Ver 1 - USFWS Comments - 1/23/2015

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
January 9, 2015
Mr, Tyler Crumbley, Project Manager
Wilmington Regulatory Division
U. S. Army Corps of Engineers
69 Darlington Ave. "
Wilmington, NC 28403-1343
Subject: Town of Oak Island: Eastern Channel Project `.;�� .. ^ _, .1-,.�, iy
Action ID. No. SAW -2014-02180
Dear Mr. Crumbley:
This responds to your email of -December 23, 2014, concerning the Town of Oak Island's
application for dredging of Eastern Channel and nourishment of Oak Island Beach. The U.S.
Fish and Wildlife Service (Service) has reviewed the North Carolina Division of Coastal
Management's (NCDCM) Field Investigation Report, the Biological Assessment (BA), and other
information concerning the project. This letter is provided in accordance with section 7(a)(2) of
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 etseq.), and the Fish
and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Project Description
The project is in and around the vicinity of Lockwoods Folly Inlet, extending from the Atlantic
Ocean to the Atlantic Intracoastal Waterway (AIW W), including Eastern Channel and the
beachfront on Oak Island, in Brunswick County, North Carolina. The purpose of the proposed
project is to improve navigation and flushing in Eastern Channel, protect properties located along
the western end of Oak Island from erosion, and nourish portions of Oak Island.
The Town of Oak Island proposes to dredge Eastern Channel and dispose of the beach -
compatible portion of the dredged material on the western oceanfront shoreline of Oak Island.
The non -compatible material will be placed within an existing confined disposal area on Sheep
Island. The project consists of dredging a new 100 -foot wide chamlel within Eastern Channel
(between Oak Island and Sheep Island) to a depth of -3 to -11 feet and placing approximately
201,800 cubic yards (cy) of beach -compatible material on the western beaches of Oak Island.
Approximately 3.49 acres of intertidal shoals above MLLW will be dredged. Dredging of

Eastern Channel will be performed by a cutterhead dredge pipeline dredge and conveyed to the
beach placement areas via a 24 -inch reinforced concrete pipeline, existing within the Town of
Oak Island's easement.
The beach fill will be placed along two separate reaches. Reach I is proposed to be 2,900 If,
while Reach 2 is proposed to be 1,500 If, for a total of 4,4001f of fill. The beach fill will impact
a total of 22.4 acres of intertidal and dry beach area. The beach fill will include a flat berm at an
elevation of 7.0 NAVD, extending seaward to a depth of approximately -7 to -8 ft NAVD, on a
1:20 slope. A 20 -foot wide dune with a crest elevation of 10.0 ft NAVD will be restored in front
of four properties that installed sandbags during 2014 (6623, 6621, 6617, and 6615 West Beach
Drive, Oak Island, NC). There will be a 2501f taper section at the beginning and end of each
reach. Beach fill will be conducted from west to east, and will involve movement of heavy
equipment and pipe along the beaches. Once a section is completed, pipe and heavy equipment
will be shifted to a new section and the process repeated. Land-based equipment will be brought
to the site over public roads, and will enter the beach at existing beach access points along the
western end of Oak Island. Existing dunes and vegetation on the beach will be avoided.
Federally -listed species
The following Federally- listed species are found within the project area: West Indian manatee
(Trichechus nwnatus), piping plover (Charadrius melodus), red knot (Calidris canutus rafa),
wood stork (Myeteria americana), seabeach amaranth (Amaranthus pumilus), and the Kemp's
ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys
coriacea), loggerhead (Caretta caretta), and green, (CheIon ia mydas) sea turtles. Whales,
shortnose sturgeon (Acipenser brevisrostrum), Atlantic sturgeon (Acipenser oxyrinchus), and sea
turtles in the water are under the jurisdiction of NOAA Fisheries' Protected Species Division.
Of the five sea turtle species, the leatherback, loggerhead, Kemp's ridley, and green sea turtle
may nest in the project area. On July 10, 2014, the Service designated Critical Habitat for the
Northwest Atlantic Ocean distinct population segment of the loggerhead sea turtle. Critical
Habitat Unit LOGG-T-NC-07 includes the project area. The description of LOGG-T-NC-07 is
as follows: "This unit consists of 20.9 km (13.0 mi) of island shoreline along the Atlantic Ocean
and extends from the mouth of the Cape Fear River to Lockwoods Folly Inlet." Please see 79 FR
39756 for more information.
On December 11, 2014, the Service listed the rufa red knot (or red knot) as threatened
throughout its range. The rule becomes effective on January 12, 2015. Please refer to 79 FR
73706 for more information on the listing of the red knot.
The Corps has determined that, provided the recommended measures in the draft BA are
implemented, the proposed project may affect but is not likely to adversely affect the West

Indian manatee, red knot, wood stork, seabeach amaranth, and sea turtles. The Corps has
determined that the project may affect, and is likely to adversely affect the piping plover.
Potential affects to the piping plover are being addressed through formal consultation.
Therefore, this letter primarily addresses general concerns and concerns for potential impacts to
West Indian manatee, red knot, wood stork, seabeach amaranth, and sea turtles.
Service Concerns
The Service is pleased that the applicant does not propose to conduct sand placement activities
within the sea turtle nesting season, and that the sand is expected to meet the requirements of the
North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312). In Section 4.0
(pages 32 and 33) of the NCDCM permit application, the applicant proposes a list of
conservation measures, including commitments to work windows, dredge and equipment
lighting, access of equipment, protection of existing dunes, spill response, staging areas off the
beach, visual monitoring, and others. We recommend that these conservation measures be
incorporated into the Corps' authorization, unless more stringent requirements are recommended
below or in the biological opinion for the project.
The Service remains concerned that this project may not significantly address the erosion
problem on the west end of Oak Island. Natural coastal and inlet dynamics may quickly remove
the sand from the beachfront. In addition, we remain concerned that deepening Eastern Channel
may cause unanticipated problems with overall inlet hydrodynamics. Deepening the channel
will result in a higher proportion of flows from Lockwoods Folly River through Eastern Channel
(compared to historical flows) and a proportionally lower flow through the AIWW and inlet
proper. It is unclear to the Service whether the potential impacts of these flow changes have
been adequately investigated. Although the applicant indicates that the channel dredging will not
affect the inlet or Holden Beach, the overall consequences remain to be seen. We note that the
Town of Holden Beach is investigating a proposal to place a terminal groin on the east end of the
island, adjacent to Lockwoods Folly Inlet. The Service recommends that if the applicant has not
already done so, steps be taken to coordinate plans with the Town of Holden Beach regarding the
inlet and management of channels and sand in the area.
Service Recommendations
If the Corps incorporates as conditions of authorization the conservation measures listed in
Section 4.0 of the permit application and the recommended conditions listed below, the Service
would concur with the determination that the proposed action is not likely to adversely affect the
West Indian manatee, red knot, wood stork, seabeach amaranth, and the loggerhead, leatherback,
green, hawksbill, and Kemp's ridley sea turtles. The Service would also concur that the project
is not likely to adversely modify loggerhead critical habitat as defined by the ESA.

I
1. All material used for the beach nourishment must be beach compatible, clean, free of debris
and clay, and free of any pollutants except in trace quantities. In general, fill material that meets
the requirements of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H
.0312) is considered compatible. The permittee shall ensure that an inspector is present during
all beach disposal activities and immediately reports to the USACE should any potentially
incompatible material be placed on the beach. During dredging operations, material placed on
the beach shall be inspected daily to ensure compatibility. If during the sampling process non -
beach compatible material, including large amounts of shell, is or has been placed on the beach
all work shall stop immediately and the NCDCM and the USACE will be notified by the
permittee and/or its contractors to determine the appropriate plan of action.
2. After initial construction, and for the life of the permit, all maintenance dredging and sand
placement activities must be conducted within the winter work window (November 16 to March
31), unless necessitated by an emergency condition and allowed after consultation with the
Service.
3. Visual surveys of escarpments along the project area must be made immediately after
completion of any sand placement events, and within 30 days prior to May 1 for three
subsequent years after a placement event. Prior to May 1, any escarpment over 100 feet long and
18 inches high in the newly placed beach fill shall be graded to match adjacent grades on the
beach. Between May 1 st and November 15th, any escarpments that interfere with sea turtle
nesting or that exceed 100 feet long and 18 inches high in the newly placed beach fill shall be
graded to match adjacent grades on the beach. Removal of any escarpments during the sea turtle
hatching season (May 1 through November 15) shall be coordinated with NCDCM, USACE,
USFWS and NCWRC. The NCDCM, USACE, USFWS and NCWRC must be contacted
immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or
that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching
season to determine the appropriate action to be taken. Escarpment monitoring in post
construction years may be coordinated with the volunteer sea turtle monitoring program of the
NCWRC. All escarpment management efforts will be included in the annual report to the
NCDCM and USACE.
4. Sand compaction must be monitored at least twice after each sand placement event. Sand
compaction must be monitored in the project area immediately after completion of any sand
placement event and one time after project completion between October 1 and May 1. Out -year
compaction monitoring and remediation are not required if the placed material no longer remains
on the dry beach. Within 7 days of completion of sand placement and prior to any tilling (if
needed), a field meeting shall be held with USFWS, NCWRC and the USACE to inspect the
project area for compaction and determine whether tilling is needed.

a. If tilling is needed, the area must be tilled to a depth of 36 inches. All tilling activities
shall be completed prior to May 1 of any year.
b. Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3
square feet of greater, with a 3 square feet buffer around all vegetation.
c. If tilling occurs during the shorebird nesting season (after April 1, shorebird surveys
are required prior to tilling per the Migratory Bird Treaty Act.
d. A summary of the compaction assessments and the actions taken shall be included in
the annual report to NCDCM, the USACE and the USFWS Raleigh Field Office.
e. These conditions will be evaluated and may be modified if necessary to address and
identify sand compaction problems.
5. Sea turtle nesting survey data collected within the project area must be conducted between
May 1 and November 15 of each year, for at least two consecutive nesting seasons after
completion of each sand placement activity (2 years post -construction monitoring after initial
construction and each maintenance event). Acquisition of readily available sea turtle nesting
data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable.
However, in the event that data from other sources cannot be acquired, the permittee will be
responsible to collect the data. Data collected by the permittee for each nest should include, at a
minimum, the location, species (if known), date of laying, date of hatching, and hatchling
success rate (if known). The report should include detailed information for any nests that are
relocated during the study period. Data must be collected daily for the entire nesting season and
will be included in the annual report.
6. Before start of work each morning, contracted personnel will provide a visual survey
conducted in the area of work for that day, to determine if piping plovers or red knots are
present. If plovers or red knots are present in the work area, careful movement of equipment in
the early morning hours should allow those individuals to move out of the area. If piping plovers
or red knots are observed, the observer shall make a note on the field monitoring form for that
day, and submit the information to the NCDCM, the USACE and the USFWS Raleigh Field
Office within three days.
7. Pipeline placement must be coordinated with NCDCM, the USACE, the USFWS Raleigh
Field Office and the NCWRC.
8. The permittee must comply with the Service's "Guidelines for Avoiding Impacts to the West
Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters."
9. An annual report shall be submitted to the USACE, NCDCM and the USFWS's Raleigh Field
Office, summarizing the monitoring and survey data collected during the preceding year
(escarpment surveys, compaction surveys, sea turtle nesting data, and any piping plover or red
knot observations). The annual report should be submitted by January 31 of each year for review

and comment. In addition, any other information or data related to a conservation measure that is
implemented should be included in the annual report. The contact for these reporting
requirements is:
Pete Benjamin, Supervisor
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
If the Corps includes the recommendations of this letter in the permit requirements, then the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project for West Indian
manatee, red knot, wood stork, seabeach amaranth, and the loggerhead, leatherback, green,
hawksbill, and Kemp's ridley sea turtles. However, the Corps' obligations under the ESA must
be reconsidered if: (1) new information identifies impacts of this action that may affect listed
species or critical habitat in a manner not previously considered; (2) this action is modified in a
manner that was not considered in this review; or, (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
Thank you for the opportunity to comment on this project. If you have any questions concerning
these comments, please contact Kathy Matthews at [phone], Ext. 27, or by e-mail at
<[e-mail]>.
Field Supervisor
cc:
Fritz Rohde, NOAA Fisheries
Todd Bo,,vers, USEPA
Maria Dunn, NCWRC, Washington, NC
Doug Huggett, NCDCM, Morehead City, NC
Debra Wilson, NCDCM, Wilmington, NC
Jessi Baker, NCDMF, Morehead City, NC
Karen Higgins, NCDWR, Raleigh, NC
Scott McAloon, USCG, Atlantic Beach, NC