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HomeMy WebLinkAbout20151119 Ver 1_Other Agency Comments_20151123At- //- o y/ 0 T of •G � tP ST�7t S U� DEPARTMENT OF THE ARMY Wilmington District Corps of Engineers Regulatory Division 69 Darlington Avenue Wilmington, North Carolina 28403-1343 November 19, 2015 Wilmington Regulatory Field Office SAW -2015 -02235 -Port of Wilmington Turning Basin Dredge Roy E. Crabtree, Ph.D, Administrator Protected Resources Division Southeast Regional Office National Marine Fisheries Service 263 13' Avenue South St. Petersburg, Florida 33701 Dear Dr. Crabtree: Reference is made to a Department of the Army permit application submitted by the North Carolina State Ports Authority, to dredge approximately 100,000 cubic yards of material from the Cape Fear River in order to expand an existing turning basin. The project is located in waters of the United States, in Wilmington, New Hanover County, North Carolina. The proposed project has been assigned Action ED #SAW -2015-02235. Based on an evaluation of the project's design and location, and additional information (including biological evaluations, environmental reports, or other studies), the U.S. Army Corps of Engineers (Corps) has determined that this project may affect one or more federally protected species. Based on this preliminary may affect determination, the following information is provided to initiate consultation in accordance with 50CFR402.14 ©: A descriotion of the action being considered: The applicant proposes to conduct new dredging to -42'+2' depth and expand the turning basin from 1200-1400' to accommodate larger vessels at the facility. The applicant also proposes to reduce the length of the existing T -Head pier at Kinder Morgan by 200' and relocate the pier to the edge of the new turning basin. This project is located on the east bank of the Cape Fear River, at 1 Shipyard Boulevard, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.20998 N -77.95495 W. The project consists of new excavation of 1000' long by 320' wide area to a final project depth of -42'+2' at mean low water. This excavation will result in approximately 100,000 cubic yards of material removed by bucket and barge (mechanical dredge with turbidity curtains) and brought to Eagle Island (Corps Disposal Facility), where it will be re -fluidized to be pumped into Cell # 1. The dredge limits are proposed to taper at a 3:1 slope from the existing edge of shoreline westward to the Federal Navigation Channel (currently at -38' depth). The project also proposes to reduce the length of the existing loading platform pier, and relocate that structure (along with the mooring dolphins and breasting cells) to the edge of the shoreline. 2. A descriotion of the specific area that may be affected by the action: The dredge project location is on the east bank of the Cape Fear River. The Cape Fear River supports a small population of Atlantic and shortnose sturgeon. Substrate in the Wilmington Harbor anchorage and turning basins and within the dredging prisms of the terminal berths consist of silts, clays, and small -2— percentages of sands. A more robust description of the affected area is available in the attached Biological Assessment. 3. A description of any listed species and/or critical habitat, which may be affected by the proposed action: The Corps has determined the project may affect the following species and/or designated critical habitat that are managed by the National Marine Fisheries Service: Common Name Latin Name Listing Critical Habitat (CH) Designated in North Carolina Atlantic sturgeon (Acipenser Endangered NO oxyrinchus oxyrinchus) Shortnose (Acipenser Endangered NO sturgeon brevisostrum) 3. A description of the manner in which the action may affect any listed species and/or critical habitat, and an analvsis of anv cumulative effects: The Cape Fear River supports a small population of Atlantic and shortnose sturgeon. Recent acoustic monitoring (NCDENR 2013) documented the occurrence of 46 Atlantic sturgeon (26 tagged, balance too small for tagging) and one shortnose sturgeon. While the likelihood of their presence in the affected areas is thought to be quite rare, past monitoring and collection efforts demonstrate they may occur in the harbor during their annual migrations up and down river (personal communication, Chip Collier, NCDMF 2013). Only adult and juvenile life stages could occur within the affected area, as eggs and larvae would not be present due to high salinities and lack of appropriate spawning habitat. Dredging effects on sturgeon may include abrasion of gills from sediment suspension, a temporary loss of the benthic community food source within the dredging footprint, and degradation in the benthic foraging habitat down current due to the deposition of suspended sediment. 4. Relevant reports attached (including anv environmental impact statements, environmental assessments, bioloizical assessments, or other analyses prepared on the proposal): a. Biological Assessment 5. Any other relevant studies or other information available on the action, the affected listed species, and/or critical habitat: No other reports are provided. Based on the may affect determination for those species identified in #3, above, the Corps requests to initiate informal consultation pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended. In accordance with guidance provided in the Endangered Species Consultation Handbook, the Corps requests that you acknowledge this request, and advise whether there is any additional relevant data required to meet the requirements of 50 CFR §402.14(c), within 30 days of receipt of this request. Last, the Corps has determined that the project would have no effect on any other threatened or endangered species that are managed by the National Marine Fisheries Service, and/or will not modify their designated critical habitat. -3 - If you have any questions regarding this letter, please contact Mr. Tyler Crumbley at the letterhead address, by telephone at 910-251-4170, by fax at 910-251-4025, or by email at: tyler.crumbley@usace.army.mil. Sincerely, -{ate Scott C. McLendon Chief, Regulatory Division Enclosures: Biological assessment Copy Furnished (without enclosures): DWR, Wilmington/Raleigh DCM, Wilmington/Raleigh BIOLOGICAL ASSESSEMENT FOR SHORTNOSE AND ATLANTIC STURGEONS RELOCATION OF LIQUID BULK PIER AND WIDENING OF THE TURNING BASIN PORT OF WILMINGTON NORTH CAROLINA STATE PORTS AUTHORITY OCTOBER 2015 DIA.L., CORDY AND ASSOCIATES INC l.rn,irotime rul Ccxisulrams BIOLOGICAL ASSESSMENT FOR SHORTNOSE AND ATLANTIC STURGEONS RELOCATION OF LIQUID BULK TERMINAL AND WIDENING OF THE TURNING BASIN PORT OF WILMINGTON NORTH CAROLINA STATE PORTS AUTHORITY October 23, 2015 Prepared for: North Carolina State Ports Authority PO Box 9002 Wilmington, NC 28402 Prepared by: Dial Cordy and Associates Inc. 201 North Front Street, Suite 307 Wilmington, NC 28401 EXECUTIVE SUMMARY The primary purpose and need of the North Carolina State Port Authority (NCSPA) at the Port of Wilmington (POW) is to expand the present turning basin from 1,200 feet (ft) diameter to 1,400 ft diameter to meet larger vessels calling on the POW in 2016. In order to meet this need, the liquid bulk terminal pier, loading platform, and mooring dolphins will need to be relocated shoreward and approximately 8.53 acres of soft bottom habitat dredged to -42 ft. The Cape Fear River (CPR) supports a small population of Atlantic and shortnose sturgeons. Recent acoustic monitoring (North Carolina Department of Environment and Natural Resources 2013) documented the occurrence of 46 Atlantic sturgeons (26 tagged, balance too small for tagging) and one shortnose sturgeon. While the likelihood of their presence in the affected areas is thought to be quite rare, past monitoring and collection efforts demonstrate. they may occur in the harbor during their annual migrations up and down river (Personal communication, Chip Collier, North Carolina Division of Marine Fisheries 2013). Only adult and juvenile life stages could occur within the affected area, as eggs and larvae would not be present due to high salinities and lack of appropriate spawning habitat. Dredging effects on sturgeons may include abrasion of gills from sediment suspension, a temporary loss of the benthic community food source within the dredging footprint, and degradation in the benthic foraging habitat down current due to the deposition of suspended sediment. The severity of the biological effect of water quality changes on sturgeons depends upon the exposure magnitude, frequency, and duration for those parameters considered, as well as the species adapted tolerance. Proposed mechanical dredging for the turning basin widening will result in the conversion of about 8.53 acres of mud bottom habitat, which ranges in depth from 5 to 20 feet (ft) mean low water (MLW), to a navigable depth of -42 ft MLW. Sturgeon species likely use the project area and vicinity for feeding, resting, and as a potential pathway to upstream spawning areas (Moser and Ross 1993, Moser et al.1998). Other more recent tagging studies and monitoring by NCDMF further confirm the presence of sturgeons within the river near the port terminals (NCDENR 2013) The proposed dredging area likely provides limited value as a forage area since the berthing area is dredged for maintenance on an annual basis and the adjacent shallow areas are greatly influenced by vessel movements, port operations, stormwater discharges etc. Recovery of benthic resources would likely require between six months and one year. Therefore, it is expected that the area will provide low value for benthic forage with or without the proposed deepening. The shallow habitat likely has a more diverse benthic community than what the recovered future benthic community will be like at -42 ft MLW following dredging. While this may represent a loss of potential foraging habitat for sturgeons, it is important to note that there is 37,800 acres of shallow water soft bottom habitat (<6 ft deep) and 188,549 acres of deeper soft bottom habitat ( >6 ft. deep) available for foraging within the CFR southern estuary (Deaton, 2010). The area of proposed deepening accounts for 0.02 percent (%) of available shallow water foraging habitat within the lower CFR. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 Mechanical dredging through use of a clamshell bucket dredge will result in elevated total suspended solids and turbidity levels for a short duration during dredging ranging from 5 to 6 months. Due to the small footprint during clamshell operations and because of tidal effects and the dynamic nature of sediment plumes, significant turbidity plumes are not anticipated. Dredging is not expected to result in depressed dissolved oxygen (DO) levels during dredging most of the year, other than during the late summer/early fall when water temperatures are higher and DO lower (Mallin 2013). DO levels during the 1999 monitoring of agitation dredging at the POW were not depressed and did not go below 5 mg/I or show any correlation to temperature or turbidity (NCDENR 2009 and LAW 1999). Maintaining the anadromous fish in - water construction moratorium from February 1 through September 30 of each year helps ensure that the potential summer DO sag is not further depressed by hydraulic dredging and thereby adversely affecting the behavior or health of sturgeons. Clamshell bucket dredging is allowable year round due to its potentially less adverse effect as compared to cutterhead hydraulic dredging. The NCSPA has offered the following conservation/mitigation measures to compensate for unavoidable effects and potential foraging habitat loss associated with the proposed project and to avoid or minimize effects on sturgeon species. These measures include conveyance of a conservation easement on 13.4 acres of coastal marsh habitat present on property owned by the NCSPA since 1965 and payment of $750,000 towards planning, permitting and design of the Lock and Dam #2 Fish Passage on the CFR. Along with the funds appropriated by the NC State legislature this past session, this will allow for completion of all services needed to develop the fish passage project into a "shovel ready" project within two years. The latter measure is only proposed if this project can be fully permitted and approved by all parties, including an informal Section 7 consultation letter from the NMFS in less than 90 days from the initial date of application (October 16, 2015) Conservation measures to avoid and or minimize additional effects on managed and associated species within their associated EFH in the project area includes the following: • Turbidity booms will be deployed around dredging and pumping operations at all times to minimize movement of suspended sediments and turbidity. • Turbidity booms will be monitored by the POW to ensure compliance with the above requirement. • The POW will establish a goal of maximizing dredging during falling tides if the project can be constructed by June 30, 2016 without dredging during rising tides. • Best management practices will be used throughout construction to minimize turbidity and any indirect effects on managed and associated species. • Observers will maintain watch on the dredge for sturgeons. Based on the information presented in this biological assessment, dredging 8.53 acres inshore of the existing Kinder Morgan Liguid Bulk Facility for widening of the turning basin and relocating associated structures closer to shore, may affect, but is not likely to adversely affect both species of sturgeons. This also applies to mechanical dredging through use of clamshell/bucket dredge, as has been allowable with existing maintenance dredging permits for both the POW and private terminals. Conservation measures as proposed herein shall be implemented consistent with the term presented. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 TABLE OF CONTENTS Page EXECUTIVE SUMMARY.............................................................................................................. II LISTOF TABLES..........................................................................................................................V LISTOF FIGURES.......................................................................................................................V 1.0 PROPOSED ACTION.........................................................................................................1 1.1 Construction Methods.....................................................................................................1 1.2 Summary of Authorized Maintenance Dredging Activity................................................5 2.0 STATUS OF SHORTNOSE AND ATLANTIC STURGEONS IN THE CAPE Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 iv FEARRIVER...................................................................................................................... 6 2.1 Status, Distribution, and Habitat.....................................................................................6 2.2 Threats...........................................................................................................................8 2.2.1 Occurrence in the Project Area...............................................................................8 3.0 HABITAT IN ACTION AREA.............................................................................................14 4.0 EFFECTS ON SHORTNOSE AND ATLANTIC STURGEONS........................................15 4.1 Project Effects on Suspended Sediments....................................................................15 4.2 Project Effects on Dissolved Oxygen...........................................................................16 4.3 Dredging Effects on Sturgeons.....................................................................................16 4.4 Cape Fear River Sturgeon Vulnerability.......................................................................17 4.5 Water Quality Effects on Sturgeons.............................................................................18 4.6 Foraging Habitat Loss Effects on Sturgeons................................................................23 4.7 Temporary Water Quality Effects on Sturgeons...........................................................23 4.8 Temporary Effects on Sturgeons' Foraging Habitat.....................................................23 5.0 CONCLUSIONS............................................................................................................... 24 6.0 CONSERVATION MEASURES........................................................................................25 7.0 EFFECTS DETERMINATION...........................................................................................27 8.0 REFERENCES.........................................................................;....................................... 27 Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 iv LIST OF TABLES Page Table 1. Emigration and return dates for Atlantic Sturgeons implanted with sonic tags in the Cape Fear River......................................................................................13 Table 2. Sturgeons collected, including original tagging location and recapture location, from the Cape Fear River Vemco Array, January 2013 through June2013..................................................................................................................14 Table 3. Port of Wilmington sediment characterization..............................................................14 Table 4. Vulnerability to dredging by season for sturgeons and striped bass ............................18 Table 5. Summary of TSS and Field Turbidity for Station M61 ..................................................21 LIST OF FIGURES Page Figure 1. Location Map of Turning Basin Widening Project.........................................................2 Figure 2. Existing and Proposed Plan View for Proposed Turning Basin Widening .................... 3 Figure 3. Profile View for Proposed Turning Basin Widening......................................................4 Figure 4. Photograph of Mechanical Dredging............................................................................ 5 Figure 5. Anadromous Fish Spawning Areas within the Cape Fear River.................................10 Figure 6. Cape Fear River, Anadromous Fish Spawning Areas................................................11 Figure 7. Locations of Vemco receivers deployed in the Cape Fear River, NC, June2013................................................................................................................12 Figure 8. Dissolved Oxygen and Temperature Data at Station M61 .........................................19 Figure 9. Dissolved Oxygen at the Lower Cape Fear River Program Mainstem Stations, 1995-2011 and 2012.................................................................................20 Figure 10. Field Turbidity at the Lower Cape Fear River Program Mainstem Stations, 1995-2011 and 2012.................................................................................21 Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 v 1.0 PROPOSED ACTION The primary purpose and need of the North Carolina State Port Authority (NCSPA) at the Port of Wilmington (POW) is to expand the present turning basin from 1,200 feet (ft) diameter to 1,400 ft diameter to meet larger vessels calling on the POW in 2016. In order to meet this need, the liquid bulk terminal pier, loading platform, and mooring dolphins will need to be relocated shoreward and approximately 8.53 acres of soft bottom habitat dredged to -42 ft. The POW, North Carolina (NC), has operated on the Cape Fear River (CFR) for 70 years, first serving bulk and breakbulk vessels, and then container vessels as that operating model became prevalent for many types of cargoes. The NCSPA has served containers vessels for over 30 years, and has served vessels in the Panamax class for more than 10 years. These are vessels with lengths of up to 965 ft, which are the maximum length allowable in the locks of the Panama Canal, which are 1,000 ft long (usable length) and 110 ft wide. The ongoing Panama Canal Expansion project is due to be complete in 2016, and the new locks will be 1,400 ft long by 180 ft wide. Ocean carriers will take immediate advantage of the enlarged canal locks by deploying larger vessels, particularly from Asia to the United States East Coast (USEC), which is a large part of the NCSPA business volume, as it is for many of the other ports on the USEC. It is vital for the NCSPA to remain competitive, providing benefits to the state and the nation, by enlarging the turning basin at the north end of the docks in Wilmington. The existing 1,200 -foot wide basin is inadequate for the vessel deployments of the expanded Panama Canal. An NCSPA-owned liquid bulk pier is located on the east side of the turning basin. Relocating the pier eastward, closer to the existing shoreline, and dredging in front of the relocated pier will allow for a new turning basin diameter of 1,400 ft. The NCSPA has confirmed that the authorized project depth of the CFR, -42 ft mean lower low water (MLLW), is acceptable for the larger ships that are expected to call at the POW, at least in the near term. In addition, the dock structures and the ship -to -shore cranes that exist at the POW are adequately sized to receive the larger vessels that will begin to deploy in 2016. Therefore, the existing diameter of the turning basin is the only impediment to receiving the vessels that will certainly begin to deploy in 2016. Failure to being able to service these vessels through constructing a 1,400 ft diameter basin could have a severe economic impact on the POW and State of NC as early as next fall. 1.1 Construction Methods The proposed project includes mechanical dredging of sediment (barge -mounted crane equipped with an environmental bucket or a long reach excavator boom) from the berthing area while vessels are not present, followed by dredging of the balance of the widening area (8.53 acres) east of the present pier and loading platform (Figures 1-4). The mooring dolphins and loading platform of the liquid bulk pier will be removed and new ones constructed +/-180 ft east of their present location. Dredged material will be placed in scows, transferred across the river, Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 Figure 1. Location Map of Turning Basin Widening Project Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 o 1-4 ?I- /-'-.,IDEPARTUENT Or EWNECRINC MOCIL ji Figure 2. Existing and Proposed Plan View for Proposed Turning Basin Widening Biological Assessment for Shortnoaeand Atlantic Sturgeons Relocation ofLiquid Bulk Pier and Widening ufthe Turning Basin C] j Dial Cordy and Associates Inc. October 2015 M { s. c...Y.•. •,. _:,..moi.•. v v Figure 3. Profile View for Proposed Turning Basin Widening Biological Assessment for Shortnose and Atlantic Sturgeons Relocation of Liquid Bulk Pier and Widening of the Turning Basin 4 -- — r r run Nn Dial Cordy and Associates Inc. October 2015 Figure 4. Photograph of Mechanical Dredging re -fluidized and hydraulically pumped into the Eagle Island Contained Disposal Facility (CDF). The estimated quantity of sediments be dredged is 300,000 cubic yards (cy), of which a majority are associated with dredging sediment from an existing elevation of -5 ft mean low water (MLW) to -44 ft MLW (Figure 3), with an average present depth of -20 ft MLW when including side - slopes. Construction is estimated to take five -to -six months to complete with a projected completion date of 30 June 2016 in order to meet larger vessel calls anticipated mid to late summer of next year. A variance for dredging in designated Primary Nursery Areas will be required from the North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Division of Environment and Natural Resources (NCDENR). A summary of more construction details can be found in Appendix A. 1.2 Summary of Authorized Maintenance Dredging Activity The NCSPA North Carolina Division of Coastal Management (NCDCM) Major Permit #47-78 (expiration date 12/31/18) addressing maintenance dredging has been modified a number of times since it was issued for allowing agitation dredging. Maintenance dredging of the POW harbor and turning basin annually by the Wilmington District United States Army Corps of Engineers (USACE) is on average one million cubic yards. Supplemental dredging by the dredging contractor for the NCSPA averaged 31,000 cy between 2007 and 2012. Agitation dredging by the NCSPA averages 8,500 cy per year. The other private terminals are also authorized to.conduct agitation dredging annually during the allowable environmental window. A large hydraulic cutterhead dredge, contracted by the USACE, is used annually for maintenance dredging of the harbor and turning basin. This includes annual dredging of quays/berths of the NCSPA and if time allows, contracted dredging of the private terminals. Disposal has historically been to the Eagles Island disposal area west of the POW. Both clamshell dredging and hydraulic cutterhead dredging are typically employed for new construction or berth dredging. However, these methods are also included in the maintenance dredging permits to allow for some flexibility in the use of the most cost effective method. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 2.0 STATUS OF SHORTNOSE AND ATLANTIC STURGEONS IN THE CAPE FEAR RIVER 2.1 Status, Distribution, and Habitat Shortnose Sturgeon The most recent population estimate of shortnose sturgeons in the CFR is less than 50 individuals, based on analysis of tag/re-capture data by the Shortnose Sturgeon Recovery Team in 1995 (Personal communication, Mary Moser, 2013). The shortnose sturgeon was listed as endangered throughout its range in 1967 under the Endangered Species Preservation Act of 1966 (a predecessor to the Endangered Species Act). The National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) later assumed jurisdiction for shortnose sturgeon under a 1974 government reorganization plan (38 FR 41370). No harvest or bycatch of shortnose sturgeon is allowed in state or federal waters. A fishing moratorium has been in place in state waters since 1991 for shortnose sturgeon. The shortnose sturgeon inhabits large Atlantic coast rivers from the St. Johns River in northeastern Florida to the Saint John River in New Brunswick, Canada. Shortnose sturgeons occur primarily in slower moving rivers or nearshore estuaries associated with large river systems. Adults in southern rivers are estuarine anadromous, foraging at the freshwater - saltwater interface and moving upstream to spawn in the early spring. Shortnose sturgeons spend most of their life in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the freshwater -saltwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and move downstream during the winter, with movements occurring above the freshwater -saltwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. Shortnose sturgeons are benthic omnivores, feeding on crustaceans, insect larvae, worms, and mollusks. Juveniles randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). Hall et al. (1991), Collins et al. (2001), the NCDENR, and the NCDMF (2013) used and are currently using telemetry studies to characterize the movements and habitats of the shortnose sturgeons in the Savannah and Cape Fear Rivers. According to Hall et al. (1991), spawning migrations in the Savannah River began in late January and continued through March. Spawning occurred above river kilometer (rkm) 161, and spawning fish were found to occupy the main channel in river bends where water velocity was high. Spawning areas were characterized by submerged timber with scoured sand, clay, and gravel substrate. Outside banks of the spawning areas were subject to continuous scouring, which prevented sediment accumulation. Maximum depths in the spawning areas ranged from 26 to 29 ft, and current velocities ranged from 1.7 to 3.4 ft/second at the surface, with an average bottom velocity of 2.6 ft/second. After spawning, fish moved downstream and returned to brackish water within two Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 N weeks of spawning. Data indicated that most or all sturgeons left the freshwater reaches of the river by early May. The freshwater -saltwater interface was identified as an apparent feeding ground for sturgeons, and sturgeons were found to occupy specific locations at rkm 39.6, rkm 36, and rkm 35.7 for extended periods (four to eight months). Depths in the feeding areas ranged from 20 to 35 ft, and salinities ranged from zero to six parts per thousand (ppt) depending on tidal stage. Foraging habitat substrate consisted of coarse sand and small gravel with some mud. Collins et al. (2001) provided additional insight into seasonal movements by adults and juveniles in the Savannah River. Adults and juveniles migrated downstream when water temperatures dropped below 71.6 degrees Fahrenheit (°F) and upstream when temperatures rose above 71.6°F. During warmer months, adults and juveniles were concentrated in a segment of the river between rkm 46.5 and rkm 47.5. During cooler months, adults and juveniles occupied the area between rkm 34.3 and rkm 31.3 in the Front and Middle rivers. During this period, juveniles were concentrated in a small, deep area just inside the mouth of the Middle River.. Habitat selection was apparently based on dissolved oxygen (DO), temperature, and salinity, and did not appear to be associated with substrate type. Mean salinities in the areas where juvenile shortnose sturgeons were found ranged from 1.4 ppt in the spring to 5.4 ppt in the winter. DO levels at the juvenile sites ranged from 6.36 parts per million (ppm) in the summer to 8.36 ppm in the winter. Mean salinities in the areas where adult shortnose sturgeons were found ranged from 0.3 ppt in the summer to 8.6 ppt in the winter. DO levels at the adult sites ranged from 6.45 ppm in the fall to 8.6 ppm in the winter. Atlantic Sturgeon The Atlantic sturgeon population in the CFR is suspected to be less than 300 spawning adults [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. The harvest of Atlantic sturgeons has been banned in state and federal waters since 1991. However, the Atlantic States Marine Fisheries Commission (ASMFC) has recognized that fishery management measures alone cannot sustain stocks of migratory fish species if sufficient quantity and quality of habitat is not available (ASMFC 1999). On 6 February 2012, the NOAA's NMFS listed the Carolina distinct population segment of Atlantic sturgeons as endangered under the Endangered Species Act, an action that triggers several additional conservation measures by federal and state agencies, private groups, and individuals (77 FR 5914). The historic range of the Atlantic sturgeons included estuarine and riverine systems from Labrador, Canada to the Saint Johns River in Florida. The historical distribution in the United States included approximately 38 rivers from Saint Croix River in Maine to the Saint Johns River in Florida, including spawning populations in at least 35 rivers. The current distribution in the United States includes 35 rivers, with spawning known to occur in at least 20 rivers. Atlantic sturgeons spawn in freshwater, but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer. A fall spawning migration may also occur in some southern rivers. Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juvenile sturgeons move downstream into brackish waters, and eventually move to estuarine waters where they reside for a period of months or years. Subadult and adult Atlantic sturgeons emigrate from Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 7 rivers into coastal waters, where they may undertake long range migrations. Migratory subadult and adult sturgeons are typically found in shallow (33-164 ft) nearshore waters with gravel and sand substrates. Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn (ASSRT 2007). Critical Habitat No critical habitat has been designated for the shortnose sturgeon or the Atlantic sturgeon. 2.2 Threats Historical overharvesting contributed to drastic declines in shortnose and Atlantic sturgeon populations. Commercial exploitation of shortnose sturgeons continued into the 1950s, and Atlantic sturgeons were commercially exploited throughout most of the 20th century (NMFS 1998, ASSRT 2007). Although directed commercial harvest is no longer permitted, by -catch mortality associated with other fisheries remains a major threat. By -catch mortality associated with the shad and shrimp fisheries and water quality degradation in nursery habitats are the primary threats currently facing southeastern sturgeon populations (Collins et al. 2000). Additional threats include dams, ship strikes, water withdrawal intake structures, and dredging (NMFS 1998, ASSRT 2007). Threats associated with dams include hydrological modifications, water quality degradation, and restriction of access to spawning and nursery areas. Ship strikes resulting in mortality are common. Most strikes have been attributed to large ocean going vessels, and most documented strikes have involved adult sturgeons. Sturgeons are susceptible to impingement and entrainment in water withdrawal intake structures associated with municipal water supply systems, power plants, and commercial facilities. Potential dredging effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, contaminant resuspension, and entrainment in the dredge intake pipeline. 2.2.1 Occurrence in the Project Area Shortnose sturgeons were thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989- 1993) resulted in the capture of five shortnose sturgeons, thus confirming the presence of a small population in the lower CFR (Moser and Ross 1995). In 1998, the NCDMF reported the capture of a shortnose sturgeon in western Albemarle Sound (Armstrong and Hightower 1999). Surreys in the Neuse River during 2001 and 2002 failed to capture any shortnose sturgeons (Oakley and Hightower 2007). Additional surveys have and are being performed annually in the Roanoke, Chowan, and Cape Fear River basins (NMFS 2010). It is unclear whether the lack of records from most North Carolina rivers is due to low abundance or the lack of directed survey effort. Atlantic sturgeons were historically abundant in most NC coastal rivers and estuaries. Populations are currently known from the Roanoke, Tar -Pamlico, Neuse, and Cape Fear River systems. Spawning is known to occur in the Roanoke, Tar -Pamlico, and Cape Fear River systems; and possibly in the Neuse River (ASSRT 2007). Laney et al. (2007) analyzed Atlantic sturgeon incidental capture data from winter tagging cruises off the NC and Virginia coasts. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 N Cruises conducted in nearshore ocean waters from Cape Lookout to Cape Charles, Virginia captured 146 Atlantic sturgeons between 1988 and 2006. Captures typically occurred over sand substrate in nearshore waters that were less than 59 ft deep. Laney et al. concluded that shallow nearshore waters off NC represent a winter (January -February) aggregation site and an important area of winter habitat for Atlantic sturgeons. Anadromous fish species' potential spawning areas, as designated by the State of NC within the CFR system and near the NCSPA, are shown in Figures 5 and 6. Historic spawning grounds for both sturgeon species are above Lock and Dam #3 on the CFR (NCDMF 2011, Anadromous Fish Spawning Area Maps). Only adult and juvenile life stages of the two sturgeon species may occur near the POW, predominately as adults migrate up and back down the river on their annual spawning run. The NCDMF captured Atlantic and shortnose sturgeons during upstream migration in late -winter and early -spring of 2013 (NCDENR 2013). Following netting prior to spawn using sinking monofilament gill or trammel nets, telemetry tags were surgically implanted into captured individuals of both species. Vemco receivers were deployed in a passive array to relocate sturgeons within the CFR (Figure 7). Sturgeons were targeted using gillnets in the Brunswick River on 30 different events from January to June 2013. The average and range of water temperature, salinity, and DO during the sampling periods were 15.3 degrees Celsius (°C) (7.7°C to 21.5°C), 1.8 ppt (0.1 ppt to 4.6 ppt), and 9.9 milligram/liter (mg/L) (7.9 mg/L to 10.4 mg/L.), respectively. During the study, 40 Atlantic sturgeons were captured, including four recaptures of fish which had previously been tagged during recent years (NCDENR 2013). Twenty-six of the Atlantic sturgeons were large enough to be implanted with sonic tags. Two of the recaptured Atlantic sturgeons .had sonic tags from their initial capture. One of the recaptured fish, initially tagged March 21, 2011, showed no evidence or scarring from the prior surgery. Over the period this fish was tagged (718 days), it had grown 227 millimeters (mm) FL and gained approximately 4.5 kilograms (kg). The other previously implanted fish had only been at large for 25 days. By January 2013, 14 Atlantic sturgeons tagged in 2011, and 12 tagged in 2012 had emigrated from the CFR, with few sturgeons detected remaining within the system through February. A majority of the tagged Atlantic sturgeons (73%, 26 fish) which left the system in 2012 had returned to the CFR by June 2013 (Table 1), with most of the returns occurring during April. As of February 2013, 42 Atlantic sturgeons and one shortnose with sonic tags remain active within the CFR system. Active spawning migration runs were noted during the past two years for a few tagged fish. One Atlantic sturgeon, which was previously captured and tagged as a running ripe male on 22 February 2012 migrating up the main stem of the CFR, was detected during 2013 migrating up the northeast branch of the CFR. First detected at the mouth of the CFR on 16 February 2013, this fish had migrated approximately 100 kilometers (km) up the Northeast VGT over the course of the following 30 days. This fish then was detected over a 20km stretch between rkm 100 and 80 as observed in the previous year and was no longer in the river system after April. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 0 _L — Figure 6. Cape Fear River, Anadromous Fish Spawning Areas Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 11 Source: NCDENR 2013 Figure 7. Locations of Vemco receivers deployed in the Cape Fear River, NC, June 2013 Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 12 Table 1. Emigration and return dates for Atlantic Sturgeons implanted with sonic tags in the Cape Fear River. Capture/Release FL Sonic ID Date Date Returned Days at Large Outside Date (mm) Emigrated Cape Fear River 10/11/2012 958 29704 11/20/2012 3/26/2013 126 3/30/2012 1146 29705 11/5/2012 5/1/2013 177 10/11/2012 934 29706 11/14/2012 4/18/2013 155 9/20/2012 1015 29707 10/28/2012 5/4/2013 188 3/30/2012 1265 29716 10/30/2012 4/21/2013 173 6/11/2012 975 29717 11/2/2012 5/24/2012 951 29718 10/24/2012 10/24/2012 1021 29723 11/19/2012 4/27/2013 159 9/27/2011 793 45122 11/2/2012 4/28/2013 177 10/4/2011 909 45126 11/6/2012 4/26/2013 171 10/4/2011 962 45127 10/25/2012 3/29/2013 155 2/22/2012 1970 45129 4/13/2012 2/15/2013 308 2/21/2012 960 45131 3/27/2012 3/28/2012 1102 45132 11/23/2012 3/28/2012 981 45133 11/12/2012 4/20/2013 159 4/15/2011 931 45154 11/1/2012 4/28/2013 178 3/30/2011 668 45155 12/1/2012 2/21/2013 82 3/31/2011 683 45156 11/1/2012 4/30/2013 180 4/19/2011 1030 45157 11/4/2012 5/6/2013 183 4/27/2011 1025 45158 11/5/2012 5/6/2013 182 4/6/2011 825 45161 11/18/2012 4/22/2013 155 5/18/2011 780 45162 3/20/2012 5/25/2011 891 45167 10/30/2012 9/21/2011 1105 45173 10/19/2012 6/12/2013 236 9/21/2011 784 45174 10/31/2012 9/22/2011 1110 45176 10/24/2012 4/18/2013 176 Source: NCDENR 2013 The shortnose sturgeons which remained in the system from previous years, continued to occur within the same stretch of river between the mouth of the Black River and upper entrance to the Brunswick River, with a run up to Lock and Dam #1 in March and back down in April to its typical range. To date, six Atlantic sturgeons tagged outside of NC have been detected in the CFR (Table 2). Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 13 Table 2. Sturgeons collected, including original tagging location and recapture location, from the Cape Fear River Vemco Array, January 2013 through June 2013. Species Released Detection Number of Number of Number of Location Location Unique Detections Receivers Individuals Atlantic Cape Fear Throughout 46 215,321 18 Sturgeon River, NC Cape Fear System Atlantic Atlantic Coast, Throughout 4 1,216 13 Sturgeon DE Cape Fear System Atlantic Long Island Lower Cape 1 93 4 Sturgeon Sound, CT Fear River Atlantic Altamaha River, Lower and 1 486 8 Sturgeon GA Northeast Cape Fear Shortnose Cape Fear Lower and 1 34,264 10 Sturgeon River, NC Upper Cape Fear River 159 591,584 21 Different Receivers Source: NCDENR 2013 3.0 HABITAT IN ACTION AREA Both species of sturgeon primarily forage on benthic invertebrates such as polychaetes, amphipods, bivalves, isopods, insects, and other crustaceans (Collins and Rourk 2008). Their preferential foraging habitat is unconsolidated substrates including sand and gravel, which often contain amphipods, small clams, polychaetes and oligochaete worms and insect larvae. Substrate in the Wilmington Harbor anchorage basin and within the dredging prisms of the terminal berths are similar, consisting of silts, clays, and small percentages of sands [Anamar Environmental Consulting, Inc. (Anamar) 2010, Table 3]. Sediment data from the proposed dredging area is limited; however, it is anticipated that grain -size distribution and the percent of fine fraction to be similar to those characterized within the Wilmington Harbor. Table 3. Port of Wilmington sediment characterization. Sediment Type Gravel Sand Silt Clay Sediment Gradation (millimeters) Particles z 4.75 Particles >_ 0.075 but <_ 4.75 Particles <_ 0.075 Particles <_ 0.075 POW Sediment M 0.0 4.3 54.7 41.0 Source: Anamar 2010 Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 14 Of the sediment tested within the Wilmington Harbor, the NCSPA terminal material had the highest percentage of silt and clay at 54.7% and 41.0%, respectively, with 4.3% sand (Anamar 2010). The primary factors affecting the estuarine benthic community species occurrence, distribution and abundance includes sediment grain -size and organic content, sediment depositional rates, DO and salinity. Mallin et.al. (2000) described the infaunal benthic diversity and richness as constant, as sampled over a four-year period downstream of downtown Wilmington and the POW. These samples were dominated by a variety of taxa, including oligochaetes and amphipods (Gammarus, Lembos, and Monoculodes spp.) and by polychaetes (Maranzellaria, Mediomastus, and Streblospio spp.). These taxa were considered relatively opportunistic species typical of oligohaline to mesohaline areas. These species are considered proficient at recovering from bottom disturbances. Epibenthic species living on the sediment generally include gastropods, amphipods, and some insect larvae (Mallin et.al. 2000). Although no direct benthic sampling has been conducted directly within the action area, it is highly likely that the benthic community includes species commonly preyed upon by sturgeons. Due to the consistent level of vessel activity and annual dredging at the NCSPA terminals, the benthic foraging habitat in these areas is probably significantly less diverse and abundant than reported by Mallin et al (2000) downstream of the port, even when considering the rapid rate of recovery to disturbances by these opportunistic species common to this soft bottom habitat. 4.0 EFFECTS ON SHORTNOSE AND ATLANTIC STURGEONS This section includes a discussion of known or probable effects of the proposed dredging methods on water quality, and the potential effects of dredging on sturgeon migration and foraging within the action area. Relocation of the piers, platforms, and dolphins will not result in any adverse impacts on sturgeon. Proposed dredging may have localized water quality effects on the estuarine water column during the short periods of time dredging occurs, including re- suspension of sediments and depression of DO concentrations near the bottom. The biological effect of these changes is more dependent upon the exposure, frequency and duration of the events and in part on temperature and salinity in the water column. Since dredging would occur within a short period of time (5-6 months from January to June 2016), the negative effects on water quality would likely be minimal. Since relocation of the pier, platform and mooring dolphins will not likely result in any negative effect on sturgeon foraging or migration patterns, only effects of dredging are discussed below. 4.1 Project Effects on Suspended Sediments The proposed action will have temporary effects from dredging on suspended sediment concentrations within the water column immediately above the bottom over the dredged area and within a plume downstream of the dredging activity for the 5-6 month project duration. Effects of clamshell/bucket dredging on suspended sediment loading are described below. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 15 Dredging is proposed to be accomplished through use of a clamshell/bucket dredge, transported by scow across the river and slurried to the CDF located on Eagle Island. Clamshell or mechanical dredging and its effects on water quality have been discussed in USACE (1983, 2008), Collins (1995), Barnard (1978), Hayes (1986), NMFS (1998, 2010) and Collins et al (2001). In general, this type of dredging generates a higher concentration of suspended material in the water column than by a hydraulic cutterhead dredge at the excavation location. Suspended sediment concentrations from clamshell dredging are more similar or slightly higher than that caused by I-beam agitation dredging; however, clamshell dredging results in a higher level of suspended sediments at or near the water surface than observed from I—beam dredging [Applied Technology and Management (ATM) 2002]. Total suspended solids (TSS) levels from clamshell dredging are similar to the natural TSS levels observed during spring tide events, but far less than would be observed following storm events. Depth averaged TSS concentrations at the dredge site were estimated to be 50 to 500 mg/I by Collins et al (2001). Increases in TSS during clamshell dredging are considered to be intermittent as the bucket moves through the water column. Re -suspended sediment concentrations of several hundred per liter in the water column close to the bucket as it dredges are quite common and are reduced close to background levels within several hundred feet of the point of operation. 4.2 Project Effects on Dissolved Oxygen Mechanical dredging is not likely to result in a significant lowering of DO levels during construction within the action area. The vertical and horizontal mixing of bottom anoxic water during dredging likely raises the DO level within the plume, thereby maintaining DO levels above the state standard of 5.0 mg/I. Law Engineering and Environmental Services, Inc. (LAW) (1998, 1999a -f) implemented 11 water quality monitoring efforts associated with pre-, during-, and post -agitation dredging events from July 1998 to August 1999. The surface, mid -column, and bottom water quality sampling for turbidity, DO, and temperature indicated spatial and temporal variations in the immediate downstream vicinity of an active agitation dredging operation and at one berth downstream (approximately 800 ft) of the operation. The monitoring further revealed no substantial changes in temperature or DO as a result of the agitation (LAW 1999a -f). While the applicant is proposing mechanical dredging, this was the only recent on-site monitoring performed. It is expected, however, that the DO levels at the new dredged depth of - 42 ft will be substantially lower than presently found in the action area. In addition, while dredging will take 5-6 months to complete, the actual area of shallow water dredging is relatively small compared to the total area of shallow water soft bottom habitat present in the CFR southern estuary. In the event 4.3 Dredging Effects on Sturgeons A synopsis on the effects of dredging on sturgeons in the Savannah River for the Georgia Port Authority maintenance dredging program is provided in a Biological Assessment prepared by MG Associates (MGA) (2012) and by NOAA's northeastern office (NMFS 2011) for proposed dredging in the Kennebec River. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 16 Hydraulic or hopper dredging can lethally take sturgeons by entrainment in the dredge drag arms and impeller pumps (McCord 2005, NMFS 1998, 2011). Mechanical dredges, such as clamshell dredges, have been documented to take shortnose sturgeons (Dickerson 2006). Indirect effects on sturgeons from mechanical and hydraulic dredging include a temporal loss of benthic organisms in benthic feeding areas, alteration of spawning migrations, and episodic deposition of re -suspended sediments in spawning habitat (NMFS 1998). McCord (2005) further evaluated the risks from dredging on sturgeons to also include reduced prey availability, increased turbidity and localized reduction in DO, and increased bioavailability of contaminants bound in the sediments. In a Biological Opinion prepared by the NMFS for proposed dredging in the Kennebec River, they cited similar conclusions as McCord (2005) on potential adverse effects, but downplayed the effects of burial of prey and sediment suspension on shortnose sturgeons (NMFS 2011). Due to the high mobility of sturgeons, it is very unlikely that large numbers of adult or juvenile sturgeons would be hit by a cutterhead (USACE 2010). Sturgeons are known to avoid dredging operations, as Hatlin et al (2007) found following sampling Atlantic sturgeons before and after dredging operations. NMFS (2011) concluded on the Kennebec River where entrainment of sturgeons has been observed that the effect is minor and not a significant threat to the species. The proposed mechanical dredging method for the POW action area involves considerable less risk than hopper or hydraulic dredging. Since 1990, there have been only five shortnose sturgeons taken by hydraulic cutterhead dredges, as noted in the EIS for Savannah Harbor deepening (USACE 2010). In addition, there has been no incidental take of either sturgeon species documented within the South Atlantic Division as a result of hydraulic cutterhead dredging. Clamshell dredging, which may on occasion be used, has been found to be less harmful than either hydraulic or hopper dredging with no recorded incidental takes of sturgeons in the South Atlantic District by clamshell since 1990 USACE (2010) (note one sturgeon was found killed by entanglement in a net during the dredging operations, rather than by the dredge). 4.4 Cape Fear River Sturgeon Vulnerability Assessing the risk of dredging to sturgeons involves knowing the likelihood of their presence in the CFR near or adjacent to where dredging is proposed to be performed. As discussed above, the NCDMF sturgeon monitoring efforts have included the capture and implanting of Vemco telemetry tags into Atlantic and shortnose sturgeons during upstream migration in late -winter and early -spring and subsequent monitoring through June. A passive array of Vemco receivers were deployed and used to relocate sturgeons within the CFR (Figure 7). The habitat used by these individuals at different times of the year were described through water quality measurements, and depth and substrate profiles. As the salinity in the POW harbor affected area is too high to support eggs and larvae as well as a lack of suitable spawning habitat, only juveniles and adults are a concern. Table 4 summarizes the seasonal occurrence of sturgeons based on the presence and vulnerable life stage within the affected area based on discussions with Chip Collier and Joe Facendola of NCDMF (Personal communication December 2013). Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 17 Table 4. Vulnerability to dredging by season for sturgeons and striped bass. Vulnerable Jan Feb I Mar (' Apr I May I Jun I Jul Species Shortnose sturgeon Atlantic sturgeon Notes: White signifies low occurrence and vulnerability, gray: vulnerability, dark blue: high level of occurrence and vulnerability Aug Sep Oct Nov Dec medium level of occurrence and The CFR once supported thriving stocks of migratory fish including American shad, sturgeon and striped bass (Earll 1887; Chestnut and Davis 1975). Migratory fish populations within the CFR have declined substantially over the past two centuries (Smith and Hightower 2012). Based on this fact, the NCDMF has put forth extensive efforts to target sturgeons using gilinets in the Brunswick River, a small tributary of the CFR, on 30 different occasions from January to June 2013 (NCDENR 2013). From January to June 2013, a total of 40 Atlantic sturgeons were captured, including 4 recaptures of fish previously tagged in the system. The fish ranged in size from 419 mm to 1,162 mm fork length, with a mean fork length of 794 mm. Twenty-six of the Atlantic sturgeons were implanted with sonic tags, with the remaining fish being too small. Two of the recaptured Atlantic sturgeons had received sonic tags during their initial capture. Through 2013, six Atlantic sturgeons tagged outside of NC have been detected in the CFR array, and detection data have been shared with the appropriate tagging agencies. The Atlantic sturgeon population in the CFR is suspected to be less than 300 spawning adults; whereas, the most recent population estimate of shortnose sturgeons in the CFR is less than 50 individuals, based on analysis of tag/re-capture data by the Shortnose Sturgeon Recovery Team in 1995 (ASSRT 2007; Personal communication, Mary Moser, 2013). 4.5 Water Quality Effects on Sturgeons The potential effects of elevated TSS, reductions in DO levels, and synergistic effects of changes in multiple parameters from dredging on sturgeon species are reviewed in this section. The effects of depressed oxygen levels on life stages of sturgeons and other species has been studied by the Environmental Protection Agency (EPA) (2000) and Jenkins et al (1993). Harmful DO thresholds and tolerance levels for sturgeons were described as being below 4 mg/l. During summer, high water temperatures can actually exacerbate the negative effects of low DO on fish resulting in metabolic changes which decrease their ability to avoid low DO conditions which may be present during dredging (Secor and Niklitschek 2001). The Lower Cape Fear Program has been monitoring water quality in the CFR since 1996, including Station M61 which is located at Channel Marker 61 at downtown Wilmington and the POW (Latitude N 34.19377, Longitude W 77.95725). As shown in Figure 8, there is a DO sag in Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 18 14 10 010 OTO 010 010 010 010 Off~ �� O~~ Off~ O4~ O•�'► 01R 01'► 0y~ Off~ •ti'1�01'L Oti', Oti�i O�^r 41P� 1P� 1►� 1P`~ 1P\1 ,tiP\1' ,ti►� 1M`�' 1A,�1�ti •1►� 11 41 1P� 1►�" ,1P\ry •iP\~ •tiP\~ 3S 30 25 20 pisidved pxygen)mglt) 15 _Temperature(q 10 Source: Mallin et al 2013 Figure 8. Dissolved Oxygen and Temperature Data at Station M61 the main river channel that begins below a paper mill discharge and persists into the mesohaline portion of the estuary, which includes Station M61 at the POW. This particular station does consistently fall below 5.0 mg/L on 33% or more of occasions sampled therefore resulting in some of the lowest DO levels in the mainstem of the river. Based on 2012 data, DO levels were lowest during summer months (<5 mg/L) including June (4.5), July (4.6), August (4.3), and September (3.4) and highest during winter months (>7 mg/L) including January through April, November and December. Discharge of high biological oxygen demand waste from the paper/pulp mill (Mallin et al. 2013), as well as inflow of blackwater from the Northeast Cape Fear and Black Rivers, helps to diminish oxygen in the lower river and upper estuary. As the water reaches the lower estuary higher algal productivity, mixing and ocean dilution help alleviate oxygen problems (Mallin et al. 2013). A long-term comparison of DO at Station M61 located near the POW is shown below for the period between 1995-2011 and for 2012. As shown, the average DO concentration at this station was slightly lower in 2012 as compared to the previous multi-year average (Figure 9). Mechanical dredging may often increase the TSS present in the water column near the dredge site and often downstream during falling tides. Since there is no NC state regulatory standard for TSS in estuarine waters or actual sampling data during dredging, this qualitative assessment can only be based on scientific literature and TSS monitoring efforts from other warm water estuaries. Turbidity, which is the measure of light scattering by particles in the water column and recorded as nephelometric turbidity units (NTU) is more commonly sampled due to its ease in sampling as compared to TSS. Turbidity will vary with the suspended sediment load and Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 19 9- ■ 1995-2011 ❑ 2012 NC11 AC D! IC NAV EB BRI. M& U54 Mia M23 %ft9 NUM NCF6 B210 BBT Source: Mallin et al 2013 Figure 9. Dissolved Oxygen at the Lower Cape Fear River Program Mainstem Stations, 1995-2011 and 2012 dissolved organic matter and plankton concentration. Turbidity increases can be correlated to rainfall, tidal stage, plankton blooms, dredging events, and other man induced events such as stormwater or other permitted discharges. TSS data collected in the long term monitoring effort by Mallin (2013) is presented in Figure 10. TSS values for Station M61, located at the POW and sampled in 2012 by the Lower Cape Fear River Program ranged from 6.7 to 25.8 mg/L with station annual. mean of 11.8 mg/L (Table 5). All samples were collected at the surface. Although TSS and turbidity both quantify suspended material in the water column, they do not always go hand in hand. High TSS does not mean high turbidity and vice versa. This anomaly may be explained by the fact that fine clay particles are effective at dispersing light and causing high turbidity readings, while not resulting in high TSS. On the other hand, large organic or inorganic particles may be less effective at dispersing light, yet their greater mass results in high TSS levels. While there is no NC ambient standard for TSS, many years of data (1998 — present) from the lower Cape Fear watershed indicates that 25 mg/L can be considered elevated. The fine silt and clay in the upper to middle estuary sediments are most likely derived from the Piedmont and carried downstream to the estuary, while the sediments in the lowest portion of the estuary, such as the POW, are marine -derived sands (Benedetti et al. 2006). Background turbidity (NTU), as shown on Figure 10 for Station M61 in the main channel at the POW for the period 1995-2011 as compared to 2012, shows a significant reduction. The ambient average for all field data collected from 1995 through 2011 for this station was close to Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 20 20 ■ 1995-2011 0 2012 C1 0 A'Cll AC DP BC NAV 13B BRR M61 N54 M35 M23 M18 NCF117 NCF6 B210 13BT Figure 10. Field Turbidity at the Lower Cape Fear River Program Mainstem Stations, 1995-2011 and 2012 Table 5. Summary of TSS and Field Turbidity for Station M61, located at the POW. Dates Total Suspended Field Turbidity Solids (mg1L) (NTU) 1/25/2012 9.4 8 2/9/2012 8.9 8 3/8/2012 11.7 13 4/3/2012 9.9 14 5/11/2012 11.1 7 6/5/2012 6.7 10 7/10/2012 15.5 9 8/7/20121 12.2 6 9/5/1012 8.5 5 10/4/2012 11.6 4 11/12/2012 25.8 I 19 12/4/20121 10.6 4 Source: Mallin et al. 2013 Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 21 17 NTU, as compared to 8 NTU for the averaged data collected in 2012. However, given the year to year variability in rainfall up river, stormwater discharge etc. this might be expected. TSS and turbidity affect fish in different ways, whereby suspended sediment can block gills and reduce growth rates and overall health, turbidity can reduce vision and indirectly affect behavior, feeding ability and predator avoidance. Applying turbidity standards during dredging practices and the industry's best management practices to minimize turbidity and suspended solids during dredging has reduced the risk level of that elevated suspended loads may have on sturgeons and other fish species. Within the Savannah River, this assessment was based on a review of TSS exceedances above normal background levels (MGA 2011). For data collected in the harbor from 1999 through 2001 to define existing background TSS levels, the median background TSS levels ranged between 34 to 89 mg/I and have 90th percentile concentrations between 69 and 456 mg/I (MGA 2011). Spring tide peaks monitored caused TSS peaks in excess of 100 mg/I at the surface and in excess of 500 mg/I near the bottom. TSS levels during storm events were at times in excess of 1,000 mg/l. As discussed previously, LAW implemented 11 water quality monitoring efforts associated with pre-, during-, and post -agitation maintenance dredging events from July 1998 to August 1999. Turbidity data collected indicated re -suspended unconsolidated alluvial material tidally moved along the bottom and did not migrate into the mid and upper water columns before dispersion within the natural downstream flow. The monitoring further revealed no substantial changes in temperature or DO (LAW 1998 and 1999a -f). Suspended solids were not sampled during this study. Demersal fish species, such as sturgeon, are in general more tolerant of high TSS and turbidity levels and therefore less susceptible to elevated TSS and turbidity levels from mechanical dredging. While eggs and larvae would be more susceptible to these conditions, they would not be present in this reach of the river. Adults and juvenile sturgeons would occur seasonally in the affected area, but could avoid exposure to plumes of suspended sediments caused by dredging. While gill abrasion is the most threatening potential direct effect on adults migrating through the plumes, it is not likely this would occur due to the small size of the resulting plume, thereby minimizing the temporal exposure to migrating sturgeons. There is little information on the lethal or sublethal effects of TSS on sturgeon species; however, it is suggested by O'Conner et al (1976) that the threshold for these species is much higher than would be experienced within the small plume field produced during hydraulic, mechanical or agitation dredging. The synergistic effects of DO, TSS, and turbidity are not easy to understand. However, within the affected area of the CFR, the likely scenario would be a condition where anoxic fine material is suspended in the water column resulting in higher turbidity and lower DO. While this condition is easy to visualize, continuous monitoring in Savannah Harbor during dredging found no discernable relationship between DO and turbidity (MGA 2011). Clarkes' (2011) monitoring of bottom conditions upstream and downstream of a cutterhead dredge found a very minimal relationship between decreasing DO and increasing turbidity. Monitoring during agitation dredging in the CFR affected area also failed to find a relationship between these parameters (LAW 1999a -f). Therefore, since there appears to be little actual synergistic effect that has been detected for dredging in the above mentioned locations, it is not likely that there would be an adverse effect on sturgeon health while migrating through the affected area. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 22 4.6 Foraging Habitat Loss Effects on Sturgeons Proposed mechanical dredging for the turning basin widening will result in the conversion of about 8.53 acres of mud bottom habitat which ranges in depth from -5 to -20 ft MLW to a navigable depth of -42 ft MLW for the expanded turning basin. Sturgeon species likely use the project area and vicinity for feeding, resting, and as a potential pathway to upstream spawning areas (Moser and Ross, 1993, Moser et al.1998). Other more recent tagging studies and monitoring by NCDMF further confirm the presence of sturgeons within the river near the POW terminals (NCDENR 2013) Atlantic sturgeons are benthic feeders and typically forage on benthic invertebrates including crustaceans, worms, and mollusks. The proposed dredging area likely provides limited value as a forage area since the berthing area is dredged for maintenance on an annual basis and the adjacent shallow areas are greatly influenced by vessel movements, port operations, and stormwater discharges etc. Recovery of benthic resources would likely, require between 6 - months (Van Dolah et al. 1979; Van Dolah et al., 1984; and Clarke and Miller -Way 1992) to two years (Bonsdorff 1980; Ray 1997). Therefore, it is expected that the area will provide low value for benthic forage with or without the proposed deepening. The shallow habitat though likely has a more diverse benthic community than what the recovered future benthic community will be like at -42 ft MLW following dredging. While this may represent a loss of potential foraging habitat for sturgeons, it is important to note that there is 37,800 acres of shallow water soft bottom habitat (<6 ft deep) and 188,549 acres of deeper soft bottom habitat ( >6 ft deep) available for foraging within the CFR southern estuary (Deaton 2010). The area of proposed deepening accounts for 0.02% of available shallow water foraging habitat within the lower CFR. 4.7 Temporary Water Quality Effects on Sturgeons As discussed in prior sections of this report, dredging is not likely to result in any significant depression of DO levels due to sediment resuspension in the water column. While DO may be depressed somewhat, monitoring in the river has shown that it is not likely to fall to limits where lethal effects on sturgeons occur. Mechanical dredging will result in the production of plumes of suspended sediment where turbidity is higher along the bottom downstream for a short distance from the bottom impact. Sturgeons are known to seek areas of suitable water quality when encountering low DO conditions (Secor and Gunderson 1998). However, they are also known to adopt a sedentary behavior during periods of very low DO, which can prove fatal (NMFS 2011). Most fish in the affected area and the greater CFR are adapted to highly turbid estuarine waters, therefore gill abrasion and a short term loss of prey availability are not likely to be a commonly occurring event as a result of maintenance dredging. 4.8 Temporary Effects on Sturgeons' Foraging Habitat Benthic habitat suitable for foraging by migrating sturgeons adjacent to the affected area will be temporarily disturbed through the suspension of bottom sediments and through the deposition of suspended sediments on the bottom downstream of the dredging. These foraging habitat Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 23 effects will be short term due to the resilience and high rate of recovery afforded to benthic organisms occurring in these areas. Most of the benthic invertebrate species occurring in the affected area are opportunistic and will recover within six months or so following the disturbance (Van Dolah et al 1984). It is important to point out that the benthic habitat in the terminal quays and turning basin is already affected by ship and tug boat operations, annual maintenance dredging, stormwater discharge and other routine disturbances common to marine terminals. While suitable benthic habitat for foraging may occur within the affected areas, sturgeons prefer shallower low flow areas for foraging where they will require less energy consumption during high temperature extremes. It is quite likely that high flow areas as would occur within the affected area would not be used for foraging; however, the area is designated Primary Nursery Area by the NCDMF, and as such may provide some foraging area for sturgeon species. In addition, the NCDMF sets nets to capture and tag sturgeons along the shoreline in the Cape Fear and Brunswick rivers, which is away from active port terminals and navigation channels. 5.0 CONCLUSIONS The CFR supports a small population of Atlantic and shortnose sturgeons. Recent acoustic monitoring (NCDENR 2013) documented the occurrence of 46 Atlantic sturgeons (26 tagged, balance too small for tagging) and one shortnose sturgeon. While the likelihood of their presence in the affected areas is thought to be quite rare, past monitoring and collection efforts demonstrate they may occur in the harbor during their annual migrations up and down river (Personal communication, Chip Collier, NCDMF 2013). Only adult and juvenile life stages could occur within the affected area, as eggs and larvae would not be present due to high salinities and lack of appropriate spawning habitat. Dredging effects on sturgeons may include abrasion of gills from sediment suspension, a temporary loss of the benthic community food source within the dredging footprint, and degradation in the benthic foraging habitat down current due to the deposition of suspended sediment. The severity of the biological effect of water quality changes on sturgeons depends upon the exposure magnitude, frequency, and duration for those parameters considered, as well as the species adapted tolerance. Mechanical dredging through use of a clamshell bucket dredge will result in elevated TSS and turbidity levels for a short duration during dredging ranging from 5 to 6 months. Due to the small footprint during clamshell operations and because of tidal effects and the dynamic nature of sediment plumes, significant turbidity plumes are not anticipated. Dredging is not expected to result in depressed DO levels during dredging most of the year, other than during the late summer/early fall when water temperatures are higher and DO lower (Mallin 2013). DO levels during the 1999 monitoring of agitation dredging at the POW were not depressed and did not go below 5 mg/I or show any correlation to temperature or turbidity (NCDENR 2009 and LAW 1999a -f). Maintaining the anadromous fish in -water construction moratorium from February 1 through September 30 of each year helps ensure that the potential summer DO sag is not further depressed by hydraulic dredging and thereby adversely affecting the behavior or health of sturgeons. It should be noted the clamshell bucket dredging is allowable year round due to its potentially less adverse effect as compared to cutterhead hydraulic dredging. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 24 6.0 CONSERVATION MEASURES The NCSPA at the POW have successfully managed maintenance and agitation dredging for many years with strict adherence to environmental windows (unless high shoaling rates resulted in necessity to dredge), permit conditions, use of best management practices, and permit required monitoring. No incidental takes of sturgeon species have occurred during dredging operations. In 2014, the POW and other private terminals were granted approval to use agitation dredging as a temporal and cost-effective way to maintain navigable depth with their berths and quays. For this proposed Turning Basin Widening project the POW is asking for approval to dredge 8.53 acres of shallow unvegetated mud bottom habitat located with PNA. This will result in the potential loss of foraging habitat for juvenile and adult lifestages of sturgeon species. Indirect effects will be limited to altering fish movements during dredging, short-term effects due to generation of higher sediment loads and turbidity during dredging. The NCSPA has offered the following conservation/mitigation measures to compensate for unavoidable effects and potential foraging habitat loss associated with the proposed project and to avoid or minimize effects on sturgeon species. These measures include conveyance of a conservation easement on 13.4 acres of coastal marsh habitat present on property owned by the NCSPA since 1965 and payment of $750,000 towards planning, permitting and design of the Lock and Dam #2 Fish Passage on the CFR. Along with the funds appropriated by the NC State legislature this past session, this will allow for completion of all services needed to develop the fish passage project into a "shovel ready" project within two years. The latter measure is only proposed if this project can be fully permitted and approved by all parties, including an informal Section 7 consultation letter from the NMFS in less than 90 days from the initial date of application (October 16, 2015). A description of each measure is provided below. Mitigation/Conservation Measures Conservation of 13.4 -Acre Tract on Brunswick River The NCSPA has owned this property since 1965. As shown in Figure 1, this site is located on the west side of the Brunswick property in the Town of Belville, NC. The NCSPA has agreed to place a conservation easement on the 13.4 -acre property, a majority of which is coastal marsh habitat within primary fisheries nursery habitat of NC. This action will ensure conservation of potential foraging habitat of sturgeon species documented to occur in the river. Within 60 days of permit issuance, the applicant will register the conservation easement with the NCDENR Fish Passage for Lock and Dam #2 — Cape Fear River One of the overarching_ goals of the Cape Fear River Partnership, as well as state and federal resource agencies (NMFS, USFWS, NCDENR, NCDMF) is' restoring access to historic migratory fish habitat in the upper Cape Fear River Basin. To this end, Cape Fear River Watch and other public and private partners have applied for NOAA and state grants over the past several years. This past NC legislative session approved allocation of $250,000 as matching funds to kick this initiative forward. NOAA OR&R has also voiced considerable interest in moving this restoration initiative as a top priority for the basin. The NCSPA agrees to contribute Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 25 the balance of funds needed to make this project "shovel ready" so as to better ensure that construction dollars have a better chance of being allocated through federal grants and state funding. As stated above, the NCSPA agrees to allocate these funds if all state and federal agencies ensure that full permitting approval is granted for the proposed action in less than 90 days. Information on the project is provided below. Site Locations Lock and Dam #2 is located within the Cape Fear River basin on the CFR in Bladen County, NC, (Lat: 34 37' 36.25" N; Long: 78 34' 38.47" W). Lock and Dam #2 is accessible to public use by way of SR 1703 from NC State Highway 87 (Figure 2). Project Description The applicant, along with matching funds from the State of NC, proposes to contribute funds to complete the planning, design and permitting of the rock ramp fishway at Lock and Dam #2 in the CFR to restore access to lost spawning and nursery habitat in order to improve the resilience of anadromous fish populations, including endangered Atlantic and shortnose sturgeon. Fragmentation by dams is an important impediment to the resilience of coastal river ecosystems in the face of advancing climate change and associated extreme weather periods and events. Spatial limitations on the amounts of spawning habitat for anadromous species are imposed by dams in most river systems throughout the US eastern seaboard. The resulting reduction in spawning and nursery habitat adversely impacts the resilience of numerous fish species by reducing their available refuge from low flow periods due to droughts and increasing water temperatures in southernmost river basins. Valuable spawning habitats for federally endangered shortnose and Atlantic sturgeon exist in the CFR near the Fall Line but are currently blocked by Lock and Dams #2 and #3. The proposed project will also improve access to critical habitats for numerous managed anadromous fish species, including striped bass, American shad, river herring, and American eel; which will improve the resilience of these populations as well. Project Performance Measures and Outcomes The proposed project includes restoration of access to approximately 20-40 percent of remaining historic habitat that is currently blocked by Lock and Dam #2. After construction of the fish passage for Lock and Dam #2 and eventually Lock and Dam #3, over 84 free-flowing river mainstem miles and 995 tributary stream miles and more than 192 acres of migratory fish habitat will be made accessible to anadromous fish for spawning. The anticipated long-term ecological and socioeconomic outcomes include improved recruitment among the numerous anadromous species listed above. The restoration of a degraded fisheries will, in turn, result in increased revenue to the businesses and improved quality of fishing for recreational users of the CFR. The expansion of the economic benefits from recreational fishing activity in this section of the river has been projected to yield an increase in net annual economic benefits upwards of $188,000 and contribute $961,000 in industry production and business sales in the state economy (Hadley 2014) Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 26 Conservation measures to avoid and or minimize additional effects on managed and associated species within their associated EFH in the project area includes the following: • Turbidity booms will be deployed around dredging and pumping operations at all times to minimize movement of suspended sediments and turbidity. • Turbidity booms will be monitored by the POW to ensure compliance with the above requirement. • The POW will establish a goal of maximizing dredging during falling tides if the project can be constructed by June 30, 2016 without dredging during rising tides. • Best management practices will be used throughout construction to minimize turbidity and any indirect effects on managed and associated species. • Due to the performance of mechanical dredging during the higher activity and migration period of the year for sturgeon, the applicant agrees to place an observer on the clamshell barge to observe for sturgeon either entrained in the bucket dredge or injured/killed during dredging. Weekly reports will be provided to NCDENR and NMFS as to weekly observations. 7.0 EFFECTS DETERMINATION Based on the information presented in this biological assessment for dredging 8.53 acres inshore of the existing Kinder Morgan Liguid Bulk Facility for widening of the turning basin and relocating associated structures closer to shore, may affect, but is not likely to adversely affect both species of sturgeon. This applies to mechanical dredging only through use of clamshell/bucket dredge, as has been allowable with existing maintenance dredging permits for the POW. Conservation measures as proposed herein shall be implemented consistent with the term presented in the above section. 8.0 REFERENCES Anamar Environmental Consulting, Inc (Anamar). 2010. Northeast Cape Fear River Turning Basin and North Carolina State Port Authority Maintenance Dredging Wilmington Harbor, North Carolina. 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"Guide to Selecting a Dredge for Minimizing Resuspension of Sediment," Effects of Dredging Techcnical Notes EEDP-09-01, Army Engineer Waterways Experiment Station, Vicksburg, MS. Jenkins, W.E., T. I. J. Smith, L. Heyward, and D.M. Knott. 1993. Tolerance of shortnose sturgeon, Acipenser brevirostrum, juveniles to different salinity and dissolved oxygen concentrations. Proc. Ann. Conf. of Southeast Fish and Wildlife Agencies. 47:476-484. Law Engineering and Environmental Services, Inc. (LAW). August 1998. Agitation Sled Dredging Water Quality Assessment Berth 1 and 2, Port of Wilmington. Report Date 18 August 1998; Sample Events 6-7 July 1998 and 11-12 July 1998. LAW. January 1999a. Agitation Sled Dredging Water Quality Assessment Berth 1 and 2, Port of Wilmington. Report Date 1 January 1999; Sample Dates 16-20 November 1998, 3 December 1998, and 5 December 1998. LAW. February 1999b. Agitation Sled Dredging Water Quality Assessment Berth 1 and 2, Port of Wilmington. 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Research and Management of Endangered and Threatened Species in the South East: Riverine Movements of Shortnose and Atlantic Sturgeon. Semi-annual progress report under Account #P24019087211 (NOAA Award #NA10NMF4720036) North Carolina Division of Marine Fisheries (NCDMF). 2011. Primary Nursery Areas Maps. Accessed March 2012. Available online at http://www.ncfiisheries.net/maps/FNA—maps/ map27.pdf, dated March 2011. Oakley, N.C. and J.E. Hightower. 2007. Status of shortnose sturgeon in the Neuse River, North Carolina. American Fisheries Society Symposium 56:273-284. O'Connor, J.M., D.A. Neumann, and J.A. Sherk, Jr. 1976. Lethal effects of suspended sediments on estuarine fish. Technical Paper 76-20. US Army, Corps of Engineers, Coastal Engineering Research Center, Fort Belvoir, VA. 38 pp. Ray, G. 1997. Benthic Characterization of Wilmington Harbor and Cape Fear Estuary, Wilmington, North Carolina. Final Report Prepared for the U.S. Army Corps of Engineers — Wilmington District. US Army Engineers Waterways Experiment Station, Vicksburg, MS. Ross, S.W., F.C. Rohde, and D.G. Lindquist. 1988. Endangered, threatened, and rare fauna of North Carolina, part 2. A re-evaluation of the marine and estuarine fishes, North Carolina Biological Survey, Occasional Papers 1988-7 Raleigh, North Carolina. Secor, D.H., and T. E. Gunderson. 1998. Effects of hypoxia and temperature on survival, growth, and respiration of juvenile Atlantic sturgeon, Acipenser oxyrinchus. Fishery Bulletin 96:603-613. Secor, D.H., and E.J. Niklitschek. 2001. Hypoxia and sturgeons: report to the Chesapeake Bay Program Dissolved Oxygen Team. Technical Report Series No. TS 314 -01 -CBL. 24 pp. Smith, J.A. and J.E. Hightower. 2012. Effect of low -head lock and dam structures on migration and spawning of American shad and striped bass in the Cape Fear River, North Carolina. Transactions of the American Fisheries Society 141:402-413. United States Army Corps of Engineers (USACE). 1983. Dredging and Dredged Material Disposal. Engineer Manual 1110-2- 5025. Washington D.C. USACE. 2008. The Four Rs of Environmental Dredging: Resuspension, Release, Residual, and Risk. Engineer Research and Development Center. ERDC/EL TR -08-4. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 31 USACE. 2010. Biological Assessment of Threatened and Endangered Species for the Proposed Savannah Harbor Expansion Project. Appendix B to the Environmental Impact Statement. 196 pp. Van Dolah, R.F., D.R. Calder, D.M. Knott, and M.S. Maclin. 1979. Effects of dredging and unconfined disposal on macrobenthic communities in Sewee Bay, South Carolina. Tech. Rep. 39. South Carolina Marine Resources Center, Charleston, SC. Van Dolah, R.F., D.R. Calder, and D.M., Knott. 1984. Effects of dredging and open water disposal on benthic macroinvertebrates in a South Carolina estuary. Estuaries 7:28-37. Biological Assessment for Shortnose and Atlantic Sturgeons Dial Cordy and Associates Inc. Relocation of Liquid Bulk Pier and Widening of the Turning Basin October 2015 32 DIAL COFRDY AND ASSOCIATES INC G'nc►rnnr»cnrrrl Consu/tants 201 N. Front Street, Suite 307 Wilmington, NC 28401 910-251-9790 NWW.dialcordy.com