juveniles of these estuarine -dependent species emigrate from the estuary to nearshore hardbottom habitats in the Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 8 fall, and eventually move to offshore reef and hardbottom habitats. Moser et al. (1999) reported that juvenile gag, red grouper, and black grouper recruited to the lower Newport River Estuary and Bogue Sound from mid -April to early June and remained through early November. Juveniles were found only in polyhaline habitats near inlets, initially occupying SAV beds for 3-4 months before moving to complex structural habitats such as estuarine jetties. Caridean shrimp comprised 51% of the total food volume consumed, with Penaeid shrimp and fish contributing 21% and 16% of the total volume, respectively. Amphipods and copepods were frequently consumed, but comprised only a small percentage of the overall volume. The action area encompasses habitats that are designated as EFH and HAPCs for the juvenile life stages of estuarine -dependent snapper -grouper species; including estuarine tidal marsh, tidal creeks, unconsolidated bottom, SAV, oyster reefs, and state -designated PNAs and SNAs. 4.1.3 Summer Flounder The geographic range of the summer flounder (Paralichthys dentatus) includes shallow estuaries and outer continental shelf waters along the Atlantic Coast from Nova Scotia to Florida (Packer et al. 1999). Adult summer flounder exhibit strong seasonal inshore -offshore movements; concentrating in estuaries and sounds from late spring through early fall before migrating offshore to the outer continental shelf where spawning occurs during the fall and early winter. Larvae and post larvae recruit to estuarine nursery habitats from October to May and eventually settle to the bottom and bury into the sediment where development to the juvenile life stage is completed. Late larval and juvenile flounder actively prey on crustaceans, copepods, and polychaetes (NEFSC 1999). Juveniles prefer sandy shell substrates; but also inhabit marsh creeks, mud flats, and seagrass beds. Juveniles often remain in North Carolina estuaries for 18 to 20 months. Adults prefer sandy substrates, but also use seagrass beds, tidal marsh creeks, and sand flats (ASFMC 2011c and d, NEFSC 1999). The action area encompasses habitats that are designated as EFH and HAPCs for larval, juvenile, and adult summer flounder; including estuarine waters with salinities >0.5 ppt and SAV. 4.1.4 Coastal Migratory Pelagics The coastal migratory pelagics management unit includes Spanish mackerel (Scomberomorus. maculates), king mackerel (S. cavalla), and cobia (Rachycentron canadum). Adult Spanish mackerel spawn in groups over the inner continental shelf; beginning in April off the Carolinas. Larvae are most commonly found in nearshore ocean waters at shallow depths less than 30 ft. Most juveniles remain in nearshore ocean waters, but some use high salinity estuaries (e.g., Bogue Sound) as nursery habitats. Adult Spanish mackerel spend most of their lives in the open ocean but are also found in tidal estuaries and coastal waters (ASMFC 2011a, 2011b, Mercer et al. 1990). King mackerel are primarily a coastal species, with smaller individuals of similar size forming schools over reefs and areas of bottom relief, and larger solitary individuals preferring anthropogenic structures and wrecks. Cobia are found over the continental shelf and in high salinity estuaries; preferring waters in the vicinity of reefs and artificial structures such as pilings and buoys. Cobia spawning along NC occurs primarily in offshore ocean waters during May and Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 9 June; however, spawning has also been observed in estuaries and shallow bays, with the young moving offshore soon after hatching (SAFMC 1983 and 2011). In Bogue Sound, Spanish mackerel and cobia larvae are common in the seawater (>25 ppt) salinity zone, while adults and juveniles are abundant to common in both the seawater and mixing (0.5-25 ppt) zones (Nelson et al 1991). The action area encompasses habitats that are designated as EFH and HAPCs for coastal migratory pelagics; including high salinity estuaries, coastal inlets, SAV, and state - designated PNAs and SNAs. 4.1.5 Bluefish The bluefish (Pomatomus saltatrix) is a migratory, pelagic species found in temperate and semi- tropical continental shelf waters around the world with the exception of the north and central Pacific. In North America, bluefish range from Nova Scotia to Florida in the Atlantic Ocean and from Florida to Texas in the Gulf of Mexico. Spawning in the South Atlantic Bight occurs near the shoreward edge of the Gulf Stream primarily during April and May. Larval development occurs in the upper water column over the outer continental shelf, with transitional pelagic juveniles eventually moving to nearshore ocean and estuarine waters that serve as the principal nursery habitats for juvenile development (Kendall and Walford 1979). Estuarine juveniles are most commonly associated with sandy unconsolidated bottom habitats; but also use mud/silt bottom, SAV, marine macroalgae, oyster reefs, and tidal marshes (Shepherd and Packer 2006). Juveniles are common in high salinity estuaries along the southern NC coast during summer and fall, where they are usually associated with salinities of 23 to 33 ppt; however, juveniles are found at salinities as low as 3 ppt (Fahay et al. 1999). Designated inshore EFH for juvenile and adult bluefish along the southern NC coast includes estuaries below MHW. 4.1.6 Smooth Dogfish The smooth dogfish (Mustelus canis) is a small, migratory, demersal shark species of inshore and continental shelf waters from Massachusetts to northern Argentina in the Atlantic Ocean. The species is viviparous, with pupping occurring in estuarine waters from Virginia to Massachusetts (McCandless et al. 2007). Pups are born during spring and summer, and juveniles remain in estuarine nursery areas until fall. Larger juveniles occupy deeper estuarine waters before joining adults on the continental shelf. Juveniles in estuarine nursey areas prey on polychaetes, decapod shrimp, crabs, bivalves, and small estuarine fish (Able and Fahay 2010). Adults undertake seasonal migrations between inshore pupping grounds and offshore wintering grounds on the on the outer continental shelf (Branstetter 2002; Able and Fahay 2010). Adults migrate inshore during the spring when water temperatures reach 6 to 7 °C, and move offshore during the early fall as water temperatures decrease (Compagno 1984). Inshore estuarine waters in the vicinity of the action area are designated as EFH for all life stages of the smooth dogfish. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 10 4.2 EFH and HAPC 4.2.1 Estuarine Water Column The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lowermost polyhaline reach of the Newport River Estuary. Just below the fleeting area, the estuary converges with Bogue Sound, Back Sound, and Beaufort Inlet. Beaufort Inlet extends -2.5 miles from the Port of Morehead City to the Atlantic Ocean. Beaufort Inlet is an important transport corridor for the planktonic eggs and larvae of estuarine -dependent fishes and invertebrates that spawn offshore as adults and reside in estuarine nursery areas during juvenile development. Successful recruitment of ocean -spawned planktonic larvae to estuarine nursery areas is dependent on passive ocean -to -sound transport through a relatively small number of narrow tidal inlets. Larvae spawned offshore are transported shoreward by the prevailing currents, eventually accumulating in the nearshore ocean zone where they are picked up by long -shore currents and transported to inlets (Churchill et al. 1999). Temporal patterns of larval transport through Beaufort Inlet were described by Hettler and Chester (1990). Overall larval densities within the inlet were highest from late May to early June and lowest in November. Species richness was also highest (32 taxa) from late May to early June and lowest (3 taxa) in November. 4.2.2 Unconsolidated Bottom Intertidal and shallow subtidal unconsolidated bottom habitats provide abundant food resources for estuarine -dependent juveniles in an environment that is relatively inaccessible to large predators via shallow depths (SAFMC 1998). Shallow unconsolidated bottom habitats support highly productive benthic microalgal communities. Benthic microagal primary production, along with imported primary production in the form of phytoplankton and detritus, supports highly productive benthic infaunal invertebrate communities that comprise the prey base for most estuarine -dependent demersal fishes; including summer flounder and estuarine -dependent species of the snapper -grouper complex. Penaeid shrimp are most abundant in shallow unconsolidated bottom habitats at the highly productive shallow bottom -marsh interface (NCDEQ 2016). Unconsolidated bottom habitats consisting of fine sand to silty fine sand comprise all of the benthic habitat within the proposed new dredging area (Catlin Engineers 2013). 4.2.3 Oyster Reefs and Shell Banks Shell bottom habitats include oyster reefs, aggregations of non -reef building shellfish species [e.g., clams and scallops (Argopecten irradians, A. gibbus)], and surface concentrations of broken shells (shell hash). Oysters are the dominant reef -building species of estuarine shell bottom habitats in NC. Non -reef building shellfish species that occur at densities sufficient to provide structural habitat for other organisms include scallops, pen shells (Atrina seratta, A. rigida), and rangia clams (Rangia cuneata) (SAFMC 2009). Shell bottom habitats function as important nursery and foraging areas for estuarine -dependent juveniles. Shell bottom structure provides refuge from predation and concentrates macroinvertebrates that comprise the prey base for many Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 11 estuarine -dependent juvenile fishes (NCDEQ 2016). NCDMF benthic habitat maps depict a narrow linear zone of shell bottom habitat -300 feet west of the proposed new dredging area along the shoreline of Marsh Island (Figure 4). Additional mapped shell bottom habitats are distributed throughout the surrounding Newport River Estuary. 4.2.4 Submerged Aquatic Vegetation Submerged Aquatic Vegetation (SAV) in NC estuaries encompasses a number of bed -forming rooted aquatic vascular plants (NCDEQ 2016). SAV beds occur on subtidal and occasionally intertidal sediments in sheltered estuarine waters. Environmental requirements include unconsolidated sediments for root and rhizome development, adequate light reaching the bottom, and moderate to negligible current velocities (Thayer et al. 1984, Ferguson and Wood 1994). SAV beds provide important structural fish habitat and perform important ecological functions such as primary production, sediment and shoreline stabilization, and nutrient cycling (NCDEQ 2016). SAV habitats are important nursery areas for the juveniles of estuarine -dependent species; including species of the snapper -grouper complex, bluefish, summer flounder, and penaeid shrimp. NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area (Figure 5). Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Additional mapped SAV habitats are distributed throughout the surrounding Newport River Estuary. 4.2.5 Estuarine Emergent Wetlands (Tidal Marsh) Along with shallow unconsolidated bottom areas, salt and brackish marshes along the NC coast function as important nursery habitats for federally managed species such as summer flounder, penaeid shrimp, and estuarine dependent species of the snapper -grouper complex. Penaeid shrimp are considered critically linked to marsh edge habitat (SAFMC 1998). The majority of the state designated fish nursery areas in NC encompass shallow soft bottom areas and associated fringing tidal marshes (NCDEQ 2016). Tidal marshes in the lower polyhaline Newport River Estuary are dominated by monospecific zones of smooth cordgrass (Spartina alterniflora) and black needlerush (Juncus romerianus). No tidal marshes are present within the proposed new dredging area. The nearest tidal marshes are located -300 feet west of the proposed dredging footprint along the shoreline of Marsh Island. The tidal marsh along the eastern shoreline of Marsh Island consists of an approximately 400-ft-wide zone of smooth cordgrass. 4.2.6 State -Designated Fish Nursery Areas Primary Nursery Areas (PNAs) are defined as "those areas in the estuarine system where initial post -larval development takes place" [15 North Carolina Administrative Code (NCAC) 31 .0101(b)(20)(E)]. PNAs support uniform populations of very early juveniles and are typically located in the upper reaches of the estuarine system. Secondary Nursery Areas (SNAs) are Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 12 defined as "those areas in the estuarine system where later juvenile development takes place." Secondary Nursery Areas support uniform populations of developing subadults that have moved from PNAs to the lower portions of the estuarine system. For most estuarine -dependent species, larval settlement occurs in the uppermost reaches of shallow tidal creek systems (Weinstein 1979, Ross and Epperly 1985). The abundance of juveniles in estuarine nursery areas generally peaks between April and July (Ross and Epperly 1985). PNAs and SNAs are designated as HAPC for shrimp, coastal migratory pelagics, and estuarine dependent species of the snapper -grouper complex. Designated PNAs that are nearest to the proposed new dredging area are located - 1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 6). The nearest additional PNAs and SNAs are located in the Newport River -4 miles upstream of the proposed new dredging area. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 13 Barge Fleeting Expansion Area DMF Shell Bottom Habitat - Shell Bottom _ S - Intertidal Firm Non -vegetated Shell C - Subtidal Soft Non -vegetated Shell _ U - Intertidal Hard Vegetated Shell ▪ G - Subtidal Firm Non -vegetated Shell ▪ K - Subtidal Hard Non -vegetated Shell ▪ 0 - Intertidal Firm Vegetated Shell 1:23,222 0 0,15 0.3 I I , 0 0,25 0.5 0.6 mi Il 1 km Sources: Esri, Airbus OS, USGS, NGA, NASA, CGIAR, N Robinson. NGEAS, NLS. OS, NMA, GeodatasTyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, HERE, Germin, FAO, NOAA, USGS, © OpenelreetMap contributors, and the GIS User Community Figure 4. NCDMF Shell Bottom Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 14 „yst �1 Fisher 5t ad City 70 West nd of rloaf land ,..). Morehead City Harbor .L oh / Alk\c,60.7„.. Oft .F • 010 Cau 1-lw0 70 Radio !s \ PPr 1 ro Oft • 6/14/2022 • NC SAV Mosaic 1981 to 2015 1:23,222 0 0.15 0.3 0.0 ml 0 0.25 0.5 1 km Sources: Esri, Airbus OS, USGS, NGA, NASA. CGIAR, N Robinson, NCEAS, NLS, CS, NMA, Geodatastyrelsen, RlJkswalerstaal, GSA, Geoland, FEMA, Intermap and the G€S user community, Sources: Earl, HERE. Garmin, FAO, NOM., USGS, Al OpenStreetMap contributors, and the GIS User Community 0 Barge Fleeting Expansion Area Figure 5. NCDMF SAV Map Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 15 nt Village F n �G' t z Ra' ad City Crab Point Club N k o nde 5 Morehead City � r m Money Island Atlantic Beach Buy ( Morehead City Harbor n t y a s a, 'a V 22 sad �1 Michael J Smith Field El Steep Pine Fork FiRi Beaufort Cr C ��nfJ ,, Want s, 0 Buck Sound 6/14/2022 FNA NCDMF - Fishery Nursery Areas Primary Nursery Areas Secondary Nursery Areas Barge Fleeting Expansion Area 1:60,112 0 0.42 0.85 1 .7 mi I I , 0 0.5 I 2 km Solaces', Esrl, Airbus OS, LOGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, HERE. Garmin, FAO, NOAA, U5G5, V open51ree1Map contributors, and the 515 User community Figure 6. State -Designated Fish Nursery Areas Essential Fish Habitat Assessment Newport River Barge Fleeting Area Expansion Dial Cordy and Associates Inc. July 2022 16 5.0 EFFECTS OF THE PROPOSED ACTION ON EFH AND MANAGED SPECIES This assessment considers potential effects on EFH/HAPCs and federally managed species that may occur through the following impact mechanisms: physical disturbance and modification of benthic habitat within the dredging footprint, sediment suspension and redeposition, and larval entrainment. Analyses of potential effects on EFH/HAPCs and federally managed species are presented according to habitat type. 5.1 Estuarine Water Column 5.1.1 Sediment Suspension and Turbidity Dredging -induced sediment suspension and associated increases in turbidity may affect the behavior (e.g., feeding, predator avoidance, habitat selection) and physiological functions (e.g., photosynthesis, gill -breathing, filter -feeding) of marine fishes and invertebrates (Michel et al. 2013). The extent and duration of dredging -induced sediment suspension are influenced by sediment composition at the dredge site, the type of dredge employed, and hydrodynamic conditions at the dredge site (Wilber et al. 2005). Sediment suspension by cutterhead dredges is generally confined to the near bottom water column in the immediate vicinity of the rotating cutterhead assembly (LaSalle et al. 1991). Based on sediment resuspension data collected during navigation dredging projects, Hayes et al. (2000) and Hayes and Wu (2001) reported average cutterhead dredge sediment resuspension rates ranging from 0.003 to 0.135% of the fine silt/clay fraction. Mechanical dredges (bucket and clamshell) generally have higher sediment suspension rates due to the washing of material out of the bucket as it is withdrawn from the bottom and moved through and above the water column (LaSalle et al. 1991). Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). Regardless of dredge type, prolonged sediment suspension and extensive turbidity plumes are primarily associated with the suspension of fine silt/clay particles that have relatively slow settling velocities, whereas sands and gravels that make up the coarse -grained sediment fraction resettle rapidly in the immediate vicinity of the dredge (Schroeder 2009). As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of federally managed species to sediment suspension effects. In the specific case Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 17 of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and federally managed species would be minor and short-term. 5.1.2 Larval Entrainment Cutterhead pipeline dredges have the potential to entrain fishes and invertebrates during all life cycle phases; including adults, juveniles, larvae, and eggs. Among adult and juvenile fishes, demersal species that inhabit the near -bottom water column environment are most likely to be entrained (Reine and Clarke 1998); although studies have also reported the entrainment of pelagic fishes in small numbers (McGraw and Armstrong 1990). Entrainment studies indicate that dredging elicits an avoidance response by demersal and pelagic species and that most juvenile and adult fishes are successful at avoiding entrainment (Larson and Moehl 1990, McGraw and Armstrong 1990). Planktonic eggs and larvae that lack avoidance capabilities are more vulnerable to entrainment by hydraulic dredges, especially during ingress periods when they are concentrated in inlets. The results of a long-term sampling program at Beaufort Inlet indicate that larval densities within the inlet are highest from late May to early June and lowest in November (Hettler and Chester 1990). In the case of cutterhead pipeline dredging, the proposed action would affect federally managed estuarine -dependent species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of federally managed species would be negligible. 5.2 Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent periodic maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. Depending on shoaling rates, Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 18 the affected benthic infaunal communities would experience recurring maintenance dredging impacts every 2 to 5 years. Studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated federally managed species would be minor and short-term. 5.3 Oyster Reefs and Shell Banks As previously described, NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island-300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint and the contiguous AIWW channel. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated federally managed species would be minor and short- term. 5.4 Submerged Aquatic Vegetation (SAV) As previously described, NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 19 Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated federally managed species from dredging -induced sediment suspension and redeposition would be minor and short-term. 5.5 Estuarine Emergent Wetlands (Tidal Marsh) As previously described, the only tidal marshes in the vicinity of proposed new dredging area are located —300 feet west of the dredging footprint along the shoreline of Marsh Island. Therefore, the proposed action would not be expected to have any effect on tidal marshes. 6.0 CONSERVATION MEASURES The following conservation measures would be implemented to avoid or minimize potential effects on EFH/HPAC and federally managed species: • Dredging would be conducted within a 1 October to 31 January construction window. • Water injection dredging (WID) would be conducted only on falling tides. • Good Engineering Practices (GEPs) and Best Management Practices (BMPs) would be applied to all dredging activities. • Dredged material delivery pipelines would be routinely inspected for pressurized leaks, and any leaks that are found would be immediately repaired. • Dredging contractors would be required to maintain spill control plans and waste management plans for all dredging fleet equipment. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 20 7.0 REFERENCES Able, K.W. and M.P. Fahay. 2010. Ecology of estuarine fishes: temperate waters of the western North Atlantic. Baltimore: The Johns Hopkins University Press; 2010. 566p. Atlantic States Marine Fisheries Commission (ASMFC). 2011a. Managed Species Spanish Mackerel, Species Profile. Washington, D.C. Accessed March 2011. ASMFC. 2011 b. Managed Species Spanish Mackerel, Habitat Fact Sheet. Washington, D.C. Accessed March 2011. ASMFC. 2011c. Managed Species Summer Flounder, Habitat Fact Sheet. Washington, D.C. Accessed March 2009. ASMFC. 2011d. Managed Species Summer Flounder, Species Profile. Washington, D.C. Accessed March 2009. Branstetter, S. 2002. Smooth Dogfish/Mustelus canis canis (Mitchill 1815). In: B.B. Collette BB, Klein-MacPhee G, editors, Fishes of the Gulf of Maine, 3rd ed. Washington: Smithsonian Institution Press; 2002. P 37-38. Churchill, J.H., R.B. Forward, R.A. Luettich, J.L. Hench, W.F. Heftier, L.B. Crowder, and B.O. Blanton. 1999. Circulation and Larval Fish Transport within a Tidally Dominated Estuary. Fisheries Oceanography 8: 173-189. Cleary W.J. and A.C. Knierim. 2001. Turbidity and suspended sediment characterizations: Nixon Channel dredging and beach rebuilding, Figure Eight Island, NC. Report submitted to Figure Eight Beach Homeowners Association, Figure Eight Island, NC, 33 pp. Coastal Planning & Engineering, Inc. (CPE). 2004. Bogue Inlet Channel Erosion Response Project Final Environmental Impact Statement (FEIS). Prepared for the Town of Emerald Isle and submitted to the Army Corps of Engineers. April 2004. Colden, A.M. and R.N. Lipcius. 2015. Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Marine Ecology Progress Series, 527: 105-117. Compagno, L.J.V. 1984. FAO species catalogue. Vol.4. Sharks of the world. An annotated and illustrated catalogue of shark species known to date. Part 1. Hexanchiformes to Lamniformes. Ferguson, R.L. and L.L. Wood. 1994. Rooted Vascular Aquatic Beds in the Albemarle -Pamlico Estuarine System. NMFS, NOAA, Beaufort, NC, Project No. 94-02, 103 pp. Hayes, D. and P.Y. Wu. 2001. Simple approach to TSS source strength estimates. In Proceedings of the WEDA XXI Conference, Houston, TX, June 25-27, 2001. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 21 Hayes, D., T. Crockett, T. Ward, and D. Averett. 2000. Sediment resuspension during cutterhead dredging operations. Journal of Waterway, Port, Coastal, and Ocean Engineering 126(3):153-161. Hettler, W.F. and A.J. Chester. 1990. Temporal Distribution of Ichthyoplankton near Beaufort Inlet, North Carolina. Marine Ecology Progress Series 68: 157-168. Kendall, A.W.J. and L.A. Walford. 1979. Sources and distribution of bluefish, Pomatomus saltatrix, larvae and juveniles off the east coast of the United States. Fishery Bulletin 77:213-227. Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Larson, K. and C. Moehl. 1990. Fish entrainment by dredges in Grays Harbor, Washington. In: Effects of dredging on anadromous Pacific Coast fishes. C. A. Simenstad, ed., Washington Sea Grant Program, University of Washington, Seattle, 102-12. LaSalle, M.W., D.G. Clarke, J. Homziak, J.D. Lunz, and T.J. Fredette. 1991. A framework for assessing the need for seasonal restrictions on dredging and disposal operations. Technical Report D-91-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. McCandless, C.T., N.E. Kohler, and H.L. Pratt Jr. editors. Shark nursery grounds of the Gulf of Mexico and the East Coast waters of the United States. Bethesda: American Fisheries Society, Symposium 50; 2007. 402 p. McGraw, K.A. and D.A. Armstrong. 1990. Fish Entrainment by Dredges in Grays Harbor, Washington. pp. 113-131. In: C.A. Simenstad (ed.). Effects of Dredging on Anadromous Pacific Coast Fishes. Workshop Proceedings, University of Washington Sea Grant, FL. Mercer, L. P., L.R. Phalen, and J.R. Maiolo. 1990. Fishery Management Plan For Spanish Mackerel, Fisheries Management Report No. 18 of the Atlantic States Marine Fisheries Commission Washington, DC. North Carolina Department of Environment, Health, and Natural Resources Morehead City, NC, and East Carolina University Department of Sociology and Anthropology, Greenville, NC. November 1990. Michel, J., A.C. Bejarano, C.H. Peterson, and C. Voss. 2013. Review of biological and biophysical impacts from dredging and handling of offshore sand. OCS Study BOEM 2013-0119 Herndon, Virginia: U.S. Department of the Interior, Bureau of Ocean Energy Management. Mid -Atlantic Fishery Management Council (MAFMC). 1990. Fishery Management Plan for the Bluefish Fishery, Prepared by Mid -Atlantic Fishery Management Council and the Atlantic State Marine Fisheries Commission in cooperation with the National Marine Fisheries Service, the New England Fishery Management Council, and the South Atlantic Management Council. Dover, Delaware. Updated February 2009; Accessed March 2011. Nelson, D.M., E.A. Irlandi, L.R. Settle, M.E. Monaco, and L. Coston-Clements. 1991. Distribution and Abundance of Fishes and Invertebrates in Southeast Estuaries. ELMR Rep. No. 9. NOAA/NOS Strategic Environmental Assessments Division, Silver Spring, MD. 167 p. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 22 North Carolina Department of Environmental Quality (NCDEQ). 2016. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, NCDMF. NCDMF. 2006. Stock status of important coastal fisheries in North Carolina. NCDMF, Morehead City, NC. NEFSC. 1999. Essential Fish Habitat Source Document: Summer Flounder, Paralichthys dentatus, Life History and Habitat Characteristics. Woods Hole, Massachusetts. September 1999. Reine, K.J. and D.G. Clark. 1998. Entrainment by Hydraulic Dredges - A Review of Potential Impacts. U.S. Army Engineer Waterways Experiment Station, Research And Development Center, Vicksburg, MS, DOER Tech Notes Collection (TN DOER -El ). Ross, S.W. and S.P. Epperly. 1985. Chapter 10: Utilization of shallow estuarine nursery areas by fishes in Pamlico Sound and adjacent tributaries, North Carolina. p. 207-232 in A. YanezAranciba (ed.). Fish Community Ecology in Estuaries and Coastal Lagoons: Towards and Ecosystem Integration. DR (R) UNAM Press, Mexico, 654 pp. Schroeder, P.R. 2009. USACE Technical Guidelines for Practicing the 3Rs of Environmental Dredging. In: Proceedings of the Western Dredging Association Twentyninth Technical Conference and 40th Annual Texas A&M Dredging Seminar, Tempe, AZ, June 2009. Sedberry, G.R. and R.F. Van Dolah. 1984. Demersal fish assemblages associated with hard bottom habitat in the South Atlantic Bight of the USA. Environ. Biol. Fish. 11(1). Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Shepherd, G.R. and D.B. Packer. 2006. Essential Fish Habitat Source Document: Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics 2nd edition. NOAA Technical Memorandum, NMFS-NE-198:100. South Atlantic Fishery Management Council (SAFMC). 2011. Regulations by Species, Cobia. Accessed March 2011. SAFMC. 2009. Fishery Ecosystem Plan of the South Atlantic Region. SAFMC, Charleston, SC. SAFMC. 1998. Final Habitat Plan for the South Atlantic Region: Essential Fish Habitat Requirements for Fishery Management Plans of the South Atlantic Fishery Management Council. SAFMC, Charleston, SC. SAFMC. 1983. Fishery Management Plan Final Environmental Impact Statement Regulatory Impact Review Final Regulations for Coastal Migratory Pelagic Resources (Mackerels) In The Gulf of Mexico And South Atlantic Region. South Atlantic Fishery Management Council Charleston, SC; Gulf of Mexico Fishery Management Council Tampa, FL. February 1983. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 23 SAFMC. 1981. Profile of the penaeid shrimp fishery in the South Atlantic. South Atlantic Fishery Management Council, 1 Southpark Cir., Ste 306, Charleston, S.C. 29407, 321 pp. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Thayer, G.W., W.J. Kenworthy, and M.S. Fonseca. 1984. The Ecology of Eelgrass Meadows of the Atlantic coast: A Community Profile. U.S. Fish and Wildlife Service, FWS/OBS-84/02, 147 pp. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Weinstein, M.P. 1979. Shallow marsh habitats as primary nurseries for fishes and shellfish, Cape Fear River, NC. Fisheries Bulletin 2: 339-357. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Essential Fish Habitat Assessment Dial Cordy and Associates Inc. Newport River Barge Fleeting Area Expansion July 2022 24 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar@NCDENR.gov SUBJECT: CAMA Application Review Applicant: NC State Ports Authority Project Location: 107 Arendell St, Carteret County Proposed Project: Major Modification to Major #120-13 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 20, 2022. If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE £ D_E NORTH CAROLINA Department of Environmental Oual North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name North Carolina State Ports Authority Project Name (if applicable) Port of Morehead City Northern Barge Fleeting area Applicant 1: First Name Brian MI E Last Name Clark Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 9002 PO Box City Wilmington State NC ZIP 28402 Country New Hanover Phone No. 910 - 251 - 5678 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Dial Cordy And Associates Inc. Agent/ Contractor 1: First Name Steve MI Last Name Dial Agent/ Contractor 2: First Name James MI Last Name Hargrove Mailing Address 201 North Front St. Suite 307 PO Box City Wilmington State NC ZIP 28401 Phone No. 1 910 - 251 - 9790 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email sdial@dialcordy.com; jargrove@dialcordy.com <Form continues on back> 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Carteret Street Address 113 Arendell Street State Rd. # Subdivision Name City Morehead City State NC Zip 28557 - Phone No. 252 - 726 - 3158 ext. Lot No.(s) (if many, attach additional page with list) , , , , a. In which NC river basin is the project located? Newport b. Name of body of water nearest to proposed project Newport River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Bogue Sound, Atlantic Ocean @ Natural EManmade EUnknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Morehead City Limits Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) NA b. Size of entire tract (sq.ft.) 130,680 c. Size of individual lot(s) (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) -4 to -14 ft ❑NHW or 0 NWL e. Vegetation on tract The proposed dredge footprint contains no SAV according to NCDMF's SAV maps. There is a small fringing marsh that is located adjacent to the Action Area on Marsh Island disposal area; however, it is outside the dredge footprint by —+200 ft. f. Man-made features and uses now on tract The Northern Barge Fleeting area contains a series of six steel pile mooring piles that are currently utilized to secure barges within the fleeting area. The proposed project is directly adjcent to the western edge of the exisiting fleeting area with no current or proposed structures. g. Identify and describe the existing land uses ad acent to the proposed project site. USACE and the NCSPA. The single property owner in relative In an abundance of caution, a notification letter will be is not close to the Project Area. The closest adjacent land is sites proposed for disposal of the dredged material. The adjacent lands to the south function as wharfs for the proximity to the project area is the U.S. Army Corps of Engineers. sent to the Morehead City Yacht Club; however, this property Marsh Island which contains one of the dredge material management h. How does local government zone the tract? Industrial i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes 0 No k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. EYes 0 No ❑ NA I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a ❑Yes 0 No ❑NA <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes 0 No (ii) Are there coastal wetlands on the site? ❑Yes 0 No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 0 No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. All proposed activity is located within the Newport River Estuary/Bogue Sound. o. Describe existing drinking water supply source. The town of Morehead City gets its drinking water from 5 wells around the county. p. Describe existing storm water management or treatment systems. The proposed project would not result in new impervious areas requiring stormwater management and/or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? 0 Commercial 0 Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The North Carolina State Port Authority (NCSPA) at the Port of Morehead City (POMC) is proposing to expand the existing northern barge fleeting area to accommodate an additional 4-6 barges for the growing import iron business. The expansion of the fleeting area is necessary due to the doubling of the business over the last few years. The barges typically consist of 300,000 to 500,000 tons of Direct Reduced Iron (DRI) or crude iron (pig iron) that is transported from the POMC to the Nucor Steel Terminal. The barge traffic moves the equivalent of 25,000 truckloads of material each year and is a vital transportation route for NC commerce. The increase in frequency of barge traffic puts an excessive demand on the fleeting areas thus warranting expansion. The existing mooring dolphins are structurally able to support doubling the space by docking barges on the west side of the northern fleeting area and no new moorings structures are being proposed. The daily operations would include staging barges within the fleeting area. Tug boats would be used to position the barges before being moored to the steel piles. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. New dredging of approximately 35,000 cy of material would be removed via one hydraulic pipeline (cutterhead) dredges or one mechanical bucket dredge and scow systems within the dredge window of October 1st to January 31st and placed on Marsh, Brandt, or the North Radio Island dredge material management areas d. List all development activities you propose. There are no development activities proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New work for expansion of an existing barge fleeting area. f. What is the approximate total disturbed land area resulting from the proposed project? 3 ❑Sq.Ft or @Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes 0 No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. It is expected a cutterhead dredge will be used and subsequent water and sediment slurry will be pumped into a dredge material disposal site. It is also expected that Marsh Island disposal site will be used for the proposed action. The water associated with the dredge slurry will be decanted through a weir system and discharged back into the waters adjacent to the project area. All previous permit requirements will be adheared to. 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i. Will wastewater or stormwater be discharged into a wetland? ❑ Yes No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? EYes ❑No ®NA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑ Yes ®No ❑NA <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Army Reserve Phone No. (910) 251-4000 US Army Corps of Engineers Address 69 Darlington Ave Wilmington, NC 28403 Name Morehead City Yacht Basin LLC Phone No. (252) 726-6862 Address 2645 Temples Point Road Havelock, NC 28532 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDEQ Major CAMA 120-13 SAW 2013-01747 SAW 2017-01680 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 7/5/2022 Print Name Brian E Clark Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information EDCM MP-5 Bridges and Culverts ❑ DCM MP-3 Upland Development ❑ DCM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length 560 Width 415 Avg. Existing Depth -4 to -14 MLLW NA NA Final Project Depth -14 MLLW NA NA 1. EXCAVATION ❑ This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. It is expected that the proposed project will remove approximately 35,000 cubic yards of course material from the 3 acre footprint. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL None (ii) Describe the purpose of the excavation in these areas: The purpose of excavating this area is to expand the existing northern barge fleeting area to accomadate mooring additional barges. b. Type of material to be excavated. Unconsolidated fine grained sediment d. High -ground excavation in cubic yards. NA 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Marsh Island, Brant Island, or Northern Radio Island disposal areas are contenders for the material depending on the available space at Marsh Island. Marsh Island is the closest in proximity and therefore the expected disposal site. c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB b. Dimensions of disposal area. No current demension data is available for the potential disposal sites. d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes No ❑NA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) ❑WL ®None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: b. d. Length: Width: Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) O This section not applicable a. (i) Will fill material be brought to the site? ❑Yes ❑No If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill ❑ NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The areas proposed for receiving the dredged material are existing disposal sites that have earthen berms to retain sediment. c. (i) Will navigational aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? It is anticipated that a hydraulic pipeline (cutterhead) dredge will be used for this project; however, a mechanical dredge could be used and periodic maintenance would be accomplished by the Port -owned water injection dredge. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Date Project Name Port of Morehead City Northern Barge Fleeting Area Expanson Applicant Name Brian E Clark Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NC State Ports Authority LOCATION OF PROJECT SITE: The project is located adjacent to an island north of 107 Arendell Street in the Newport River in Morehead City, Carteret County. Latitude: 34°43'31.60"N Longitude: 76°41'41.96"W INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 8/11/22 Was Applicant or Agent Present —No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 7/26/22 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP —Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Government (E) Wastewater Treatment: Existing — none Planned - none (F) Type of Development: Existing — mooring dolphins Planned - dredging (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED (A) Open Water 232,400 ft2 FILLED INCORP/SHADED II (E) Total Area Disturbed: 232,400 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: No (H) Cultural Resources: None Project Summary: The applicant wishes to excavate in order to expand a mooring facility within the Newport River for government use in Morehead City, Carteret County. Field Investigation Report: NC Port Authority Page 2 Narrative Description: The proposal is located 550 feet to the east of Marsh Island, immediately west of the ICW, and 700 feet north of 107 Arendell Street in Morehead City, Carteret County. This location is currently developed with six dolphin pilings to support a barge berth (ref Major Permit #120-13). This mooring facility is for government/commercial use. The adjacent island has been utilized for the disposal of dredge spoil material. Water depths in the project area range from —4' to —14' nlw. This -14' nlw depth is connecting to the ICW channel area. The subaqueous substrate is firm with shell. This proposal is located immediately adjacent to the ICW Federal Channel. There is not a cultural resource in the project area. This waterbody is approximately 0.5 mile across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation (SAV) is not present at this location. This section of the Newport River is closed to shellfish harvest and is classified as SA; HQW. Proposed Development: The applicant is proposing to excavate 1 acre in order to expand a barge mooring facility within the Newport River, in Morehead City. The proposed development would take place adjacent to 107 Arendell Street, Carteret County. This proposal is for government/commercial use. The applicant is proposing to expand the east side of the mooring facility by excavating 35,000 cubic yards. The proposed spoil area is yet to be determined. The proposed excavation is to be accomplished via hydraulic dredging methodology. The proposed excavation would encompass an 1- acre area, and would remove approximately 10' of benthic habitat in order to connect to the adjacent - 14' nlw depth of the Federal Channel. Anticipated Impacts: This proposed excavation should not pose a hazard to traditional navigation. However, the eastward expansion of mooring barges may impact navigation within the ICW Federal Channel. The proposed excavation would impact 232,400 square feet of Public Trust Area. Traditional hydraulic dredging methodology would be utilized during the construction of this project. The spoil area impacts are unknown at this time as the spoil site has not yet been determined. Turbidity impacts are anticipated during the excavation activities within the Newport River. However, the applicant is proposing to mitigate these impacts by conducting the work during the less biologically productive periods of the winter months. This waterbody is not classified as a Primary Nursery Area and the is no SAV present in the project area. Brad Connell August 23, 2022 Morehead City NORTH CAROLINA STATE PORTS AUTHORITY PORT OF MOREHEAD CITY NORTHERN BARGE FLEETING AREA EXPANSION JUNE 2022 PROJECT NARRATIVE Proposed Action The Proposed Action by the North Carolina State Ports Authority (NCSPA) at the Port of Morehead City is to modify the existing Coastal Area Management Act (CAMA) Major Permit 120- 13 to expand the current dredge footprint of the northern barge fleeting area. The north barge fleeting area is located in the Newport River at the Port of Morehead City (Port) in Carteret County, North Carolina (NC). The north fleeting area is a temporary mooring facility for loaded barges that are awaiting waterborne transport to inland destinations. Barge fleeting activity at the Port is primarily associated with the transport of imported iron (direct reduced iron and pig iron) to the Hertford Steel plant on the Chowan River in Cofield, NC. Iron imports at the Port have doubled over the last several years; resulting in increased demand for barge fleeting capacity. The proposed action would expand the north barge fleeting area from 2 to 4 acres, thereby accommodating an additional 4 to 6 loaded barges. Description of the Proposed Action The north barge fleeting area is located in the Newport River -600 feet north of the northeast corner of the Port terminal facility (Figure 1). The existing fleeting area encompasses 2.0 acres along the western margin of the Atlantic Intracoastal Waterway (AIWW). The authorized depth of the existing facility matches that of the AIWW at -14 ft MLLW (12 + 2 ft of over dredge). A series of six steel pile mooring piles are currently installed within the fleeting area. The proposed action would expand the existing facility westward by dredging an additional 2.0 acres of subtidal bottom to a depth of -14 ft MLLW (12 + 2 ft of over dredge) (Figure 2). An additional 1.0 acre of new dredging would be required to construct a transitional 3:1 slope along the western margin of the 2.0-acre expansion area. In total, the proposed action would require 3.0 acres of new dredging and the removal of an estimated 35,000 cy of material. No new mooring structures are proposed, as the existing mooring piles are sufficient to accommodate additional barges in the expansion area. The depth of the expansion area would be maintained through periodic maintenance dredging expected to occur once every 2-5 years. Existing depths in the proposed new dredging area range from -4 to -14 ft MLLW (Figure 3). The sediments to be removed from the new Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 1 dredging area are part of a uniform fine sand to silty fine sand layer that extends from the surface to a depth of -45-ft MLLW (Catlin Engineers 2013). Construction of the barge fleeting expansion area would employ hydraulic pipeline (cutterhead) dredges and/or mechanical bucket dredge and scow systems. Dredged material would be placed in one of the existing Port -owned confined disposal facilities, which include the Marsh Island, Brandt Island, and North Radio Island disposal areas. Disposal operations for cutterhead dredging would involve direct hydraulic delivery to the disposal area via floating and/or submerged pipeline. In the case of mechanical dredging, disposal would involve the transport of dredged material via scow to the disposal area for placement via mechanical means or hydraulic offloading. Periodic maintenance of the barge fleeting expansion area would be accomplished by the Port -owned water injection dredge. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment -water mixture known as a density current that flows along the bottom via gravity to deeper areas. A pipe manifold with a series of water injection nozzles is used to inject water into the sediment bed. The use of water injection dredging for maintenance of the Port's existing berths, fleeting areas, and turning basins is currently authorized under the Port's existing CAMA Major Permit. Description of the Action Area The north barge fleeting area is located -3 miles from the Atlantic Ocean in the lower Newport River Estuary between Morehead City and Beaufort in Carteret County, NC. The lower Newport River Estuary is a shallow, tidally -controlled system with an average depth of -3 feet MLLW. Mean tidal range in the lower estuary is 3.1 feet, and salinities approach those of seawater (34 ppt) (Kirby -Smith and Costlow 1989). The proposed new dredging area is located between the AIWW federal navigation channel and the Marsh Island disposal area. The AIWW navigation channel is maintained at a width of 250 feet and depth of 12 + 2 ft MLLW. The Marsh Island disposal area consists of diked uplands that are partially surrounded by unconfined tidal saltmarsh. Benthic habitats within the proposed new dredging area consist of sandy unconsolidated bottom. The surrounding Newport River Estuary contains a complex assemblage of intertidal and shallow subtidal estuarine habitats; including sandy shoals, shellfish beds, submerged aquatic vegetation (SAV) beds, and tidal saltmarsh. Potential Environmental Effects of the Proposed Action A summary of effects on fish and fish habitat within the action area is provided below. An EFH Assessment and a Biological Assessment that have been prepared for the Corps of Engineers are available upon request. Water Column The proposed dredging and maintenance associated with expanding the northern barge fleeting area may have minor effects on the estuarine water column through localized sediment suspension and associated increases in turbidity. The sediments to be excavated from the new Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 2 dredging area consist predominantly of relatively coarse sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead or bucket dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Water injection dredging (WID) injects water at low pressure into sediments; producing a high density sediment - water mixture known as a density current that flows along the bottom via gravity to deeper areas. Monitoring results for multiple projects in the US indicate that WID-induced sediment suspension is principally confined to the lower water column within 2 to 5 feet of the bottom (Welp et al. 2017). It is expected that suspended fine sediments would be rapidly dispersed by currents in the contiguous AIWW navigation channel, thus limiting the duration of any adverse effects on water quality and federally managed species. The proposed project construction window of 1 October - 31 January would avoid peak periods of larval ingress and estuarine -dependent juvenile abundance in the vicinity of the action area, thus minimizing the exposure of estuarine and marine fish and invertebrate species to sediment suspension effects. In the specific case of WID, the potential for upstream sediment transport into the New River Estuary would be minimized by conducting WID only on falling tides. Based on these considerations, it is expected that any adverse effects on water quality and estuarine and marine fish and invertebrate species would be minor and short-term. Larval Entrainment In the case of cutterhead pipeline dredging, the proposed action would affect estuarine -dependent fish and invertebrate species by entraining planktonic eggs and larvae that occur in the vicinity of the dredge pipe suction field. However, the results of larval entrainment modeling in Beaufort Inlet indicate that dredge entrainment rates are extremely low regardless of inlet larval concentrations and the distribution of larvae within the water column (Settle 2003). Even under worst case model scenarios when the dredge was assumed to be operating 24 hours/day and all larvae were assumed to be concentrated in the bottom of the navigation channel, projected entrainment rates barely exceeded 0.1 % of the daily (24-hour) larval flux through the inlet. The proposed new dredging area is located above Beaufort Inlet in the relatively broad Newport River Estuary where it is expected that the distribution of planktonic eggs and larvae would be relatively diffuse. Furthermore, the proposed project construction window of 1 October - 31 January would avoid the peak larval ingress period at Beaufort Inlet. Based on all of the above considerations, it is anticipated that the effects of egg/larval entrainment on populations of estuarine -dependent fish and invertebrate species would be negligible. Unconsolidated Bottom New dredging would directly impact 3.0 acres of unconsolidated bottom habitat in the barge fleeting expansion area. Existing bottom depths ranging from -4 to -13 ft MLLW would be increased to -14 ft MLLW. Initial construction and subsequent maintenance dredging events would remove the existing benthic infaunal invertebrate community, thereby temporarily reducing the availability of prey for federally managed demersal fishes such as summer flounder and estuarine -dependent species of the snapper -grouper complex. However, studies of benthic community recovery in shallow estuarine navigation channels along the southeastern coast have reported rapid recovery within two to six months (Van Dolah et al. 1984 and 1979, Stickney and Perlmutter 1975, and Stickney 1972). These studies indicate that recolonization via slumping of Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 3 adjacent undisturbed sediments into the dredged channel is an important recovery mechanism. Van Dolah et al. (1984) also attributed relatively rapid recovery to rapid infilling by sediments that were similar in composition to the extracted material and avoidance of spring benthic invertebrate recruitment periods. Existing surficial sediments in the new dredging footprint are part of a uniform fine sand layer that extends to a depth of -45 ft MLLW, thus the proposed action would not be expected to alter sediment composition. Maximum bottom depth increases of -10 feet would not be expected to alter benthic community composition within the new dredging area. The proposed project construction window (01 October - 31 January) would avoid peak benthic invertebrate recruitment periods; thus, facilitating relatively rapid recovery with the onset of spring recruitment. Based on all of the above considerations, it is anticipated that effects on estuarine unconsolidated bottom habitats and associated estuarine and marine fish and invertebrate species would be minor and short-term. Oyster Reefs and Shell Banks NCDMF benthic habitat maps do not identify any shell bottom areas within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on shell bottom habitats would be expected. The only mapped shell bottom area in the vicinity of the project area is a narrow linear shell bottom feature along the shoreline of Marsh Island -300-ft west of the new dredging footprint. Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting shell bottom areas through redeposition. Heavy sediment redeposition can impact oysters by inhibiting larval attachment to hard substrates and reducing the respiration and feeding rates of juveniles and adults (Wilber and Clarke 2010). However, according to Colden and Lipcius (2015), eastern oysters that were subjected to experimental sediment deposition did not exhibit significant mortality or sublethal effects until at least 70% of the shell height was buried. As previously described, the sediments to be excavated from the new dredging area consist predominantly of relatively coarse fine sands that would resettle rapidly to the bottom. Thus, it is expected that sediment suspension by either a cutterhead, bucket, or water injection dredge would primarily be confined to the immediate vicinity of the new dredging footprint. Therefore, it is expected that the effects of dredging -induced sediment suspension and redeposition on oyster reefs and associated estuarine and marine fish and invertebrate species would be minor and short-term. Submerged Aquatic Vegetation (SAV) NCDMF SAV maps do not identify any SAV within or immediately adjacent to the proposed new dredging area. Thus, no direct impacts on SAV would be expected. Small patches of SAV are identified along the western shoreline of Marsh Island opposite the proposed dredging area (Figure 4). Fine sediments that are suspended by the dredging process may be transported outside of the active dredging area, potentially affecting SAV through increases in turbidity and/or sediment redeposition. However, as previously described, it is anticipated that the predominance of relatively coarse sand in the new dredging area would limit sediment suspension to the immediate vicinity of the active work area. Therefore, it is expected that any adverse effects on SAV and associated estuarine and marine fish and invertebrate species from dredging -induced sediment suspension and redeposition would be minor and short-term. Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 4 State -Designated Fish Nursery Areas There are no Primary Nursery Areas (PNAs) or Secondary Nursery Areas (SNAs) in the immediate vicinity of the proposed new dredging area. Designated PNAs that are nearest to the proposed new dredging area are located -1.3 miles to the northwest in small tributaries of the Newport River (Calico Creek and Crab Point Bay) (Figure 5). The nearest additional PNAs and SNAs are located in the Newport River -4 miles upstream of the proposed new dredging area. No effects on PNAs or SNAs are anticipated. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 5 6.1104 BOGUE SOUND nonC na p Q>wx 6 aw 9 � . a_ +3 K -• -.� 1 21 $tl 91 22 96 Project Location i yA CS ��..� ffi 21a �sn ,P .; er to s 2. ep 00 W x au a'�n °' ;+evert .:o 51 A.._...'.,.1 . 5 90 45 41 50 51 66 NM `9ae.90/64.4 f NMASR_ •'Y`�1 f,700 as a S FA 5C 50 5, -sr as 9: jsa 94 31 90 a0 11 57 ▪ 93 .a pa as s+ 50 • cs I'r a R 82.53 /. + RFYm u ae 41 RQ "?V 41 47 81 $$1i 56 ▪ 5!f 5a0S RESTRICTED AFEA °a •8 (50 CFR 22i.54:5; sea note 8) 50 +3 54 58 Q : f 51 '++ 5, 51 47 w 40 41 .6 OCO J A.2- .6.. IS! .-..r:, 0 f -S ;t P.YW 800261/327.4991 ee 'SS' " 05 as Tr. THE 41 .3 cam. Q'aR Paw Saar Figure 1. Project Location and Proposed Action Area Port of Morehead City Northern Barge Fleeting Expansion Dial Cordy and Associates Inc. June 2022 6 Marsh Island Disposal Area Existing -14-ft Fleeting Area Proposed -14-ft Expansion Area Proposed 3:1 slope Figure 1. North Barge Fleeting Area Expansion Layout Port of Morehead City Northern Barge Fleeting Expansion Dial Cordy and Associates Inc. June 2022 7 O O CO CO 0 M m M O a m N M O 4.0 0 CO N CO 0 m M 0 N CO CO N N so C1 2692400 2692600 ViMyr 1 �1� ,4 �D . ILithiir !1 ' 18 ir‘7" 1 a ? 00 11 totit, I, Id owitaisomi oi161og witioxfs-**%% et1\Tl , 1 oisw r.11 111 e, a so M 0 N O C] N N so C1 A -A' Bathymetric Profile Graph 4 5 6 Existing Bathymetry Profile 7 8 9 Proposed Bathymetry Profile 1 3:1 l Proposed Fleeting Area Existing Fleeting Area 2 a Area 3 1 J 1 1 1 1 1 1 1 4 6 - 10 0 12 -14 16 1 O 50 100 150 200 Distance (feet) B - B' Bathyn' tric Profile Graph 250 300 Existing Bathymetry Profile Proposed Bathymetry Profile Slope Area Proposed Fleeting Area '—.i, Existing Fleeting Area O 100 150 200 Distance (feet) C - C' Bathyrretric Profile Graph 0 Existing Bathymetry Profile Proposed Bathymetry Profile 31 Slope Area Proposed Fleeting Area Existing Fleeting Area 1 1 1 1 1 O 50 100 150 200 Distance (feet) 250 300 Legend Profile Location Barge Fleeting Area Existing Fleeting Area Proposed Fleeting Area Proposed 3:1 Slope l /1 ILN1 1ft Contour (MLLIN Elevation (MLLW) Value - High : -2 Low :-30 0 150 300 450 e 600 Feet Figure 3. Northern Barge Fleeting Expansion Area — Existing and Proposed Bathymetry Port of Morehead City Northern Barge Fleeting Expansion Dial Cordy and Associates Inc. June 2022 8 Aillir\-'2\----\ti 1 Ray StA � Fisher St ad City 7D West rid of rloaf and iiirif Morehead City Harbor aft \ > O ft g} old Cau Hw9 70 Radio Is AP r n 0 oft 6/14/2022 • NC SAV Mosaic 1981 to 2015 "" ""' 1:23,222 0 0,15 0.3 0,5re ILI , 0 0,25 0,5 1 km Sources: Esri, Airbus DS. USGS. NGA, NASA, CGIAR, N Robinson, NCEAS. NLS, CS, NMA, Geotlatestyrelsen, RiJkswaterstaat, GSA, Geolend_ FEMA. Entermap and the GIS user community, Sources: Esrl, HERE. Garmin. FAO. NOAA, USGS, C: Ope,,StreetMap contributors, and the GIS User Community 0 Barge Fleeting Expansion Area Figure 4. NCDMF SAV Map Port of Morehead City Northern Barge Fleeting Expansion Dial Cordy and Associates Inc. June 2022 9 nt Village F n �G' t z Ra' ad City Crab Point Club N k o nde 5 Morehead City � r m Money Island Atlantic Beach Buy ( Morehead City Harbor n t y a s a, 'a V 22 sad �1 Michael J Smith Field El Steep Pine Fork FiRi Beaufort Cr C �onfJ ,, Want s, 0 Buck Sound 6/14/2022 FNA NCDMF - Fishery Nursery Areas Primary Nursery Areas Secondary Nursery Areas Barge Fleeting Expansion Area 1:60,112 0 0.42 0.85 1 .7 mi I I , 0 0.5 I 2 km Solaces', Esrl, Airbus OS, LOGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, HERE. Garmin, FAO, NOAA, U5G5, V open51ree1Map contributors, and the 515 User community Figure 2. State -Designated Fish Nursery Areas Port of Morehead City Northern Barge Fleeting Expansion Dial Cordy and Associates Inc. June 2022 10 References Colden AM, Lipcius RN (2015) Lethal and sublethal effects of sediment burial on the eastern oyster Crassostrea virginica. Mar Ecol Prog Ser 527:105- 117. https://doi.org/10.3354/meps11244 Kirby -Smith, W.W. and J.D. Costlow. 1989. The Newport River Estuarine System. Duke University Marine Laboratory, Beaufort, NC. Settle, L. 2003. Assessment of potential larval entrainment mortality to hydraulic dredging of Beaufort Inlet. Prepared for USACE-Wilmington District for the Morehead City Harbor Environmental Assessment. May 2003. NOAA/NOS National Centers for Coastal Ocean Science. Stickney, R. 1972. Effects of Intracoastal Waterway Dredging on Ichthyofauna and Benthic Macro- Invertebrates. Technical Report Series. No 72-4. Skidaway Institute of Oceanography, Savannah, GA. July 1972 60 pp. Stickney, R. and D. Perlmutter. 1975. Impact of Intracoastal Waterway maintenance dredging on a mud bottom benthos community. Biol Consery 01/1975; 7(3):211-225. Van Dolah, R.F., D.R. Calder, and D.M. Knott. 1984. Effects of dredging and open -water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7, 28-37. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal of dredged material on benthic macroinvertebrate communities in Sewee Bay, SC. Marine Resources Center Technical Report 39. Charleston, SC. Welp, T.L., M.W. Tubman, D.A. Wilson, and C.E. Pollock. 2017. Water Injection Dredging. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Wilber, D.H., W. Brostoff, D.G. Clarke, and G.L. Ray. 2005. Sedimentation: Potential biological effects from dredging operations in estuarine and marine environments. DOER Technical Notes Collection (ERDC TN-DOER-E20). Vicksburg, MS: U.S. Army Engineer Research and Development Center. Port of Morehead City Dial Cordy and Associates Inc. Northern Barge Fleeting Expansion June 2022 11