20040561 Ver 4_DMF Comments_20200609

Strickland, Bev
From: Deaton, Anne
Sent: Tuesday, June 9, 2020 9:11 AM
To: Mairs, Robb L
Subject: FW: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Attachments: VBHI Nourish w FryingPanShoals DMFcomments.pdf; VBHI FPS for
nourishment_Director cover letter.pdf
From: Deaton, Anne
Sent: Friday, June 5, 2020 2:31 PM
To: Coats, Heather <[e-mail]>
Cc: Murphey, Steve <[e-mail]>; Lupton, Dee <[e-mail]>; Davis, Braxton C
<Braxton. Davis@ WIDEN R.Gov>
Subject: Bald Head Island Major Mod Nourishment w Frying Pan Shoals
Comments from NCDMF are attached.
Anne
Anne Deaton
rlakitat anc F nhancement,-jection
NC Division of urine risheries
anne.(Acaton@nc�cnr.Gov
91 0-70-751 1
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

CA*Otll I

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W. MURPHEY
June 5, 2020 Director
Heather Coats, DCM Beach and Inlet Management Project Coordinator
NC DEQ Division of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Re: Village of Bald Head Island; major modification to dredge Frying Pan Shoals for beach
nourishment
Dear Ms. Coats:
After discussions with staff, I concur with their recommendation to deny this major modification
request to dredge 2.5 million cubic yards within a 188.7 acre borrow area to a depth of
approximately -20 feet from the west side of Frying Pan Shoals within state waters. The material
would be piped to nourish 17,200 linear feet of beachfront along South Beach. Approximately 98
acres of the material would be placed below the mean high water line. Frying Pan Shoals is a
critical habitat resource for multiple fishery species, particularly Penaeid shrimp, blue crab, and
coastal migratory species. Additional information on geological and oceanographic characteristics
of the shoal, how these traits enhance fish use near Frying Pan Shoals, how the excavation would
affect the ecosystem services provided by the shoals, and the rate and character of redeposition at
the borrow area is needed to fully understand the extent of impact excavation would have on fish
habitat and associated fisheries. Due to the magnitude of the project, the importance of fisheries
associated with the cape structure, and the many remaining data gaps, the division objects to
excavation of Frying Pan Shoals for beach nourishment at Bald Head Island.
Please keep Anne Deaton informed on the final status of the proposed project. Thank you for the
opportunity to comment on this application.
Sincerely,
Stephen W. Murphey, Director
NC Division of Marine Fisheries
Cc: Braxton Davis, DCM Director
Dee Lupton, DMF Deputy Director
Anne Deaton, DMF Habitat Protection Manager
%'Nothing Compares_".,
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W. MURPHEY
Director
MEMORANDUM:
TO: Heather Coats, DCM Beach and Inlet Management Project Coordinator
FROM: Anne Deaton, DMF Habitat Program Manager 4 a
SUBJECT: Village of Bald Head Island, South Beach Nourishment from Frying Pan Shoals
DATE: June 2, 2020
North Carolina Division of Marine Fisheries (NCDMF) has reviewed the CAMA major modification
application to nourish approximately 17,200 linear feet of beachfront along South Beach, Village of
Bald Head Island (VBHI). Approximately 98 acres would be placed below the mean high water line.
As a sand source, the applicant proposes to establish a 188.7 acre borrow area on the west side of
Frying Pan Shoals, approximately one mile seaward of the southeast shoreline of Bald Head Island.
South Beach is adjacent to the Atlantic Ocean and the Cape Fear River. The applicant has identified
an area of approximately 460 acres for potential sand extraction, stating the selected borrow area
for Phase I would be limited to 188.7 acres. They propose dredging a maximum of 2.5 million cubic
yards (mcy) in Phase I to a depth of approximately -20 ft., although more sand is available. Sand will
be excavated by cutter suction dredge and pumped to the South Beach shoreline. They estimate
needing to borrow sand every 9-10 years.
The applicant states that the project is needed due to concerns that sand from the previously
approved Jay Bird Shoals will be insufficient. Other alternative borrow sites were considered but
rejected by the applicant due to potentially incompatible sediment (upper Cape Fear River, former
federal channel in ocean, and ODMDS), insufficient sand or already used for renourishment
elsewhere (Bald Head Creek Shoal) or not wanting to remove nearshore shoals that provide erosion
control protection or may be desired for beach nourishment purposes by Brunswick beaches
(Middle Ground, Bald Head Shoal). The applicant states that Jay Bird Shoals, although having
sufficient sand for beach nourishment events to date, cannot support expansion of the borrow area
limits in the future.
Bald Head Island receives sand from the Wilmington Harbor dredging in Years 2 and 4 of a 6-year
cycle, and last received sand from this source in 2014/15. Additionally, the VBHI received a permit
to construct a Terminal Groin at the western end of South Beach, which was constructed in 2015,
with Jay Bird Shoals determined to be the preferred borrow area for groin fillet maintenance. In
2017, the town sought a major modification to the permit to utilize Frying Pan Shoals as a borrow
area in addition to Jay Bird Shoals. After resource concerns were raised by the reviewing agencies
regarding use of Frying Pan Shoals, the applicant went back to use of Jay Bird Shoals, and the beach
nourishment with that source occurred in 2019.
This current major modification application is almost identical to the 2017 request to utilize the
same area of Frying Pan Shoals. Resource concerns described in NCDMF's July 6, 2017 comment
letter remain the same and are summarized below.
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021

North Carolina's cape -associated shoals represent a significant and unique habitat. Diamond,
Lookout, and Frying Pan Shoals separate the three ocean bays in North Carolina - Raleigh, Onslow,
and Long bays, and have a major influence on circulation. Water depth ranges from 2-18 ft on the
shoals, dropping to 20-40 ft on the seafloor adjacent to them. Longshore currents interact with the
cape shoals, creating upwellings of nutrient -rich bottom water. The high productivity from
upwelling and benthic algae attract large schools of foraging planktivores which in turn attracts
larger predators, such as mackerel, cobia, and sharks. These species are targeted by fishermen on
and near Frying Pan Shoals. Some species, such as shrimp concentrate along the shoals prior to
migration in or out of the estuary. The area on and adjacent to Frying Pan Shoals within three
miles is an important commercial shrimping ground. Other recreational fisheries at this location
include tarpon, red drum, bluefish, and kingfish. Along the Cape Fear River, blue crab (juvenile and
adult) are common in the inlet system. In 2020, approved management actions included in the
Blue Crab FMP Amendment 3 established additional Crab Spawning Sanctuaries south of Pamlico
Sound, including Cape Fear River Inlet. Crab pots, trawls, crab and oyster dredges are prohibited
from March 1 through October 31 to protect female blue crabs that congregate in the inlet systems
to spawn during that time. Removal of sand from Frying Pan Shoals could fragment the habitat and
negatively affect these fish populations. Additionally, dredging sand from Frying Pan Shoals will
result in the physical removal of benthic invertebrate communities. These epifauna and infauna
species provide a food source for benthic and pelagic fish and invertebrates. By removing this
foraging habitat, benthic -pelagic coupling may be interrupted until recruitment and
recolonization occurs.
The cape -associated shoal complex is designated as Essential Fish Habitat (EFH) by the National
Marine Fisheries Service (NMFS) for several different fish species such as tuna, swordfish, billfish,
coastal and pelagic sharks, cobia, mackerel species and penaeid shrimp. A subset of Essential Fish
Habitat is designated by NMFS as Habitat Areas of Particular Concern (EFH-HAPC). These areas
are documented to be of particular importance to fishery species, and take into account ecological
function, rarity, and sensitivity to anthropogenic activities. The cape shoals are designated as EFH-
HAPC for penaeid shrimp and coastal migratory pelagic species (king and Spanish mackerel and
cobia).
In 2017, NCDMF recommended denial of the permit application as proposed due to significant
adverse impacts to a critically important habitat area, fishery species, and fishing activity. The
division stated at that time that they would reconsider if the following information was provided:
1. An Environmental Impact Statement(EIS) through the USACE
2. Assess impacts to larval transport - Dredging in Frying Pan Shoals can potentially interfere with
the passage of larvae and early juveniles from offshore spawning grounds into estuarine nursery
areas. A detailed scientific field investigation, analysis, and modelling of larval transport
dynamics that exist around Frying Pan Shoals currently and how that will change based on the
proposed dredging activity. This information should be used to model estimated impacts of the
dredging to larval ingress and egress through the inlet.
3. Assess sediment transport and refilling of borrow area - The proposal to dredge a hole, nearly
20 feet deep in some locations, in the shoal could negatively and potentially permanently alter
the habitat on the shoal. Frying Pan Shoal is classified as a relict shoal receiving much of its
sand deposits from the Holocene and Pleistocene periods (Normandeau Associates, Inc. 2014).
These shoals formed over a long period of time and may not recover at rates necessary to
sustain recurring borrow activities. It is unknown how currents, wind, and storm events will
respond spatially and temporally to removal of sand from the shoal. In addition, no studies
have been performed to investigate the type of material that is expected to be deposited within
the footprint of the excavated area. If incompatible materials fill the dredged footprint, new
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
2

borrow sources will be sited on the shoal resulting in cumulative impacts to the habitat. A
sediment transport model should be used to investigate the previously mentioned concerns.
4. DMF would also like to seethe applicant explore alternative sand sources that may have less
significant impacts to critical fisheries habitats; this would include previously permitted
alternative borrow sources.
All of the additional information requested in 2017 has not been provided as far as the division is
aware. In the current application, the applicant did provide information on why the other
alternative locations were not viable (#4). However, Jay Bird Shoals has been able to provide
adequate sand at this point, and appears to remain a viable option. Use of some of the smaller
shoals close to shore are not necessarily unviable, the applicant just indicates they would prefer
not to dredge those to maintain wave break protection for their island.
Regarding sediment transport modelling to determine borrow area infilling and character, the
VBHI application stated that the area met the criteria of being dynamic in a highly depositional
area and was sited to minimize biological impacts to resident and transient species and their
habitats. The data and studies concluding that the area will refill, the rate of refilling, and the
type of sediment that will fill into the borrow hole were not provided. This is critical to
understanding the extent of habitat impacts, corresponding fishery impacts, and cumulative
impacts on the integrity of Frying Pan Shoals. Similarly, no data was provided to support that the
project would not cause significant impacts to fishery species. We recognize that the applicant
has provided geotechnical information on the sediment characteristics of the shoal, and has
stated that they will monitor the borrow site to determine deposition rates immediately after
construction, annually for three years, and biennially after that. While this information is critical
for assessing long-term impacts of the projects, studies prior to the excavation are needed to
avoid and minimize impacts.
The ecological effect of degrading the integrity of Frying Pan Shoals is largely unknown. McNinch
and Wells (1999) noted that the cape shoals limit sediment exchange between adjacent
embayments and that much of the sand on the shoal is from longshore transport, generally north
to south. At Cape Lookout, McNinch and Luettich (2000) also found that a seaward directed tidal
flow leads to net sediment transport from the shoal to offshore. They conclude that the seaward
flow may also serve as a primary mechanism for exporting nearshore and estuarine waters
offshore. Both studies raise questions on how and at what rate the borrow area on the west
inshore side of the shoal would refill and what effect that would have on marine organisms. The
Bureau of Ocean Energy Management (BOEM) (Normandeau Associates Inc. 2014) provided a
literature synthesis on the habitat value and function of shoal complexes to fish and fisheries
that supports the high value of shoals to a diversity of species. However specific studies were
lacking for the cape shoals in North Carolina compared to other regions. The report summarizes
information and data gaps that remain to better understand the processes of the shoals and their
ecological function for fish and invertebrates, to aid in determining what extent sand could be
removed that will not disrupt physical or ecological processes.
The proposed application requests to remove a large amount of sand (188 acres, 2.5 mcy, 20 ft
deep) as Phase 1, with intentions to repeat dredging from the borrow area indefinitely on 9-10
year cycles. As proposed, this project would have significant adverse impacts to a unique habitat
that is critical for multiple commercial and recreational fisheries. There are numerous questions
remaining that need to be addressed before this project should go forward. Staff from BOEM are
currently planning to hold a workshop this fall to discuss the state of the science of Frying Pan
Shoals and how to move forward in addressing data gaps. Until then, the applicant has a viable
alternative, use of Jay Bird Shoals. The NCDMF therefore objects to this permit modification
request. Should the project be permitted, the NCDMF requests that the applicant be required to
monitor sediment deposition rates and composition, as well as monitor benthic invertebrate
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
3

composition and change to productivity. The project should be considered a one-time event
until all necessary research recommended by NCDMF and the 2020 BOEM workshop is
completed and reviewed.
Thank you for the opportunity to comment.
For any questions, contact Anne Deaton at [phone] or [e-mail]
Literature Cited
McNinch, J.E. and R. Luettich Jr. 2000. Physical processes around a cuspate foreland: implications to
the evolution and long-term maintenance of a cape -associated shoal. Continental Shelf
Research. 20(17), 2367-2389.
McNinch, J.E. and J.T. Wells. 1999. Sedimentary processes and depositional history of cape -
associated shoal, Cape Lookout, North Carolina. Marine Geology. 158: 233-252.
Normandeau Associates, Inc. 2014. Understanding the Habitat Value and Function of
Shoal/Ridge/Trough Complexes to Fish and Fisheries on the Atlantic and Gulf of Mexico
Outer Continental Shelf. Draft Literature Synthesis for the U.S. Dept. of the Interior, Bureau of
Ocean Energy Management. Contract # M12PS00031. 116 pp.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021
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