20120084 Ver 3_USFWS Comments_20171030

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 25, 2017
Mr. Josh Pelletier
U. S. Army Corps of Engineers
Washington Regulatory Field Office
2407 West Fifth Street
Washington, North Carolina 27889
Subject: Action ID #SAW- 2017-02098; Town of Nags Head
Dare County, NC
Dear Mr. Pelletier:
CEI
0C 3 0 2017
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the
subject Public Notice (PN), dated October 16, 2017 for the Town of Nags Head. The
Town proposes to dredge 4 million cubic yards of beach quality sand from two offshore
borrow areas, and deposit the material along approximately 10 miles of oceanfront
shoreline. These comments are submitted in accordance with the Fish and Wildlife
Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments
related to the FWCA are to be used in your determination of compliance with 404(b)(1)
guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to
the protection of fish and wildlife resources. Comments related to the District Engineer's
determination of project impacts in the Biological Assessment (BA) (not yet received),
pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16
U.S.C. 1531-1543) will be addressed during formal consultation.
Project Area, Proposed Activities, and Anticipated Impacts
The project area is the shoreline within the Town of Nags Head and the adjacent Atlantic
Ocean. The waters of the project area are classified as SB. The substrate of the project
area is primarily sand. The proposed project includes dredging of material from Offshore
Borrow Areas 3A and 4 located in state waters, offshore of Dare County. Sand will be
pumped onto the beach via submerged pipeline with direct pump -out. Sand placement
activities will be conducted along a 10 -mile section of the Town of Nags Head, from the
Bonnet Street Beach Access to East McCall Court. It is unclear from the PN if the

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authorization is proposed for a one-time project or for a management program that will
conduct sand placement over a longer period of time. The PN also does not indicate the
timing of the work (time of year). However, from discussions at scoping meetings
(March 23, 2017 and August 8, 2017) and our review of the draft BA, it appears that the
work is intended to be conducted over four to five months during the summer season,
between May 1 and October 30. This work window includes the sea turtle nesting season
and shorebird nesting season, as well as portions of the fall and spring migration season
for shorebirds such as piping plover and red knot.
Federally Protected Species
The Service has reviewed available information on federally -threatened or endangered
species known to occur in Dare County. Our review indicates that several species may
occur in the project area, including the West Indian manatee (Trichechus manatus),
piping plover (Charadrius melodus melodus), red knot (Calidris canutus rufa), roseate
tern (Sterna dougallii dougallii), seabeach amaranth (Amaranthus pumilus), and the
Kemp's Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricate), leatherback
(Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia mydas) sea
turtles. All five sea turtle species may nest in the project area.
Whales, shortnose sturgeon (Acipenser brevisrostrum), Atlantic sturgeon (Acipenser
oxyrinchus), and sea turtles in the water are under the jurisdiction of NOAA Fisheries'
Protected Species Division.
The Corps has made a determination of May Affect, Not Likely to Adversely Affect
(MA/NLAA) Federally -listed endangered or threatened species. There was no species
list included in the PN. The final BA has not been provided, nor has the Service been
provided a draft of the Environmental Assessment (EA) for the project, so the basis for
the Corps MA/NLAA determination is unclear.
Service Concerns and Recommendations
Because sand placement activities are proposed to occur during spring, summer, and fall
(and no conservation measures are provided), the Service cannot concur with the Corps'
determination of MA/NLAA for any of the species listed above. We recommend that the
Corps initiate formal consultation pursuant to ESA Section 7(a)(2).
Specifically, the Service is concerned with the potential for adverse impacts to sea turtle
nests that are not detected during daily monitoring, nests which may be relocated outside
of the project area, and potential adverse impacts to females attempting to nest, eggs in

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nests, or hatchlings attempting to leave a nest in the project area. In addition, work
during spring, summer, and fall months may adversely affect migrating piping plovers,
red knots, and roseate terns, and the West Indian manatee. Work conducted during the
growing season may bury seabeach amaranth individuals, which would be an adverse
effect.
The Service is concerned in general with the potential cumulative impacts from
increasing number of proposals to dredge and nourish during the nesting season for sea
turtles and shorebirds, and the growing season for seabeach amaranth. This is of
particular concern in Dare County, where as much as 62,700 if (11.87 miles) of beach
were nourished during the summer of 2017 (projects are ongoing). The cumulative loss
or degradation of nesting habitat for sea turtles, piping plovers, and other shorebirds, and
loss or degradation of foraging, and roosting habitat for piping plovers, red knots, and
other shorebirds, is of great concern to us. The Service will attempt to address these
concerns during formal consultation for these and other projects.
In addition to potential adverse effects to Federally -listed species, the Service is
concerned about the potential adverse effects to other shorebirds. The Service believes it
is important to adhere to the winter work windows if at all possible. The avoidance of
work during spring, summer, and fall is particularly important for piping plover and red
knot. Avoiding work during these seasons will also protect other shorebirds that migrate
through, overwinter or nest in the project area. These species are not federally -listed
under the Endangered Species Act, but many are considered to be at -risk and all are
protected under the Migratory Bird Treaty Act (16 USC 703-712).
The Service appreciates the opportunity to comment on this project. We look forward to
reviewing the EA and working with the Corps during formal consultation. If you have
questions regarding these comments, please contact Kathy Matthews at 919-856-4520,
ext. 27 or by e-mail at <[e-mail] >.
Sincerely,
t4,
Peter Benjamin /
Field Supervisor

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cc:
Daniel Holliman, USEPA
Ken Riley, NOAA Fisheries, Beaufort
Maria Dunn, NCWRC, Washington
Doug Huggett, NC DCM, Morehead City
Debra Wilson, NC DCM, Wilmington
Karen Higgins, NC DWR, Raleigh