20181344 Ver 4_CMDF_Town of Oak Island_24-25 nourishment_NCWRC_20240708

� North Carolina Wildlife Resources Commission �
Cameron Ingram, Executive Director
MEMORANDUM
TO: Heather Coats
NC Division of Coastal Management r
FROM: Mania T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 8, 2024
SUBJECT: CAMA Dredge/Fill Permit Modification for Town of Oak Island, PA-1253, Brunswick
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification with regard to impacts on fish and wildlife resources. The project includes nine miles of
oceanfront beach on Oak Island as well as near -shore and off -shore sand sources identified as Offshore
Oak Island (OSOKI) and Wilmington Harbor Inner Ocean Bar (IOB). Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
The Town of Oak Island proposes to conduct a 9-mile beach nourishment project from McGlamery Street
to the parking lot at the end of West Beach Drive. Approximately 2.9 MCY of material would be removed
from an Outer Continental Shelf (OCS) borrow source under the jurisdiction of BOEM. The applicant
refers to this area as Offshore Oak Island borrow area or OSOKI. The beach would be filled to an
elevation of +7' NAVD 88 with a 20:1 slope out to tie into existing grade from 4' to -10' NAVD88. The
proposed beach berm width ranges from approximately 40' to 150' in width. It is estimated that 197 acres
would be filled below MEW and 269 acres would be filled above MHW. Maintenance of the previously
constructed engineered starter dune is also proposed on an as needed basis, maintaining the same
previously constructed elevations and footprint ranging from an elevation of 13' to 15.5' NAVD88, with
a 10' wide dune crest, and at a 4H:1V oceanward slope and a 5H:1V landward slope. Dune planting is
proposed along the landward side of the starter dune and extending oceanward along the crest and 1/4
down the oceanward dune face. A new engineered starter dune section is proposed from Station 235+50
to 275+50 where dune repairs were not previously proposed or needed. This section of proposed starter
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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dune would remain in alignment with and of similar design to the previously constructed dunes on either
side.
Eleven vibracores were taken from OSOKI. The material was classified as predominantly sand with a
composite mean grain size of 0.36 mm and a calcium carbonate content of 5.97%. Composite size
classifications for all cores were calculated at 0.67% gravel, 1.37% granular, and 3.97% fines. Wet
Munsell color for the majority of samples was reported to be 1 OYR 511 or lighter, however, a few
individual samples were reported to be darker in color. The applicant removed the option to use material
from the USACE's Wilmington Harbor Inner Ocean Bar borrow area after receiving objections from the
Town of Caswell Beach and the Village of Bald Head Island. Currently the Town of Oak Island is
pursuing a MOA to allow placement of material from the Inner Ocean Bar for the Town's project on the
east end of Oak Island.
The NCWRC has reviewed the permit application and has the following comments:
Oak Island has exhibited some of the highest density of sea turtle nests for the state of North
Carolina. Species that may use this area include Kemp's Ridley (Lepidochelys kempi), hawksbill
(Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and
green (Chelonia mydas) sea turtles. To minimize impacts to nesting sea turtles, the nesting sea
turtle moratorium, May 1 — November 15 or until the last known sea turtle nest has emerged,
should be observed. This includes the removal of heavy equipment and any remediation that may
be needed on the beach (dune planting and sand fence construction too?).
Piping Plover Critical Habitat Unit NC-16 is within the western portion of Oak Island. Therefore,
the NCWRC requests adherence to the April 1 — August 31 moratorium to protect piping plover
and other nesting shorebirds. While the majority of this project is away from the inlets, Staging
Area 1 off Kings Lynn Road is on the back side of the island and likely will utilize the inlet
shoulder for equipment placement and travel. If Staging Area 1 is not used or if no activity occurs
west of Staging Area 2 to affect important inlet should habitats, the month of April would not
need to be included in the observed moratorium.
Beach quality material that is compatible with native beach is essential. If during construction
non -compatible material is placed on the beach, nourishment activities should stop, state and
federal agencies should be notified, and it should be determined if the dredge needs to move to an
alternative location within the borrow source to obtain compatible material. Additionally, state
and federal agencies should assess the non -compatible material for removal to determine if
mitigation is required. Compatibility includes grain size, percent fines, calcium carbonate, color,
and clast count.
Sampling within OSOKI indicates the material may meet the NC Division of Coastal
Management's (NCDCM) sediment criteria. However, NCWRC staff have observed that
deposited material that averages at the upper limit of the criteria allowance does not always
demonstrate characteristics of the native beach. This is especially true for calcium carbonate
concentrations. Elevated calcium carbonate levels cause the beach sands to be more compact,
adversely affecting nesting activities for sea turtles and macro -invertebrate colonization.
Therefore, we strongly caution against placement of material that is within the upper range of the
sediment criteria. 2023-OSOKI -05, -18, and -24 all had significantly higher calcium carbonate
concentrations, up to 30%, as the sample depth increased. Therefore, we request the bottom depth
not extend as far into the borrow area for sections represented by these samples. This may mean
that bottom depths are raised to 10' in 2023-OSOKI-05, 8' in 2023-OSOKI-18, and closer to 15'
in 2023-OSOKI-24.

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While Munsell values were developed for soil identification more so than sand compatibility,
they can be used as a color reference to aid in the determination whether material placed on the
beach is too dark. Darker sands absorb more solar radiation and therefore have higher
temperatures than lighter colored sands. This is important on sea turtle nesting beaches as sea
turtle sex is determined by egg incubation temperatures. If material placed on the beach is
significantly darker than native material, the sex of sea turtle hatchlings produced from nests laid
in this material will be skewed. Sand temperatures that are too high can cause failure of
incubating sea turtle eggs. Therefore, no material placed on the beach should have a wet Munsell
value darker than 1 OYR-5. Several samples from OSOKI had a darker than 5 value. The
placement of dark material from these areas onto the beach is concerning. Therefore, it is
recommended material not be obtained from the areas represented by sample 2023-OSOKI-05
below 7' (this would also address elevated calcium carbonate values), 2023-OSOKI-20 near the
10' to 11.5' range, 2023-OSOKI-23 from 5' to 14' range, and 2023-OSOKI-24 from 4.6' to 6.6',
and below 17'. As both 2023-OSOKI-23 and -24 have compatibility concerns and are located at
the southern end of the borrow site, perhaps this region of the borrow site should be avoided or
material taken only from more shallow depths.
While the NCWRC understands the engineered design and permit must be based upon survey
data from a set date and point, we must also recognize ocean front shorelines are very dynamic.
Therefore, it is requested that prior to conducting nourishment activities, a survey is conducted
approximately three months prior to the final construction design to provide an accurate
representation of the beach profile. Adjustments may need to be made after the survey to
compliment the intent of the permit as well as to protect environmental and public resources.
Visual surveys for escarpments along the project area must be made immediately after
completion of sand placement, and within 30 days prior to May 1, for two subsequent
years after any construction or sand placement event. Escarpments that interfere with sea
turtle nesting or that exceed 18" in height for a distance of 100' must be leveled and the
beach profile reconfigured to minimize scarp formation by May 1. Any escarpment
removal must be reported by location. NCWRC and the US Fish and Wildlife Service
(USFWS) must be contacted immediately if subsequent reformation of escarpments that
interfere with sea turtle nesting or that exceed 18"in height for a distance of 100' occurs
during the nesting and hatching season to determine the appropriate action to be taken.
NCWRC supports the USFWS recommendations on dune construction and beach profiles to
minimize obstructing the line of sight for sea turtles and misorientation. A nesting female
sea turtle is not deterred from nesting on newly constructed areas with a gentle slope of 5:1
or less. While the NCWRC prefers a slope of 3:1, a slope of 4:1 on a low erosion beach or a
slope of 1.5:1, followed by a gradual slope of 4:1 for approximately 20 feet seaward on a
high erosion beach can be considered. Any new or modified material placed on the beach
should tie into the existing profile in a manner to not create backslope or troughs landward
the dune crest. If existing profiles exhibit topography conditions that lend themselves to this
situation, the area should be remediated prior to project implementation.
In addition to the concern with troughs on the backside of dunes, NCWRC staff have noticed that
with the expansion of beach berm and beach slope widths, areas within the beach profile
sometimes do not exhibit natural beach profiles or slopes toward the ocean. As a result,
sometimes valleys, swales, or ponds within the beach profile form as the beach constricts or after
equipment is removed. These low areas remain inundated for extended periods and are no longer
suitable habitat for sea turtle egg incubation. Any nests laid in these areas must be relocated so

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the eggs can successfully produce hatchlings. Any such features present before project
completion should be remediated to ensure the beach slopes naturally to the ocean and that
depressed areas are not present in the constructed beach profile.
Dune grass planting will occur after dune construction. Native grasses will be planted on the dune
crest and the landward slope of the dune down from the crest of the dune for 1/4 the distance or
25% the length of the dune face. NCWRC appreciates this planting proposal as this has been the
distance requested in the past for dune planting activities on Oak Island. In general, the NCWRC
requests activities occur as much as possible outside the sea turtle nesting season and that contact
continues throughout this project or any other upcoming planting events during nesting season.
As an education and guidance tool, the following link can be referenced:
https://content.ces.ncsu.edu/restoration-and-management-of-coastal-dune-ve etg ation
Shoreline stabilization measures, including dune planting and sand fencing, have been conducted
within the project area. These management tools should be taken into account when planning
nourishment activities. Although not described in this permit modification request, sand fence
installation should not be conducted without consultation with the NCWRC and USFWS. Sand
fence installation can have significant influence on sea turtle nesting activities, especially when
dunes that have less steep slopes can serve as nesting habitat and as dunes, including fencing and
planted grasses, are positioned closer to mean high water. Just as with any activity on the shore,
measures should be implemented to follow existing regulatory definitions and guidance to
minimize wildlife impacts. The installation of fencing between other sections of fencing and/or
the placement of Christmas trees and hay bales between the fencing creates sea turtle
entanglement concerns and nesting restrictions along portions of the beach.
The NCWRC is concerned with the frequent disturbance of the beach and borrow areas from this
and other projects in the vicinity. These impacts should be assessed cumulatively, not merely on
an individual project basis.
• The February 15, 2024 USACE public notice for this project included project variations from the
current NCDCM permit application. While the reason for these differences is unclear, the project
design and permit conditions should be the same for any state and federal permits.
The NCWRC appreciates the opportunity to review and comment on this permit modification. If you need
further assistance or additional information, please contact me at [phone] or at
man a.dunnkncwildlife.org