The URL can be used to link to this page

Home My WebLink About20230806 Ver 1_More Info Received_20230821 (4)NATI E SHORELINES 10 August 2023 Liz Hair Regulatory Project Manager Wilmington District, US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Native Shorelines a division of Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 919.755.9490 Re: Informal Threatened and Endangered Species & Essential Fish Habitat Biological Evaluation Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SAW-2023-01327 TRANSMITTED VIA EMAIL Dear Ms. Hair: Per your request, this letter provides additional information on the presence/absence of federally listed threatened and endangered species and their critical habitats regulated under the Endangered Species Act (ESA) as well as essential fish habitats (EFH) along the proposed alignments for the above referenced living shorelines. Each species highlighted in your email of 21 July 2023 is discussed below. From the information provided below, we trust a concurrence determination will be made that the proposed project will have No Effect on threatened and endangered species or their critical habitat. Project Synopsis Hammocks Beach State Park (HBSP) in Onslow County, North Carolina (NC) proposes to construct 3,520 linear feet (LF) of living shorelines along portions of its shoreline that are experiencing erosion from boat wakes and, in some areas, previous use as recreational swimming areas. The living shoreline will be constructed in the intertidal zone within 25 feet (ft) of the shoreline. QuickReef® units will be arranged to form 100-ft long offshore sills with a base -width of 6.67ft and a center height of 24 inches (in). Five-foot gaps will separate each section of sill with off- set baffles to prevent concentrated shoreline erosion at the gaps. When water depths exceed 36in, Natrx Sustainable ExoFormsTM will be used for these baffles with a base -width of 6.67ft and a center height of 30in. QuickReef® units are comprised primarily of natural calcium carbonate materials and are arranged to both attenuate wave energy and enhance both motile and sessile fauna habitats. Example QuickReef sills are shown in Images 1, 2, and 3 below. Image 1. QuickReef' living shoreline immediately following installation, Pine Knoll Shores, NC. Image 2. QuickReej% living shoreline 18 months following installation, Wilmington, NC Image 3. Overlapping baffled gap in QuickReefg living shoreline 9 months after installation. T Native Shorelines A I I E a division of Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 SHORELINES 919.755.9490 Approximately 1,135 LF of the living shoreline (Section B) will be installed from land via existing access at the former 4H camp on the park. Material will be trucked to the site and lowered onto floating docks or directly into the water by a crane (Images 3 and 4). Material may be transported along the existing marsh as needed using a low - impact, low ground -pressure forklift (Image 5). If material needs to be stockpiled along the shore or any material needs to be transported by land over coastal wetlands, plywood and/or logging mats will be placed over existing coastal marsh for the time required to travel across it or temporarily stockpile materials to prevent deposition of fill and dissipate any impacts (Image 5). No material will be set on existing coastal marsh for an extended period. Barged deployments will not occur from April I to July 31 in order to expedite permit processing and alleviate concerns regarding potential essential fish habitat impacts. Image 3 (left). Unloading QuickReef% units from shore for hand placement. Image 4 (middle). Unloading QuickReeA units from floating dockfor hand placement. Image 5 (right). Moving QuickReef% units along the marsh with low -ground - pressure equipment. The remaining sections of the shoreline (Sections Cl, C2, and C3) and any offset baffles in deeper water will be barged to the site on a small barge and units will be offloaded with a small excavator as shown in Images 6, 7, and 8. All pallets and any other construction materials will be removed from the site immediately following construction. It is anticipated that 100 to 400 feet of shoreline can be completed per day so all equipment and personnel will be in an out of the area quickly, causing minimum disturbance to aquatic and terrestrial flora and fauna. This will allow each section to be constructed in less than three weeks. Image 6 (left). Unloading and placing Natrx ExoFormsTM from barge. Image 7 (right). Unloading QuickReeA units from barge for hand placement. Image 8 (right). QuickReeA deployed from barge ready for hand placement NAT I E SHORELINES Native Shorelines a division of Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 919.755.9490 ESA Mapping Results The shapefile for the proposed living shoreline alignment was uploaded to both the National NMFS ESA Critical Habitat Mapper and the USFWS iPaC Mapper applications on 31 July 2023 and for a query of the North Carolina Natural Heritage Program (NCNHP) database on 3 August 2023. This shapefile and the results from both mapper applications and the NCNHP query are attached to the email with this letter. The NMFS ESA Critical Habitat Mapper produced 0 results. There is shading on the map, but it is proposed critical habitat, not currently designated critical habitat. This is proposed foraging/resting habitat for the green sea turtle (Chelonia mydas). The USFWS iPaC Mapper revealed two listed federally mammals, one proposed mammal, four listed birds, one delisted bird protected under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA), five listed reptiles (one for similarity of appearance only), and three flowering plants that could be potentially affected at the project location (Table 1). In addition, the query found no critical habitats in the proposed project location. Table 1. Results from uploading proposed project alignment to USFWS iPaC mapper application. If Yes, Critical Habitat Critical Occurs Within Habitat Project Scientific Name Common Name Status Designated? Footprint? M otis se tentrionalis northern long-eared bat endangered No -- Perim otis sub avus tricolored bat proposed endangered No -- Trichechus manatus West Indian manatee threatened Yes No Laterallus jamaicensis spp. Eastern black rail threatened No -- Charadrius melodus piping plover threatened Yes No Calidris canutus ru a red knot threatened Proposed -- Picoides borealis red -cockaded endangered No woodpecker delisted due to recovery but Haliaeetus leucocephalus Bald eagle protected under BGEPA No -- &MBTA Chelonia m das green sea turtle endangered Yes No Lepidochelys kempii Kemp's Ridley sea endangered Proposed -- turtle Dermochel s coriacea leatherback sea turtle endangered Yes No Caretta caretta loggerhead sea turtle threatened Yes No Alligator mississippiensis American alligator similarity of appearance No -- threatened Thalictrum coole i Coole 's meadowrue endangered No -- Lindera melissi olia pondberry endangered No -- L simachia as eruli olia rough -leaved loosestrife endangered No -- Informal T&E Species & EFH Biological Evaluation Page 4 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 The NCNHP database query revealed no documented occurrences of threatened or endangered species within the project boundary. The Atlantic sturgeon and giant manta ray mentioned in your email of 21 July 2023 were not indicated by any mapping result other than one NCNHP occurrence of'Atlantic sturgeon within one mile of theproject site on 28 November 2004. Both are still addressed below. Information by Species — iPaC Mapper Indicated Potential Species HBSP's Natural Resource Inventory Database (NRID is publicly available via the NC State Park System 's webpage at www.ncparks.�gov and consists of submissions by park biologists and park rangers since 2000, including known historical records prior to that date. All information below regarding documented occurrences of species at HBSP comes from the HBSP NRID and personal communication with Matt Windsor, Park Superintendent. Listed Mammals Northern long-eared bat (Myotis septentrionalis) No critical habitat for the northern long-eared bat has been designated. Primarily a terrestrial species, the northern long-eared bat is not known to utilize the intertidal area for any part of its lifecycle. It has never been documented at HBSP, and the NCNHP report lists no documented occurrences within one mile of the proposed project area. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws. og v/ecp/species/9045#bo West Indian manatee (Trichechus manatus) Critical habitat for the West Indian manatee has been designated and none occurs within the proposed project area. Manatees prefer water above 68°F and forage on sea grasses and other submerged and floating aquatic vegetation. There is little submerged aquatic vegetation/seagrass (SAV) within the proposed project area (see SAV survey submitted earlier as part of the proposed project permit application) for foraging. West Indian manatees have been sighted at HBSP three times but only in inlets to the Atlantic Ocean on either side of Bear Island, three to five miles from the project area. No sightings have occurred in or near the project area, and the NCNHP report lists no documented occurrences within one mile of the proposed project area. Manatees would be unlikely to utilize the intertidal area where the proposed project is located due to water depth and the area is over five miles upstream from the closest historical sighting. No effect is anticipated to this species from the proposed project. -sources: https:Hecos.fws. og v/ecp/species/4469; https://www. ovg info.gov/content/pkg/FR-1977-09-22/pdf/FR-1977-09- 22.pdf#pa�e=1 Proposed Mammals Tricolored bat (Perimyotis subflavus) Critical habitat for the tricolored bat has been proposed and none occurs within the proposed project area. Primarily terrestrial species, the tricolored bat has never been documented at HBSP, and the NCNHP report lists no documented occurrences of tricolored bats within one mile of the proposed project area. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws. og v/ecp/species/10515; https://www.ncbwg.org/tri-colored-bat-Perimyotis-subflavus/ Informal T&E Species & EFH Biological Evaluation Page 5 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 Listed Birds Eastern Black Rail (Laterallus jamaicensis spp.) No critical habitat for the eastern black rail has been designated. The eastern black rail inhabits fresh and saltwater marshes where they forage for small invertebrates and seeds. The proposed project will not reduce salt or freshwater marsh habitats or create long-term disturbances in the marsh areas that the eastern black rail might utilize. The eastern black rail has never been documented at HBSP, and the NCNHP report lists no documented occurrences within one mile of the proposed project area. An extensive survey of all suitable habitat for the black rail at HBSP was performed by park staff in July 2023 and no individuals were located. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws.gov/docs/recovery plan/20210318_EBLRA_Recovery%200utline_signed%20(1).pdf Piping plover (Charadrius melodus) Critical habitat for the piping plover has been designated and none occurs within the proposed project area. Plovers primarily utilize utilize ocean beaches, tidal flats, and sandbars. Piping plovers have been documented at HBSP but only on barrier islands. In total, 111 individuals have been documented, all at Bear Island, over two miles from the proposed project area in habitats unlike any found in the project area. No habitat for the piping plover exists in or near the proposed project area, and the NCNHP database query lists no documented occurrences within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: https:Hecos.fws.gov/docs/recovery plan/Vol%20II%20NGP%20Draft%20Revised%20Winter%20Rec%20Plan%206_0 5 15 2.pdf Red knot (Calidris canutus rufa) Critical habitat for the red knot has been proposed and none occurs within the proposed project area. Red knots nest in the tundra and overwinter in warmer climates. Their overwintering habitat is primarily "wide, sparsely vegetated beaches, shoals, tidal mud or sand flats, or mangrove -dominated shorelines" (USFWS, 2023 recovery plan). Red knots have been documented at HBSP, but only on barrier islands. In total, 30 individuals have been documented, all at Bear Island, over two miles from the proposed project area in habitats unlike any found in the project area. No habitat for the red knot exists in or near the proposed project area, and the NCNHP database query lists no documented occurrences within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws.gov/docs/recovery plan/2023_red%20knot%20recovery%20plan_ final _508%20compliant%20signed.pd f Red -cockaded woodpecker (Picoides borealis) No critical habitat for the red -cockaded woodpecker has been designated. Red -cockaded woodpeckers utilize open pine woodlands and savannahs with a dominant pine tree age of 30 years or older for foraging and large pines (-60 years of age or older) for roosting and creating nesting cavities. No such habitat occurs in or near the project area, and red -cockaded woodpeckers have never been documented at HBSP. Further, the NCNHP report lists no documented occurrences within one mile of the proposed project area No effect is anticipated to this species from the proposed project -sources: https:Hecos.fws.gov/docs/recovery plan/030320_2.pdf Informal T&E Species & EFH Biological Evaluation Page 6 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 Listed Reptiles Green sea turtle (Chelonia mydas) Critical habitat for the green sea turtle has been designated. The project is not within any currently designated habitat but is within proposed habitat. In addition to oceanic habitats, green sea turtles require two near -shore habitat types: ocean beaches for nesting and benthic feeding zones in relatively shallow, protected waters. Theses foraging habitats are typically seagrass and algae meadows. There is little submerged aquatic vegetation/seagrass (SAV) within the proposed project area (see SAV survey submitted earlier as part of the proposed project permit application) for foraging. Green sea turtles have been documented at HBSP but only on barrier islands. One individual has been documented recently and two crawls were documented over 20 years ago. All documented occurrences were at Bear Island, over two miles from the proposed project area in habitats unlike any found in the project area (see information below from park records). No swimming green sea turtles have ever been documented in or near the proposed project area, and the NCNHP database query lists no documented occurrences of green sea turtle within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws.gov/docs/recovery plan/911126c.pdf NRID Report: Green Sea Turtle Chelonia mydas at H A B E Date Observer(s) Number Comment Lon Lat 2023-06-29 turtle interns F 1 nest adjacent to 4wd access to beach -77.136798 34.634127 2002-05-16 S. McElhone I 1 turtle not seen, crawl identified as green, did not nest 2002-05-15 S. McElhone F 1 turtle not seen, crawl identified as green, did not nest Kemp's Ridley sea turtle (Lepidochelys kempii) No critical habitat for the Kemp's Ridley sea turtle has been designated. In addition to oceanic habitats, Kemp's Ridley sea turtles require two near -shore habitat types: ocean beaches for nesting and benthic feeding zones in waters less than 200 meters deep. Kemp's Ridley sea turtles have been documented at HBSP but only on barrier islands. One dead individual washed ashore in 2022 and another stranded individual was documented in 1989. Both documented occurrences were at Bear Island, over two miles from the proposed project area in habitats unlike any found in the project area (see information below from park records). No swimming Kemp's Ridley sea turtles have ever been documented in or near the proposed project area, and the NCNHP database query lists no documented occurrences of Kemp's Ridley sea turtles within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws.gov/docs/recovery plan/kempsridley revision2_with%20si n�pdf Informal T&E Species & EFH Biological Evaluation Page 7 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 NRID Report: Kemp's Ridley Sea Turtle Lepidochelys kempii at H A B E Date Observers) Number Comment F Lon Lat 2022 11-06 IM.WindsorF freshly dead female washed up on beach at bear inlet. Head -77 174429 F34.620716 picked clean but otherwise in good condition 1989 01-16 S. Bland F 0 Stranded on Bear Island, from stranding report 77.145498 34.630974 Leatherback sea turtle (Dermochelys coriacea) Critical habitat for the leatherback sea turtle has been designated and none occurs within the proposed project area. Leatherback sea turtles are the most pelagic of all sea turtles, spending most of their lives in deep ocean waters. One dead leatherback sea turtle was found stranded on Bear Island on 7 May 2002, but that is the only documented occurrence of a leatherback sea turtle at HBSP. This occurrence was over two miles from the proposed project area in a habitat unlike any found in the project. No swimming leatherback sea turtles have ever been documented in or near the proposed project area, and the NCNHP database query lists no documented occurrences of leatherback sea turtles within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: h!!ps:Hecos.fws.gov/docs/recovery plan/920406.pdf Loggerhead sea turtle (Caretta caretta) Critical habitat for the loggerhead sea turtle has been designated and none occurs within the proposed project area. In addition to oceanic habitats, loggerhead sea turtles require two near -shore habitat types: ocean beaches for nesting and benthic feeding zones in waters less than 200 meters deep. Loggerhead turtles are known to frequent Core and Pamlico Sounds and have frequently nested on Bear Island. Waters in Core and Pamlico Sound are significantly deeper than in the proposed project area and habitats on Bear Island are unlike any found within the proposed project area. All nesting and occurrence records for HBSP are provided below. Four records have been within the last 10 years. All other records are from 2011 or earlier. The nearest documented occurrence to the proposed project area is over two miles away. One swimming loggerhead sea turtle was documented over twenty years over two miles from the proposed project area at Bear Island. The NCNHP database query lists no documented occurrences of loggerhead sea turtles within one mile of the proposed project. No effect is anticipated to this species from the proposed project. -sources: hgps:Hecos.fws.gov/docs/recovery plan/090116.pdf NRID Report: Loggerhead Sea Turtle Caretta caretta at HABE Date Observers) Number Comment FLon Lat atchlings on a "early release" cloudy morning. Around 30 2 222 08-24 M.Windsor F7 rha d already left next, 90 plus hatchlings remain to likely tch tonight -77.159296 34.626349 2016-08-29 IA. Moorhead F 4 1hatchlings -77.149515 34.629147 2016-07-19 A. Moorhead -77.127500 34.635079 REvans -77.145395 34.6301002016-06-06 Informal T&E Species & EFH Biological Evaluation Page 8 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 2011-06-24 K. Sourbeer I l Nest #16 2004-07-28 S. McElhone nest #9; 101 eggs, destroyed by high tides of tropical �systesmI F 2004-07-13 S. McElhone I l nest #8; 121 eggs, 88.4% hatching success 2004-07-13 S. McElhone I l Ifalse crawl 2004-07-12 S. McElhone I l Ifalse crawl 2004-07-05 S. McElhone I l nest #7; 113 eggs, 83.2% hatching success 2004-06-30 S. McElhone I l nest #5 2004-06-30 S. McElhone I l nest #6; 127 eggs, 93.7% hatching success 2004-06-18 S. McElhone I 1 Inest #4; 90 eggs, 87.5% hatching success 2FO04-06-17 S. McElhone F l Inest #3; 134 eggs, 90.3%hatching success 2004-06-14 IS. McElhone I l Inest #2; 115 eggs, 83.5% hatching success 2004-06-05 S. McElhone I l nest #1; 115 eggs, 88.7% hatching success 2004-06-04 S. McElhone I l Ifalse crawl 2004-05-18 S. McElhone I l Ifalse crawl 2003-08-27 S. Bland I l nest #10, destroyed by high tides of Hurrican Isabel 2003-08-17 S. McElhone I l Ifalse crawl 2003-08-16 S. McElhone I l Ifalse crawl 2003-08-11 S. McElhone I l Ifalse crawl 2003 07-29 S. McElhone I l nest #9 2003-07-12 IS. McElhone I 1 nest #7 2003-07-12 S. McElhone I l nest #8 2003-07-11 S. McElhone I l Ifalse crawl 2003-07-10 S. McElhone I l Inest #6 2003-07-10 S. McElhone I l Ifalse crawl 2003-07-09 S. McElhone I l Ifalse crawl 2003-07-09 S. McElhone I l Ifalse crawl 2003-07-08 S. McElhone I l Inest #5 2003-07-06 S. McElhone I 1 Ifalse crawl 2003 07-05 S. McElhone I 1 Iflase crawl 2003-07-05 IS. McElhone I l Ifalse crawl 2003-06-30 S. McElhone I l Seen swimming in ferry basin at island bulkhead 2003-06-28 S. McElhone I l Inest #4 2003-06-26 S. McElhone I l Iflase crawl 2003 06-19 S. Bland I 1 False Crawl Informal T&E Species & EFH Biological Evaluation Page 9 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 2003-06-13 2003-06-11 2003-06-11 2003-06-10 2003-06-02 2003-06-01 S. McElhone S. McElhone S. McElhone S. McElhone S. McElhone S. McElhone I l I l I l I l I l I l nest #3 false crawl false crawl false crawl nest #2 false crawl 2003-05-31 S. McElhone I l false crawl 2003-05-21 S. Bland I l first nest of the season 2002-08-02 S. Bland I l false crawl 2002-07-28 S. Bland I l false crawl 2002-07-23 S. Bland I l false crawl 2002-07-21 S. Bland I l false crawl 2002-07-21 S. McElhone I l Ifalse crawl 2002-07-19 S. Bland I l false crawl 2002-07-19 S. Bland I l nest #15 total eggs-79 escaped-76 [2002 07 18 S. Bland I l nest #14 total eggs-63 escaped-0 2002-07-18 IS. Bland I l false crawl 2002-07-15 JSam Bland l False Crawl 2002-07-15 S. Bland �I L F 117 escaped-16nest #12 total ggs-121 escaped-108 nest #13 total eggs- F F 2002-07-14 S. Bland I l false crawl 2002 07-11 S. Bland F2 false crawl 2002-07-08 S. Bland I l false crawl 2002-07-06 S. Bland I l nest #11 total eggs-133 escaped-126 2002-07-05 S. Bland I l False Crawl 2002-07-04 S. Bland I l False Crawl 2002-07-02 S. Bland I l False Crawl 2002-07-02 S. Bland I l nest #10 egg total 127 escaped-2 2002-06-29 S. Bland I 1 Nest #9 egg total-149 escaped-135 2002-06-29 Sam Bland I l False Crawl 2002-06-27 Sam Bland I l False Crawl 2002-06-26 S. Bland I l False Crawl 2002-06-25 S. Bland I l nest #8 egg total 114 escaped-109 2002-06-24 S. Bland I l False Crawl 2002-06-23 S. Bland I 1 False Crawl Informal T&E Species & EFH Biological Evaluation Page 10 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 2002 06-22 2002-06-22 2002-06-20 S. Bland S. Bland S. Bland I l I l I l False Crawl nest #7 egg total 151 escaped-138 False Crawl 2002-06-18 S. Bland I l nest #6 egg total -III escaped-109 2002-06-18 S. Bland I l False Crawl 2002-06-16 S. Bland I 1 nest #5 egg total 120 escaped-116 2002-06-16 IS. Bland F 3 False Crawl 2002-06-11 S. Bland I 1 �nest #4 egg total 114 escaped-27 2002-06-10 S. Bland I l False Crawl 2002-06-09 S. Bland I l nest #3 egg total 118 escaped-113 2002-06-06 S. Bland I l False Crawl 2002-06-02 S. Bland I l nest #2 nest total-115 escaped-109 2002-06-02 S. Bland I l False Crawl 2002-05-29 S. Bland I l False Crawl 2002-05-19 S. Bland I l False Crawl 2002-05-16 S. Bland False Crawl 2002-05-15 S. Bland I l False Crawl 2002-05-10 S. Bland I l nest #1 egg total 134 escaped-82 2002-05-08 S. Bland I l False Crawl obs. on 12/?/1989 -- NCSM voucher specimen # 30886 (S. 0000-00-00 0 Bland) Listed Flowering Plants Three listed flowering plants are indicated by the iPaC mapper. All three, Cooley's meadowrue (Thalictrum cooleyi), pondberry (Lindera melissifolia), rough -leaved loosestrife (Lysimachia asperulifolia) are terrestrial plants that occur in wetland pine savannas and other fire -dependent communities. No critical habitat has been designated for any of the three, no habitat for any of the three occur in or near the proposed project, and the NCNHP database query lists no documented occurrences of any of the three plants within one mile of the proposed project. No effect is anticipated to these species from the proposed project. -sources:https://ecos.fws.gov/does/recovery 121an/940421.pdf, https:Hecos.fws.gov/docs/recovery plan/930923a.pdf, hgps:Hecos.fws.gov/docs/recovery plan/950419b.pdf Information by Species — Species of USACE Concern Atlantic sturgeon (Acipenser osyrinchus) Atlantic sturgeon is an anadromous fish species that inhabits the Atlantic coast of North America. It breeds and spawns in freshwater, migrating to brackish water as they age, before spending most of their adult lives in the open ocean. Multiple watersheds in North Carolina have been designated as critical habitat for the Atlantic Informal T&E Species & EFH Biological Evaluation Page 11 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 sturgeon, however the proposed project area does not occur in any of those waters. One dead Atlantic sturgeon was found dead on the beach at Bear Island over ten years ago (21 November 2008, GPS: 34.634274/- 77.132323) over two miles from the project area. The NCNHP has one documented occurrence of an Atlantic Sturgeon within one mile of the proposed project area 18 years ago (24 November 2004). No effect is anticipated to this species from the proposed project. -source: https://ecos.fws. og v/ecp/species/EOA7 Giant manta ray (Manta birostris)No critical habitat for the giant mantra ray has been designated. Giant manta rays primarily found in the open ocean and nearshore ocean habitats. All documented occurrences of giant manta rays in North Carolina have been in the Atlantic Ocean. It has never been documented at HBSP, and the NCNHP report lists no documented occurrences within one mile of the proposed project area. No effect is anticipated to this species from the proposed project. -sources: https:Hmedia.fisheries.noaa.gov/dam-mi rag tion/giant_manta_ray recovery outline.pdf Essential Fish Habitats (EFH) For the purposes of addressing EFH concerns in your letter of 21 July 2023, seine pull surveys were conducted by HBSP staff for each of the mainland proposed living shoreline sections to augment historical data from HBSP NRID. Protocols for this seine pull were as follows: 1. Each intertidal zone was sampled with a 20-ft long seine net along the proposed project footprint out to 30 ft from the mean low water mark. 2. Three (3) seine pulls, 100 meters (m) apart were conducted at each site and the seine was pulled for 1 Om each sample. 3. Photo records were taken of examples of each unique species for in -office verification of species. 4. All fishes and invertebrates were identified to at least genus level. 5. Any bottom habitat where a seine pull was not feasible (due extensive oysters, obstructions, etc.) were intended to be dip -netted, however, no bottom obstructions or oysters were significant enough to impede the seine net so this protocol was not needed. Seine pulls were conducted on 25 July 2023 on a falling tide; water temperatures were 85 to 86 degrees; measured salinity ranged between 30 and 35 parts per thousand (ppt). The following fish and invertebrate species of interest to NMFS were recorded during the seine pulls: bay anchovy (Anchoa mitchilli), yellowfin menhaden (Brevoortia smithi), pinfish (Lagodon rhomboides), Atlantic silverside (Menidia menidia), striped mullet (Mugil cephalus), white mullet (Mugil curema), pipefish (Syngnathus sp.), blue crab (Callinectes sapidus), and brown shrimp (Farfantepenaeus aztecus). All portions of the proposed project site are a silt/sand/mud bottom per NOAA EFH designations with degraded patches of SAV (Zostera mariana) near the proposed alignment that die back each June; no Cuban shoal grass (Halodule wrightii) has been located near any of the project sites (see previously submitted SAV survey). The entire project area remains designated by NC Division of Marine Fisheries (NCDMF) and NC Shellfish Sanitation (NCSS) as open to harvest for shellfishing but experiences significant turbidity which could be mitigated by living shorelines and enhanced oyster growth. Winter water clarity is often 6 ft or more measured by Sechhi disk while summer clarity is typically less than 2ft measured by Sechhi disk (HBSP personnel measurements). The large Informal T&E Species & EFH Biological Evaluation Page 12 of 12 Hammocks Beach State Park Mainland Living Shorelines CAMA Major Permit Application Corps Action ID: SA W-2023-0132 7 natural oyster bars in the area consist primarily of younger or smaller age classes of oysters with significant amounts of dead shell material. The proposed project will reduce siltation due to bank and marsh erosion and facilitate growth of Eastern oysters (Crassostrea virginica), ribbed mussels (Geukensia demissa), and scorched mussels (Brachidontes exustus) which provide natural filtration and stabilization of the salt marsh. The high vertical relief and rugosity of the living shoreline approximates the vertical structure of an unharvested oyster reef, and the interstitial space within the structure will promote the growth of a diversity of invertebrates essential for snapper/grouper through all life stages and summer flounder through its juvenile stages. Improving this habitat will benefit fish and invertebrates while causing minimal short-term disturbance during construction. At the anticipated rate of construction of 100 to 400 LF per day, each section of shoreline should be constructed in less than three weeks, minimizing any short-term disturbance from construction. Megan Geesin, a PhD student from East Carolina University working under Dr. Rachel Gittman, conducted faunal sampling in and around QuickReef® and oyster shell bag living shorelines and adjacent reference sites with no living shorelines in Carteret County in June and August of 2022 as part of a currently -funded NC SeaGrant study on living shorelines. She sampled five living shoreline sites and five reference sites and did not find a presence of any snapper species at most sites. An abundance of penaeid shrimp were sampled across both living shoreline and reference sites indicating no degradation of habitat by the existence of living shorelines (personal communication with Miss Geesin, 3 August 2023). We hope that the information provided above alleviates s any concerns you may have regarding the impact of the proposed project on threatened or endangered species or their habitats or essential fish habitats. If you require any additional information, please do not hesitate to contact me. Sincerely, NATIVE SHORELINES Mary -Margaret S McKinney, RF Director of Coastal Restoration