14aug2013 meeting package WILMINGTON-NEW HANOVER
PORT, WATERWAY& BEACH COMMISSION
14August2013
Meeting Minutes
Port, Waterway & Beach Commission (PWBC) meeting participants: (attendance sheet
attached).
Chairman Weaver called the meeting to order at 4:00. The Chairman welcomed the group and
each introduced themselves. The June 2013 meeting minutes were approved and the PWBC
fund balance was noted at ^'$9,131.98.
Old Business:
• The Chamber of Commerce has reconciled their billing and compiled their historical
records. A check for the remaining balance has been cut and once received will be
given to the New Hanover County (NHC) Finance Office for management. As
previously approved, the fund will be used for program sponsorships during the NC
Beach Inlet and Waterway's (NCBIWA) fall and spring conferences until expended.
NHC staff will move historical files from the Chamber to the NHC Government
Center.
• The US Army Corps of Engineers' (USACE) pre-final balance for the 2013 coastal
storm damage reduction (CSDR) project on Carolina Beach (CB) and Kure Beach was
discussed.
• Pre-final room occupancy tax (ROT) expenditure is $4.2M
• Placement volumes in cubic yards(cy) are 989K and 590K for Carolina and
Kure respectively
• The USACE planning surveys for the fiscal year 2014 (FY14) CSDR project on
Wrightsville Beach (WB) are in house and USACE engineers are reducing the data
determining current template volumes.
• The FY14 Presidential USACE budget included the WB CSDR ($4M)
• The FY14 NC budget included the WB CSDR(1.08M)
• The NC Division of Water Resources (NCDWR) and the NC Division of Coastal
Management (NCDCM) have selected the Land Management Group (LMG) to
develop cost and schedule estimates for an umbrella permitting path for locally held
NCDCM and USACE shallow draft inlet authorizations. Participants in the
reconnaissance phase are (Bogue, Topsail, CB, Lockwoods Folly and Shallotte). If
NHC proceeds into the next permitting phase, the permitting costs could be room
occupancy tax (ROT) eligible. Having a NHC held authorization could provide
additional flexibility for CB Inlet management and would not eliminate current
options.
• The US Fish and Wildlife Service's (USFWS) public hearing regarding proposed critical
habitat for loggerhead sea turtles was held on 7August 2013. NHC submitted
supplemental comments (261uly 2013, copy included) to USFWS requesting a
reduced linear footprint. Additional comments may be submitted during the second
public comment period for the USFWS's proposed designation. Staff was asked to
provide a bullet summary of the supplemental comments; the bullets are attached
and within the meeting summary.
• The PWBC's revised charter was approved by the County Commissioners (11uly2013)
• Vice chair Andrew provided an update of upland confined disposal (CDF) areas'
usage along the Atlantic Intracoastal Waterway (AIWW) within the Masonboro
Island Research Reserve.
• The USACE responded with limited data and advised a freedom of
information act (FOIA) request.
• NCDCM has implemented procedural changes where the NCDCM Reserve
and NCDCM Regulatory staffs interface during a permit request for cdf use.
New Business:
• National Marine Fisheries Service (NMFS) has proposed waterside critical habitat for
the loggerhead sea turtle
• Reproductive critical habitat mimics the USFWS's terrestrial areas including
Carolina Beach Inlet south to Lockwoods Folly Inlet including shorelines,
inlets and river mouths from mean high water (MHW) waterward east one
mile.
• Wintering critical habitat is proposed from the 20 meter depth contour out
to the 100 meter depth contour
■ Mr. Rogers noted the 20 meter contour is approximately 3 miles off
WB
• NHC has requested a public hearing in Wilmington; tentative dates are Sept.
Stn or 11th. Confirmation has not been received.
• NHC is developing comments to the NMFS (before 16September 2013)
proposed designation. Distribution will follow previous protocol.
• The annual shoreline and inlet shoulder survey request for qualifications (RFQ) has
been provided to NHC contracts and will soon be advertised.
• Mr. Kellam requested clarification of the scope's footprint.
• Staff responded; within the current CSDRs, Masonboro Inlet, Masonboro
Island, CB Inlet and Pleasure Island south to Corncake Inlet.
• Currently contracted Mason Inlet survey data is separate but will be merged
ensuring a seamless WB oceanfront data base.
• Staff opined that Rich Inlet was thought to be in Pender County.
• The NHC held KB CSDR authorization scope and contract have been provided to the
contractor for execution. A notice to proceed will be issued following County
Commissioners' approval.
PWBC General Discussion Points:
• Mr. Shuttleworth led a group discussion regarding current and future budgeting for
Carolina Beach Inlet's maintenance dredging.
Public Comment:
• Ms. Riely and Mr. Rogers led a group discussion of the new flood insurance rates,
trigger dates of pre-flood insurance rate map (FIRM) structures and post-FIRM
structures.
o Ms. Riely provided a pre-FIRM structural count in a spreadsheet format to
each beach community
The meeting was adjourned at approx. 5:10 pm.
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15August 2013
Position bullets supporting a reduction in the proposed US Fish and Wildlife Service's (USFWS)
loggerhead sea turtle (Caretta caretta) critical habitat in New Hanover County(NHC)
USFWS's proposed critical habitat designation (terrestrial) in New Hanover County is a "supporting
nesting beach" from Carolina Beach Inlet south to the former location of Corncake Inlet totaling
approximately 11.5 miles.
NHC's proposed alternative is from the south end of Ft. Fisher's rock revetment to the former location of
Corncake Inlet totaling approximately 4.5 miles. NHC's proposed 4.5-mile designation includes Fort
Fisher State Park, portions of the Zeke's Island Reserve and south to the ephemeral Corncake Inlet
• NHC alternative includes a shoreline containing all the physical and biological features (PBF)
denoted in the proposed rule, as well as the primary constituent elements (PCE) essential to the
species conservation
• NHC alternative includes a shoreline with the immediate adjacency of a USFWS designated "high
density nesting beach" (Bald Head Island)
• NHC alternative, albeit reach specific, has a 17-year average of 19 nests per year exceeding the
proposed rule's minimal nesting's as compared to Kure and Carolina Beach 8 and 7 respectively
• NHC alternative includes a comparatively pristine shoreline with a single shoreline structure
managed for daytime/seasonal use
• NHC alternative includes a shoreline currently managed for public access
• NHC alternative includes a shoreline currently managed for natural (birds and turtles) resources
• NHC alternative includes a shoreline currently coordinated with the North Carolina Wildlife
Resources Commission (NCWRC)for sea turtle monitoring
• NHC alternative includes a shoreline with no active coastal storm damage reduction or inlet
management projects
Commenting:
(1) Elcctronically:
htt1):/Avvvyv.regulations.gov/#!searcliResults,rPp-23,Po=0;s=FWS-R4-es-2012-0103,f)=tnae,ns=tnae
(2) hard copy:Submit by U.S.mail
or hand-delivery to:Public Comments
Processing,Attn:FWS—R4—ES-2012-
0103:Division of Policv and Directives
Management:U.S.Fish and Wildlife
Service;4401 N.Fairfax Drive,MS
2042—PDM;Arlington,VA 22203.
CHRIS COUDREET
NEW HANOVER COUNTY County Manager
OFFICE OF THE COUNTY MANAGER -
230 GOVERNMENT CENTER DRSTE 195 AVREL M.PINDER,CPA
WILMINGTON,NORTH CAROLINA 28403-1732 Assistant County Manager
TELEPHONE (910)798-7184
FAX (910)798-7277
TIM BURGESS
Assistant County Manager
July 24, 3013
Public Comments (Supplemental)
Processing, Attn:, FWS-ROES-2012-0103
Division of Policy and Directives Management
United States Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042-PDM
Arlington, Virginia 22203
Subject: Designation of Critical Habitat for the Northwest Atlantic Ocean
Distinct Population Segment of the Loggerhead Sea Turtle (Caretta careffa);
Proposed Rule Federal Register, Monday, 25 March 2013; Volume 78, Number
75
New Hanover County (NHC), North Carolina (NC) appreciates this opportunity
and formally provides additional comments on the subject action by the United
States Department of Interior (USDOI), United States Fish and Wildlife Service
(USFWS). Said action is the proposed 11.5-mile critical habitat designation
along Pleasure Island within and adjacent to the municipalities of Kure Beach
and Carolina Beach, NC. NHC would like the Secretary to consider reducing
the planned critical habitat designation LOGG-T-NC-05—Pleasure Island
(NC05PI) from the proposed 11.5 miles to 4.5 miles based on the following
supplemental site specific data as allowed in Section 4(b)(2) of the Endangered
Species Act (ESA).
NHC proposes a 4.5-mile area within NC05PI that includes the Fort Fisher
State Park south to the ephemeral Comcake Inlet (Figure 1). The NHC
proposed 4.5-mile shoreline has resource (birds and turtles) managed public
access, coordinated sea turtle monitoring with the North Carolina Wildlife
Resources Commission (NCWRC), a single shoreline structure managed for
daytime/seasonal use, no active coastal storm damage reduction projects and
is part of the North Carolina Parks system. The proposed 4.5-mile range
contains all the physical and biological features (PBF) denoted in the proposed
rule, as well as the primary constituent elements (PCE) essential to the species
conservation. NHC's proposed 4.5-mile extent has the immediate adjacency of
a high density nesting beach, albeit reach specific (a 17-year average of 19
nests per year), exceeds the proposed rule's minimal turtle nestings and has a
managed public access and use shoreline. These facets corroborate the
USFWS's intent and criteria of a supporting beach facilitating loggerhead
population expansions.
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KURE BEACH SOUTHERN MUNICIPAL BOUNDARY
NEW HANOVER COUNTY SOUTHERN BOUNDARY
x KURE BEACH STORM DAMAGE R EDOCTION AREA
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FORMER CORN CAKE INLET LOCATION
(33.91433 N.T7.94408 W)
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Figure 1. Fart Fisher State Park/CornGeke Inlet
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(1) Carolina Beach Rock Revetment
* Total length approximately 2,050 feet (ft.) completed in 1973
* 35-50 ft. base width and a 6 ft. peak width
* Approximately 23,000 tons of rocks
(2) Kure Beach Sand Bags
• Total length approximately 300 ft.
• Initial permit year 1994
(3) Fort Fisher Rock Revetment
• Total length approximately 3,040 ft. completed in 1995
• Five-ton cast concrete Stapods and three-ton granite rocks
Of the 11.5 miles of the USFWS's proposed critical habitat, approximately
seven miles are jurisdictionally developed or managed. Of these seven
significantly developed miles, over a mile is managed with shore parallel
hardened structures and over one mile (Freeman Park) has 24/7 year-round off-
road vehicle access averaging 2,200 vehicle visits per month. Considering the
hardened structures within both the Kure Beach and Carolina Beach municipal
boundaries and the unrestricted vehicle access to Freeman Park, NHC is
suggesting a 4.5-mile area of high quality nesting habitat versus an additional
seven miles of marginal nesting habitat.
Shoreline Use/Development
In 1962, the United States Congress authorized Coastal Storm Damage
Reduction (CSDR) projects for Kure Beach and Carolina Beach (Figures 2 and
3). The United States Army Corps of Engineers (USACE) and the non-federal
sponsors have successfully managed the Kure Beach and Carolina Beach
CSDR projects. These CSDR projects are on a three-year shoreline
refurbishment cycle aimed at protecting/restoring natural resource habitats,
public and private infrastructure, small businesses, the tourism industry, and
State and local tax bases.
North Carolina CSDR projects are held to standards ensuring the continued
natural and anthropogenic use of NC oceanfront shorelines. Borrow source
areas and materials must meet NC and federal quality criteria including but not
limited to sand chemistry, grain size, percent gradations and color. The natural
resources' seasonal prevalence is a significant consideration during the
planning and execution of each CSDR and inlet maintenance event.
Reasonable and prudent measures are currently listed as permit stipulations to
ensure that endangered and threatened species and their habitats are
protected before, during and after CSDR and inlet events.
The Fort Fisher State Park Rangers implement and coordinate with the
NCWRC for sea turtle monitoring and management. These Park management
efforts occur within NHC's proposed 4.5-mile designation of relatively
undeveloped shoreline from the Fort Fisher State Park south to the transient
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Figure 2. Kure Beach, North Carolina CSDR Project
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Carolina achy, NC
Figure 3. Carolina Beach, North Carolina CSDR Project
Comcake Inlet (Figure 1). The Fort Fisher State Park Rangers seasonally
monitor and manage this 4.5-mile area for shorebird and sea turtle usage. The
Fort Fisher State Park Rangers also coordinate turtle monitoring efforts with
affiliates in unit NC06BHI; a USFWS unit considered as a high density nesting
beach. Considering the significant and successful efforts by the Park staff to
ensure species and habitat protection, the Fort Fisher State Park also
generates substantial direct expenditures from non-local visitors estimated at
over$19 million.
Source. ECONOMIC CONTRIBUTION OF VISITORS TO SELECTED NORTH CAROLINA STATE PARKS. 2008,
Prepared for: The North Carolina State Parks. Prepared by: J,ERUSHA B. GREENWOOD, PH.D. and CANDACE C.
VICK, RE.D.
Of USFWSs proposed 11.5 miles, approximately six miles are currently
authorized and managed within CSDR projects (Kure Beach and Carolina
Beach) and approximately one mile is managed as a beneficial dredge material
placement area (Freeman Park). These seven miles of managed oceanfront
will continue implementing good engineering practices related to protecting
endangered and threatened species and their habitats. Locally managed sea
turtle monitoring efforts have been successfully implemented on Kure Beach
and Carolina Beach since 1989. Documented nesting data within NHCs
suggested 4.5-mile area of the Fort Fisher State Park has a 17-year average of
19 nests per year compared to eight and seven nests per year for Kure Beach
and Carolina Beach respectively. Albeit reach specific, the 17-year average for
Kure Beach and Carolina Beach are below the threshold established by the
USFWS excluding Virginia, Louisiana and Texas beaches from designation
consideration ("less than 10 annually"). Again, NHCs proposed 4.5-mile area
concurs more closely with the USFWS's proposed action of supporting high-
density nesting sites such as NC06BHI (17-year average of 74 nests per year)
with adjacent beaches such as NHCs proposed 4.5-mile reach (Table 1.
Pleasure Island and Bald Head Island turtle nesting data).
Table 1. Pleasure Island and Bald Head Island turtle nes ing data.
Location USFWS Annual Average Averaging Period
Habitat Use (nests) (years)
Bald Head Island High Density 74 17
Fort Fisher State Park Supporting 19 17
Kure Beach Supporting 8 17
Carolina Beach SLIP12orting 7 17
sources: http://www.seaturUe.org/nestdbfindex.shtml?view-beach=15&year=2012 and personal communication
Matthew Godfrey PhD,NC Wildlife Resources Commission 5Apr2013.
Fiscal Effects on Local Government
As a non-federal participant of the Kure Beach and Carolina Beach CSDR
projects and as the permittee of a locally authorized Carolina Beach CSDR,
NHC and the local municipalities are fully engage in all CSDR projects' fiscal
attributes. Elements of good planning, engineering, and construction practices
protecting applicable listed species and their associated habitats are included in
those fiscal aspects. All such planning and implementation measures have
costs which today challenge NC, NHC and local budgets as well as project
timelines. The potential procedural fiscal and temporal unknowns associated
with the proposed critical habitat designation concern NHC.
As noted in the proposed rule, if CSDR projects conducted under a USFWS's
Biological Opinion for the USACE include required terms and conditions
minimizing potential incidental takes; the CSIDR projects are not expected to
result in adverse modification of critical habitat. However, the USFWS has the
authority to determine if locally authorized CSDR projects are potentially
destroying or adversely modifying habitats and therefore can determine
responsive actions. The USFWS furthers NH 's fiscal trepidation with "The
designation of critical habitat in areas currently occupied by the loggerhead sea
turtle may impose nominal additional regulatory restrictions to those currently in
place and therefore, may have little incremental impact on State and local
governments and their activities." NHC's consternation includes the likely
"formal consultation" for every potential action within the critical habitat area.
Such consultation is routinely supported by Biological Assessments and
associated National Environmental Policy Act (NEPA) documents. A critical
habitat designation also portends the likely potential of a mandated Habitat
Conservation Plan (HCP) and associated Incidental Take Permits (ITP). The
proposed rule's narrative minimized the potential economic effects on local
governments; however, no specifics were provided. NHC appreciates the effort
given producing the draft economic analysis; but, if formal consultations are
mandated for any local effort inclusive of federal dollars, federal pen-nitting or
federal participation; NHC anticipates significant planning, permitting,
construction and monitoring effects both in time and capital expenditure. These
likely consequences will have the potential of significant rather than "nominal" or
"little incremental" fiscal effects spanning a local project's planning, permitting,
operation and maintenance.
New Hanover County appreciates the Secretary's patience and Willingness to
consider and accept our supplemental comments on the proposed Designation
of Critical Habitat for the Northwest Atlantic Ocean Distinct Population Segment
of the Loggerhead Sea Turtle (Caretta carella). As the ESA allows in Section
4(b)(2), New Hanover County has provided supplemental information justifying
the linear reduction of the USFWS's proposed critical habitat designation
LOGG–T–NC-05—Pleasure Island. New Hanover County formally requests
the Secretary's consideration and approval of our proposed 4.5-mile
designation as LOG G–T–NC-05—Pleasu re Island. If additional information is
required or questions arise, please feel free to contact H. Layton Bedsole Jr.,
R.E.M. at (9t 0) 798-7104 or at lbedsole @ nhcoov.com.
Sincerely.
hris Cou riet
County Manager
C: Congressman McIntyre
Congressman Jones
Senator Burr
Senator Hagan
Bob Lewis, Mayor, Town of Carolina Beach
Dean Lambeth, Mayor, Town of Kure Beach
Jeff Owen, Superintendent, Ft. Fisher State Park
County Commissioners
H. Layton Bedsole, Jr., R.E.M., Shore Protection Coordinator
WILMINGTON-NEW HANOVER
PORT, WATERWAY& BEACH COMMISSION
Agenda
14August2013 4:00 — 5:30 PM
New Hanover County, Government Center
Finance Conference Room #500
4:00 Call to Order
Welcome/Introductions
Approval of June Meeting Minutes (emailed 14June2013)
PWBC Fund Balance $9,131.98
Old Business
Kure Beach (KB)/Carolina Beach (CB) Coastal Storm Damage Reduction
(CSDR) Project:
• ROT funds originally provided: $8,512,200.00
• ROT funds used: $4,222,462.19
• Cubic yards placed on CB: 989,000
• Cubic yards placed on KB: 590,000
Wrightsville Beach (WB) FY14 CSDR
• USACE xyz WB planning survey data in house
• Volume calculations are underway
• NC budgeted WB's CSDR $1,077,000.00 (50% of the PCA's non-federal cost share
of 35%)
o $4.OM Federal CSDR
o $2.15M Non-fed CSDR
o $6.15M total CSDR
o $4.OM Federal Navigation Mitigation
Shallow Draft Reconnaissance:
• Land Mgt. Group selected by NCDWR (Bogue, Topsail, Carolina Beach,
Lockwoods Folly and Shallotte River Inlets participating)
• Kick-off meeting held on August 6th, final Recon. Report anticipated by 16 Dec.
USFWS Proposed Critical Habitat Designation
• Public Hearing 7Aug2013
• Supplemental Comments Submitted
Revised PWBC Charter: County Commissioner's approved 1July2013
Masonboro Preservation Assoc. and AIWW upland confined disposal
facilities use policy
New Business
NMFS Proposed Critical Habitat Designation
• Public hearing requests by 3Sept2013
• Comments by 16Sept2013
• Joint determination with USFWS
RFQ for Shoreline Transects
Contracting KB Authorization
Public Comment
Adjourn