20081764 Ver 8_USACE Correspondence_20230425 (2)

I Fact Sheet — Endangered Species Act Compliance
Sand Placement
Background: The Federal Emergency Management Agency (FEMA) requested consultation
under Section 7 of the Endangered Species Act (ESA) with the U.S. Fish and Wildlife Service
(USFWS), for FEMA's funding of sand placement related to a federal disaster. USFWS issued a
Programmatic Biological Opinion (FEMA PBO) for these activities on January 27, 2021. The
FEMA PBO includes Conservation Measures that FEMA intends to require of grant applicants,
as well as Terms and Conditions, which are requirements that USFWS placed on FEMA's
issuance of grants. Grant recipients must comply with FEMA's Conservation Measures and
the Terms and Conditions required by the PBO, outlined below.
PLEASE NOTE: Some sand placement activities funded by FEMA require authorization from
the U.S. Army Corps of Engineers (USACE). The USACE will also consult with USFWS under
Section 7 of the ESA, prior to project authorization. Any Conservation Measures and Terms and
Conditions resulting from the USACE consultation must also be followed. However, the
USFWS expects that the requirements listed below are very similar, or complementary, to any
requirements that arise from further Section 7 consultation with the USACE.
FEMA Conservation Measures
To the greatest degree possible, dune restoration work, specifically the placement of sand fill
material or topographic alteration, should be conducted outside the sea turtle nesting season
(May 1 through November 15). If dune restoration or the construction of an emergency beach
berm are to occur during the sea turtle nesting season, the following conditions apply.
a. If an upland source is utilized, all activity shall be confined to daylight hours and shall not
occur prior to 9:00 am following the completion of all necessary sea turtle surveys and
conservation activities.
b. The material shall be obtained from an approved NC Division of Coastal Management
(NCDCM) upland source with which all applicable permits have been acquired. Material
shall be similar in color and grain size distribution (sand grain frequency, mean and median
grain size, and sorting coefficient) to the material in the existing coastal system at the
disposal site.
c. To minimize adverse impact to piping plovers and sea turtles, the pipeline alignment will be
designed to avoid potential their respective habitats. The alignment will be coordinated with,
and approved by, the USACE. As -built positions of the pipeline will be recorded using GPS
technology and included in the final construction observation report.
d. Visual surveys of escarpments will be made along the beach fill area immediately after
completion of construction. Escarpments in the newly placed beach fill that exceed 18
inches for greater than 100 ft. 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 the NCWRC, USFWS and the USACE. The
likelihood of escarpment formation can be reduced by incorporating a beach design that
closely resembles the native beach in terms of berm elevation, sediment size, and sediment
sorting characteristics.
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

21 Fact Sheet — Endangered Species Act Compliance
Sand Placement
e. Educational signs should be placed where appropriate at beach access points explaining the
importance of the area to sea turtles and/or the life history of sea turtle species that nest in
the area.
f. During construction, trash and food items shall be disposed of properly either in predator
proof receptacles, or in receptacles that are emptied each night to minimize the potential for
attracting predators of piping plovers, red knots, and sea turtles.
g. Access points for the dump trucks and other vehicles should be as close to the project site as
possible. Vehicle travel down the beach should be limited to the maximum extent possible.
Conservation Measures for Sea Turtles
a. Nests deemed in danger of being impacted by construction activities will be relocated based
on strict adherence to decision criteria for relocation and using only highly trained personnel.
b. Any sea turtle nests deposited in an area not requiring relocation for conservation purposes
(as determined by the sea turtle permit holder) shall be left in place. The sea turtle permit
holder shall install an on -beach marker at any nest site and a secondary marker located at a
point as far landward as possible to ensure that future location of the nest will be possible
should the on -beach marker be lost. A series of stakes and survey ribbon or string shall be
installed to establish an area of 3 feet radius surrounding the nest. Nest sites shall be
inspected daily to ensure nest markers have not been removed.
c. Only beach compatible fill must be placed on the beach or in any associated dune system.
Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site
that has not been affected by prior sand placement activity. Beach compatible fill must be
sand solely of natural sediment and shell material, containing no construction debris, toxic
material, large amounts of rock, or other foreign matter. The beach compatible fill must be
similar in both color and grain size distribution (sand grain frequency, mean and median
grain size and sorting coefficient) to the native material in the Action Area. Beach
compatible fill is material that maintains the general character and functionality of the
material occurring on the beach and in the adjacent dune and coastal system.
d. From May 1 through November 15, 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 or rock exceeding the state sediment
criteria (15A NCAC 07H .0312), is or has been placed on the beach after May 1, 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.
e. If any nesting turtles are sighted on the beach during construction, construction activities
must cease immediately until the turtle has returned to the water, and the sea turtle permit
holder responsible for nest monitoring has marked for avoidance or relocated any nest(s) that
may have been laid. If a nesting sea turtle is observed at night, all work on the beach will
cease and all lights will be extinguished (except for those absolutely necessary for safety)
until after the female has finished laying eggs and returned to the water.
f. Daily nesting surveys (before 9 am) for sea turtle nests are required if any portion of the sand
placement occurs during the period from May 1 through November 15. If sand is placed on
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

31 Fact Sheet — Endangered Species Act Compliance
Sand Placement
the beach at night, a nighttime monitor must survey the beach area that is affected that night,
prior to the morning's normal nesting activity survey. No construction or sand placement
activity may commence until completion of the sea turtle nesting survey each morning. If
nests are constructed in the project area during the nesting season, the nests must be marked
and either avoided until completion of the project or relocated.
i. Nesting surveys must be initiated by May 1 and must continue through the end of the
project. If nests are constructed in areas where they may be affected by construction
activities, the eggs must be relocated to minimize sea turtle nest burial, crushing of eggs,
or nest excavation.
ii. Nesting surveys and nest marking will only be conducted by personnel with prior
experience and training in these activities, and who are duly authorized to conduct such
activities through a valid permit issued by the Service or the North Carolina Wildlife
Resources Commission (NCWRC).
iii. Only those nests that may be affected by construction or sand placement activities will be
relocated. Nest relocation must not occur upon completion of the project. For
demobilization, nests will be marked and avoided. Nests requiring relocation must be
moved no later than 9 a.m. the morning following deposition to a nearby self -release
beach site in a secure setting where artificial lighting will not interfere with hatchling
orientation. Relocated nests must not be placed in organized groupings. Relocated nests
must be randomly staggered along the length and width of the beach in settings that are
not expected to experience daily inundation by high tides or known to routinely
experience severe erosion and egg loss, predation, or subject to artificial lighting. Nest
relocations in association with construction activities must cease when construction
activities no longer threaten nests.
iv. Nests deposited within areas where construction activities have ceased must be marked
for avoidance and left in place unless other factors threaten the success of the nest. Nests
must be marked with four stakes at a 10-foot distance around the perimeter of the nest for
the buffer zone. The turtle permit holder must install an onbeach marker at the nest site
and a secondary marker at a point as far landward as possible to assure that future
location of the nest will be possible should the onbeach marker be lost. No activities that
could result in impacts to the nest will occur within the marked area. Nest sites must be
inspected daily to assure nest markers remain in place and the nest has not been disturbed
by the project activity.
g. Demobilization of equipment from the beach must be conducted only during daylight hours,
after the daily survey for sea turtle nests has been completed. Any nests that are identified
must be marked for avoidance and avoided during all demobilization activities.
h. If the vehicle access corridor is located between a marked turtle nest and the ocean, starting
no more than 50 days after the nest is laid, any tire ruts or other depressions that are present
in the corridor shall be leveled by the end of the work day. Leveling the ruts and depressions
will minimize impacts to emerging hatchlings.
i. A report describing the fate of sea turtle nests and hatchlings and any actions taken, must be
submitted to the Raleigh Field Office following completion of any projects.
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

41 Fact Sheet — Endangered Species Act Compliance
Sand Placement
Conservation Measures for Piping Plover and Nesting Shorebirds
a. All personnel involved in the construction process along the beach will be trained to
recognize the presence of piping plovers and red knots prior to the initiation of beach
construction. Personnel will be provided photos of each species and required to be kept at the
construction site for quick reference.
b. No dune fill or fill material shall occur in optimal piping plover habitat (washover passes,
inlets, lagoons, mud and sand flats) except to protect existing structures and existing primary
and emergency roadways.
c. At least twenty percent of the beaches and dune systems shall remain unvegetated, especially
low-lying flats or inter-dunal areas.
d. No vegetation planting shall occur in or within 50 feet of optimal piping plover habitat such
as low lying washover areas, sandflats, mudflats, or inlets.
Monitoring and Reporting Requirements
In order to monitor the impacts of incidental take, the Applicants are responsible for reporting
the progress of the Action and its impact on the species. This section provides the specific
instructions for such monitoring and reporting (M&R).
a. Upon discovery of a turtle approaching the beach from the water, all construction activities
(including dredged material placement and beach rock removal activities) shall immediately
cease within 500 feet of the turtle. The monitor will observe activities to assess if the turtle is
injured, stranded, or if the turtle is a nesting female coming ashore. The monitor shall notify
the NCWRC and the permitted sea turtle monitor immediately. For stranded turtles, the
monitor shall contact the NCWRC for guidance on implementing appropriate stranding
response procedures in accordance with NCWRC protocol. Upon observing nesting behavior,
the Project Engineer will coordinate with the NCWRC to will determine the appropriate
action to be taken regarding nest relocation. The Contractor shall not commence work again
until directed by the Project Engineer.
b. If a sea turtle or a sea turtle nest is encountered in the "non -active construction area," all
beach construction activities shall cease immediately within 500 feet in either direction of the
activity and the monitor will notify NCWRC.
c. Sea turtle nesting surveys must be conducted within the project area 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 information in the table below. This information will be provided to the Service's Raleigh
Field Office in the annual report and will be used to periodically assess the cumulative
effects of these types of projects on sea turtle nesting and hatchling production and monitor
suitability of post construction beaches for nesting.
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

51 Fact Sheet — Endangered Species Act Compliance
Sand Placement
Table. In the event that sea turtle nest monitoring data from other sources cannot be acquired,
the Applicant will be responsible to collect the data below.
Parameter
Measurement
Variable
Number of False Crawls
Visual Assessment of all
Number/location of false crawls
false crawls
in nourished areas; any interaction
of turtles with obstructions, such
as sand bags or scarps, should be
noted.
False Crawl Type
Categorization of the stage at
Number in each of the following
which nesting was abandoned
categories:
a) Emergence - no digging;
b) Preliminary body pit;
c) Abandoned egg chamber.
Nests
Number
The number of sea turtle nests in
nourished areas should be noted.
If possible, the location of all sea
turtle nests should be marked on a
project map, and approximate
distance to scarps or sandbags
measured in meters. Any
abnormal cavity morphologies
should be reported as well as
whether turtle touched sandbags
or scarps during nest excavation.
Nests
Lost Nests
The number of nests lost to
inundation or erosion or the
number with lost markers.
Nests
Relocated nests
The number of nests relocated
and a map of the relocation
area(s). The number of
successfully hatched eggs per
relocated nest.
Lighting Impacts
Disoriented sea turtles
The number of disoriented
hatchlings and adults
d. A report describing any actions taken must be submitted to the Service's Raleigh Field Office
following completion of the proposed work for each year when a sand placement activity has
occurred. The report must include the following information:
i. Project location (latitude and longitude)
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

61 Fact Sheet — Endangered Species Act Compliance
Sand Placement
ii. Project description (linear feet of beach, actual fill template, access points, and borrow
areas)
iii. Dates of actual construction activities
iv. Names and qualifications of personnel involved in sea turtle nesting surveys and
relocation activities (separate the nesting surveys for nourished and non -nourished areas)
v. Descriptions and locations of self -release beach sites
vi. Sand compaction, escarpment formation, and lighting survey results
Information required in the above Conservation Measures and/or these Reporting Requirements
should be submitted by January 31 of the following year to the following address:
Raleigh Field Office
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
[phone]
Other Requirements
a. All applicable local, county, and state permits must be obtained.
b. Detailed state and county -specific monitoring and reporting requirements and work
restrictions must be followed for work performed.
c. FEMA grant applicants must ensure that contractors fully understand the species protection
measures that are to be followed.
d. Upon locating an injured or dead federally protected species that has been harmed as a direct
or indirect result of the above authorized work, notification must be made to the NCWRC,
Division of Law Enforcement at [phone], and the USFWS Raleigh Field Office at
[phone]. Care should be taken in handling injured animals to ensure effective
treatment or disposition, and in handling dead specimens to preserve biological materials in
the best possible state for later analysis.
e. The Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures
for Construction Activities in North Carolina Waters shall be implemented as appropriate.
£ The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions
between the U.S., Canada, Japan, Mexico, and the former Soviet Union for the protection of
migratory bird. Under the provisions of the MBTA it is unlawful "by any means or manner to
pursue, hunt, take, capture or kill any migratory bird except as permitted by regulations
issued by the USFWS. The term "take" is not defined in the MBTA, but the USFWS has
defined it by regulation to mean to pursue, hunt, shoot, wound, kill, trap, capture or collect
any migratory bird, or any part, nest or egg of any migratory bird covered by the conventions
or to attempt those activities.
i. The shorebird nesting season generally is 1 April — 1 September, but some nesting may
occur through September.
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

71 Fact Sheet — Endangered Species Act Compliance
Sand Placement
ii. Within the project area, a site -specific buffer should be established around any location
where shorebirds have been engaged in courtship or nesting behavior, or around areas
where piping plovers occur, or winter migrants congregate in significant numbers. Any
and all construction activities, including movement of vehicles, must be prohibited in the
buffer zone.
iii. The width of the buffer zone must be increased if birds appear agitated or disturbed by
construction or other activities in adjacent areas.
iv. Designated shorebird buffer zones must be posted with clearly marked signs around the
perimeter. These markings should be maintained until nesting is completed or terminated,
the chicks fledge, or piping plovers or winter migrants depart.
v. No construction activities or stockpiling of equipment must be allowed within the
shorebird buffer area.
USFWS Terms and Conditions
In order for the exemption from the take prohibitions of the ESA to apply to the Action, FEMA
must comply with the Terms and Conditions (T&Cs) below. These T&Cs are mandatory for
funding of sand placement. As necessary and appropriate to fulfill this responsibility, FEMA
must require any permittee, contractor, or grantee to implement these T&Cs through enforceable
terms that are added to the permit, contract, or grant document.
T&C #1. Conservation Measures: FEMA must ensure that the Applicant is aware of the
proposed Conservation Measures for sand placement.
T&C #2. Derelict Material: Prior to sand placement, all derelict material, large amounts of
rock, or other debris must be removed from the beach to the maximum extent possible. If debris
removal activities take place during shorebird breeding season (April 1— August 31), the work
shall be conducted during daylight hours only.
T&C #3. Pipeline Placement: The pipeline route/pipeline placement must be coordinated with
NCDCM, the Corps, the Service, and the NCWRC. Pipeline placement coordination may be
accomplished through the NCDCM or Corps permit application process.
T&C #4. Pre -Construction Meeting: A meeting between representatives of the contractor(s),
the Corps (as appropriate), the Service, the NCWRC, and NCDCM, must be held prior to the
commencement of work. Advance notice (of at least 5 business days) must be provided prior to
conducting this meeting. The meeting will provide an opportunity for explanation and/or
clarification of the Conservation Measures and T&Cs, and will include the following, as
appropriate:
a)
Staging locations, and storing of equipment, including fuel stations;
b)
Coordination with the surveyors on required species surveys;
c)
Pipeline placement;
d)
Minimization of driving within and around the Action Area;
e)
Follow up coordination during construction and post construction;
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

81 Fact Sheet — Endangered Species Act Compliance
Sand Placement
f) Direction of the work including progression of sand placement along the beach;
g) Plans for compaction monitoring;
h) Plans for escarpment surveys and
i) Names and qualifications of personnel involved in any required species surveys.
T&C #5. Vehicle Access: Access points for construction vehicles must be as close to the project
site as possible. Construction vehicle travel down the beach must be limited to the maximum
extent possible.
T&C #6. Escarpments: Visual surveys for escarpments along the Action Area must be made
immediately after completion of sand placement, and within 30 days prior to May 1, for two
subsequent years after any construction or sand placement event. Escarpments that interfere with
sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and
the beach profile must be reconfigured to minimize scarp formation by the dates listed above.
Any escarpment removal must be reported by location. The Service 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. If it is determined that escarpment
leveling is required during the nesting or hatching season, the Service or NCWRC will provide a
brief written authorization within 30 days that describes methods to be used to reduce the
likelihood of impacting existing nests. An annual summary of escarpment surveys and actions
taken must be submitted to the Service.
T&C #7. Compaction Inspections: Sand compaction must be qualitatively evaluated at least
once after each sand placement event. If the Service or NCWRC determine that additional
inspections are needed, a second inspection may be required prior to May 1 of the following
year. Compaction monitoring and remediation are not required if the placed material no longer
remains on the beach. Within 14 days of completion of sand placement and prior to any tilling (if
needed), a field meeting shall be held with the Service and/or NCWRC to inspect the project area
for compaction and determine whether tilling is needed.
a) If tilling is needed for sand suitability, 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 or greater, with a 3-foot buffer around all vegetation.
c) If tilling occurs during the shorebird nesting season or seabeach amaranth growing
season (after April 1), shorebird surveys and/or seabeach amaranth surveys are required
prior to tilling.
d) A summary of the compaction assessments and the actions taken shall be included in
the annual report to NCDCM, the Corps, and the Service.
e) These conditions will be evaluated and may be modified if necessary, to address and
identify sand compaction problems.
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

91 Fact Sheet — Endangered Species Act Compliance
Sand Placement
T&C #8. Shorebird Nesting Habitat: If project -related activities will potentially adversely
affect nesting shorebirds or active nesting habitat, coordination with the Service and NCWRC is
required prior to proceeding. If the project is ongoing and shorebirds begin territorial or other
nesting behaviors within the project area, then the Service and NCWRC must be contacted as
soon as possible.
T&C #9. Work in Piping Plover Critical Habitat: Piping plover habitat (sandy unvegetated
habitat) within the critical habitat unit shall be avoided to the maximum extent practicable when
staging equipment, establishing the dredge footprint, travel corridors, and aligning pipeline. The
Corps or the Permittee, to the maximum extent practicable, shall clearly delineate work areas
within the critical habitat unit such as pipeline corridors, dredge footprint, travel corridors, and
access points. Disturbance outside those delineated work areas must be limited, thereby
minimizing effects to sandy unvegetated habitat. Driving on the beach for construction shall be
limited to the minimum necessary within the designated travel corridor.
T&C #10. Level Excavations: From May 1 through November 15, to the maximum extent
practicable, excavations and temporary alteration of beach topography (outside of the active
construction zone) must be filled or leveled to the natural beach profile prior to 9:00 p.m. each
day.
T&C #11. Sea Turtle Sightings: If any nesting turtles are sighted on the beach during
construction, construction activities must cease immediately until the turtle has returned to the
water, and the sea turtle permit holder responsible for nest monitoring has marked for avoidance
or relocated any nest(s) that may have been laid. If a nesting sea turtle is observed at night, all
work on the beach must cease and all lights must be extinguished (except for those absolutely
necessary for safety) until after the female has finished laying eggs and returned to the water.
T&C #12. Minimize Lighting: Direct lighting of the beach and nearshore waters must be
limited to the immediate construction area during the nesting season and must comply with
safety requirements. Lighting on all equipment must be minimized through reduction, shielding,
lowering, and appropriate placement to avoid excessive illumination of the water's surface and
nesting beach while meeting all Coast Guard, Corps EM 385-1-1, and OSHA requirements.
Light intensity of lighting equipment must be reduced to the minimum standard required by
OSHA for General Construction areas, in order to not misdirect sea turtles. Shields must be
affixed to the light housing and be large enough to block light from all on -beach lamps from
being transmitted outside the construction area or to the adjacent sea turtle nesting beach
(Figure).
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021

10 Fact Sheet — Endangered Species Act Compliance
Sand Placement
------------------
Beach WORK AREA Beach
No Illumination No Illumination
Zone As °ss Zone
Side Shield e Side Shield
Light Source
CROSS SECTION
C* souse
amn Bead, WA Brea eead6
Figure. Beach lighting schematic.
BEACH LIGHTING
SCHEMATIC
USFWS Programmatic Biological Opinion under the Endangered Species Act (ESA)
FEMA Grant Funding of Post -Disaster Sand Placement
January 27, 2021