20061275 Ver 3_WRC Comments_20180130

Q North Carolina Wildlife Resources Commission [,�
Gordon Myers, Executive Director
MEMORANDUM
TO: Doug Huggett
NC Division of Coastal Management f
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: December 21, 2017
SUBJECT: CAMA Dredge/Fill Permit Application for Town of Nags Head, Dare County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located adjacent the
Atlantic Ocean along a 10 -mile stretch of shoreline in Nags Head, NC. 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, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to dredge 4 million cubic yards of beach -quality sediments from two off -shore
borrow sources and deposit the material along a 10 -mile section of oceanfront. The borrow areas are
located 1.0 — 2.5 miles offshore and are known as Borrow Areas 3A and 4. These areas encompass 490
acres and contain over 6 million cubic yards of sand. Material is proposed to be placed on the shore via
submerged pipeline with direct pump -out. Once discharged, the sand would be shaped and graded
according to the design template. The average fill density is 75 cubic yards per linear foot, or an average
beach width of approximately 60 feet after natural profile adjustment. The applicant is referencing the
alternative analysis and environmental assessment from the 2011 permit action which described a no
action alternative; a winter dredging alternative; a retreat and relocate alternative; and the preferred
alternative that includes summer dredge operations. The 2011 permit action allowed a one-time
nourishment activity that used material from borrow areas in the proximity of the current proposed
borrow area. The current permit application presents a "no action alternative" as Alternative 1 and a
"nourishment in summer with offshore sand source alternative" as Alternative 2. Alternative 2 is the
applicant's preferred alternative. The mean grain size of the collected core samples from Borrow Area 3A
and 4 are 0.362 mm and 0.376 mm, respectfully. Variations in beach sediment size vary in the near shore
zone, with the majority ranging between 0.17 mm to 0.23 mm.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

The NCWRC has reviewed the provided information within the permit application, has been involved in
the 2017 scoping meetings, and has assessed the project for impacts to wildlife resources, particularly
coastal waterbirds, sea turtles, and beach invertebrates. Our agency was also heavily involved with the
2011 permit action. Federally protected species that utilize the area include piping plover (Charadrius
melodus melodus), red knot (Calidris canutus Tufa), roseate tern (Sterna dougalld dougallii) and Kemp's
Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea),
loggerhead (Caretta caretta), and green (Chelonia mydas) sea turtles. Conducting nourishment activities
during the nesting shorebird moratorium, April 1 — August 31, and the sea turtle nesting moratorium, May
1 — November 15, or until the last known nest has hatched, may have an adverse effect on some
individuals even if measures are taken to minimize impacts. These moratoria were established to protect
threatened and endangered species that use the shoreline for foraging and nesting. Although we
understand weather during the winter months will make the project more difficult, the impact of this
project and the cumulative impact of other projects during the nesting season may adversely affect
wildlife resources.
A summer month construction schedule includes the time of peak migration for beach nesting shorebirds.
These birds forage in the project area during their migration along the Atlantic shore. Potential impacts
may include direct disturbance of birds as a result of continuous construction activities and decreased
recruitment of invertebrates that provide food. Placement of material on the beach during the summer
season would decrease invertebrate populations, especially if beach nourishment work is done in
subsequent years. Placement of material on the beaches outside the summer months would minimize
these impacts. It is unclear from the permit application the definition of the long-term management
program, the triggers that would initiate another nourishment activity, and the anticipated frequency of
events. Frequency of nourishment events greatly affects invertebrate recruitment and beach recovery.
Dredging, especially by hopper dredges, during May through November would increase the likelihood of
sea turtle take incidents. The National Marine Fisheries Service limits the number of incidental takes of
sea turtles by dredging activity in the Southeastern United States. Measures to deter incidental take of sea
turtles during hopper dredge use, protocol in case of sea turtle capture, potential tagging methodology for
captured sea turtles, and notification protocol was provided in the application and will be discussed during
pre -construction meetings. Recent summertime nourishment events in the vicinity experienced
significantly higher than expected interactions with sea turtles. If it is determined dredge activity is
allowed during nesting season, these interactions should be expected and necessary actions planned.
Additionally, the placement of material on beaches may disrupt turtle nesting by causing lost nesting
opportunities, destruction of unmarked nests (not all eggs can be successfully located by nesting
monitors), and the misorientation of hatchlings due to artificial lights used at night on construction
equipment. Misorientation could be minimized with the use of directional LED lights that have a
predominant wavelength of about 650 nm. Lighting on the beach at night should be minimized to what is
necessary for safe operations and if equipment used on the beach at night do not have the proper LED
lights, operation should occur under acceptable lights without the use of traditional lights and
wavelengths. Even with the intensive monitoring for nesting turtles, a percentage of nests are still
expected to be unsuccessful due to missed nests or relocation failures. Some indirect impacts may include
an increased disturbance of nesting females and reduced availability of suitable nesting habitat due to
changes in the beach's physical characteristics, such as increased escarpment formation, increased
compaction levels, and other changes.
Beach quality material that is compatible with native beach material and meets the NC Division of
Coastal Management's sediment criteria 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. The mean average grain size of the beach
reference and core samples is very important to determine beach compatibility. It should be noted that
there is considerable grain size difference between the beach (0.17 mm — 0.23 mm) and the sampled cores
(0.362 mm — 0.376 mm).
In conclusion, the NCWRC is concerned with the increased frequency and extent of beach nourishment
and the potential cumulative impact of these projects to shoreline habitats. However, we recognize the
complexities of maintaining access for residents, recreation and tourism in such a dynamic environment.
While we prefer the project be constructed outside of the sea turtle and shore bird nesting moratoria, we
will not object to the issuance of the permit provided measures to minimize impacts to wildlife resources
are included and NCWRC is allowed to work with our federal partners and the contractor to ensure the
most effective mitigation strategies are employed. These strategies include but are not limited to sea turtle
trawling procedures (true relocation versus non -capture trawling), incidental capture protocols, nighttime
construction guidelines, and monitoring protocols.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria. dunngncwildlife. org