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Home My WebLink About14aug2013 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. Ln Ln 0 In .LA E 4- E 0 LU 4w, uj (V o E =3 CU .q W w CO C> r- v z 0 rq z w a E m 0 z LU 0 r 'I Z w X, lu m i 2� its 7- cli 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. zx f, 3 f;3 f 4I o � h 1• 4 f Z I 4 �s" �N Fort Fisher ( State, ., _ I �II t4 Legend 4 }r KURE BEACH SOUTHERN MUNICIPAL BOUNDARY NEW HANOVER COUNTY SOUTHERN BOUNDARY x KURE BEACH STORM DAMAGE R EDOCTION AREA frta o FORMER CORN CAKE INLET LOCATION (33.91433 N.T7.94408 W) r' r Figure 1. Fart Fisher State Park/CornGeke Inlet a i •i4 -i F � 4 ! •. i-i i �� i "" ' i i •, • .. r -� • 8 ! •'it i • s •- � � � < ,, iii i ' i - _ i! • •" i # ••i �#' �� • � iii "# i - i !- '� •i '!i • i • - ice: � - i • - # � '+�" -� "" -- f ! i• � ice _ •�' !i '• ii i '• i � ' 1 i i i !i•it - ! s ,i . -i ,. a i ' • � - • iii .� b • . .# - i i i � ,� .� ,. ,, - •' • i i ;i i - i i • � i �; •� i # � ��y y i • i ! i} • i ,. � ! i ! - (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 1 I ,e ,r I s•'�sI i r� , Legend m..e... MUNFCIPAL&O41NGr40fES CAROLINA BEACH STORM DAMAGE RED'YFION AREA I` C + ^.. KURE BEACH STORIA DAMAGE REDUCTIN4 AREA I I-ir Air __ag 4Ar8 _ r kT�st? 'rObeCRx... Kure B%each NC . ........................ Figure 2. Kure Beach, North Carolina CSDR Project W4' .E Legend 4 6 t �-1 } S } {a �1 a,. _ 4 ( 1 7771��tlyy'y �NI 1 1 f 4 R13gVHP/411SNRM MMIRE REp10110M 3861 ih � I �' ev i } }} 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