Southeast Regional Office th Avenue South. Ref.: SAJ , Town of Longboat Key, North End Groin Construction, Manatee County, Florida

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1 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office th Avenue South St. Petersburg, Florida sero. nmfs. noaa. gov MAR F /SER31: KBD SER Mr. Kevin O' Kane Chief, Tampa Section Department of the Army Jacksonville District Corps of Engineers Princess Palm Avenue, Suite 120 Tampa, Florida Ref.: SAJ , Town of Longboat Key, North End Groin Construction, Manatee County, Florida Dear Mr. O' Kane: This document responds to the April 16, 2012, letter requesting National Marine Fisheries Service ( NMFS) concurrence with the Army Corps of Engineers ( USACE) Jacksonville District' s project - effect determinations under Section 7 of the Endangered Species Act (ESA) for the referenced USACE permit application. The Town of Longboat Key has applied for a USACE permit to conduct in -water construction. NMFS requested the preparation of a biological assessment ( BA) by letter dated June 18, 2013, and received the BA on September 12, You determined the project may affect Kemp' s ridley, green, and loggerhead sea turtles and is not likely to adversely affect smalltooth sawfish, and requested formal consultation with NMFS. Our determinations regarding the effects of the proposed action are based on the description of the action in this informal consultation. You are reminded that any changes to the proposed action may negate the findings of the present consultation and may require reinitiation of consultation with NMFS. The proposed project is located at latitude N, longitude W, North American Datum 1983 ( Figure 1), on the north end of Longboat Key, Manatee County, Florida. The proposed action is to construct a rubble mound terminal groin ( if needed) adjacent to Longboat Pass near reference monument R -42 and two permeable adjustable groins (PAG) between North Shore Road and R -44. The terminal groin would be 750 feet long. The northern permeable groin would be 250 feet long and the southern groin would be 150 feet long. Work includes pre - filling the groins with 30,000 cubic yards of truck- hauled sand, as well as groin maintenance and adjustment over a period of ten years. Construction equipment and materials staging will occur from the near -shore waters via barge- mounted equipment and also via truck or conveyor belt to the beach. All transportation of materials and personnel. will be from the uplands. The Town of Longboat Key may elect to construct the structures all at once or they may use a phased approach. If a phased approach is used, the permeable groins would be constructed first, followed by the terminal groin, if it is determined that it is needed. Construction of the terminal groin and each PAG is expected to take approximately 3 to 4 months to complete. The BA states that dredging at offshore borrow areas for sand to fill the groins may be part of the proposed action. However, according to information provided by the project contractor on February 19, 2014, the Town of Longboat Key is in the final stages of developing plans and specifications to af'

2 use sand from upland sources for the pre -fill phase of the project. No offshore dredging of borrow areas will be conducted and thus no take of sea turtles from dredging or relocation trawling is expected or authorized for this proposed project. The intent of the long -term shoreline stabilization actions is to reduce sediment loss around the north end of the island and to create a more stable beach, which would also provide more stable and suitable habitat for nesting and hatching sea turtles. The applicant will use turbidity controls and comply with NMFS' s Sea Turtle and Smalltooth Sawfish Construction Conditions, dated March 23, Water quality for turbidity will be monitored throughout construction to ensure turbidity does not exceed 29 NTU above background outside the mixing zone. The nearest offshore hardbottom resources are approximately 4, 000 ft south of the proposed project area and will not be affected by sedimentation. Mira Anni \' Z Anna Wend 1C A Notes: Legend: 1. Coordinates are in feet based on the Florida State Plane Coordinate System, West Zone, North American Datum of 1983 ( NAD 83) aerial photography downloaded from Manatee County GIS Department. Proposed Project Design Groin Alternatives Fill Area FDEP Monument Feet 1 inch = 400 feet Figure 1. Location of proposed groins on the north end of Longboat Key 2

3 We believe that smalltooth sawfish and sea turtles ( Kemp' s ridley, leatherback, green, and loggerhead) may be present in or near the action area and may be affected by the project. Sea turtles nest on Longboat Key annually, including at the north end of the Key in Loggerheads are the dominant nesting species, comprising more than 90% of nesting activity each year between 2002 and 2011 ( BA at 32). Between 2002 and 2011, Loggerheads have laid between 142 and 293 nests per year. Leatherbacks and hawksbills have been recorded nesting on Longboat Key only rarely. All four sea turtles species have been documented using marine habitats offshore of Longboat Key. The site is located in the proposed critical habitat ( nearshore reproductive habitat only) for loggerhead ( LOGG- N -30). We identified the following potential effects to listed sea turtles and smalltooth sawfish and concluded that they are not likely to be adversely affected by the proposed action; hence, formal consultation is unnecessary. Effects on sea turtles and smalltooth sawfish include the risk of injury from construction machinery and materials, which will be discountable due to the species' mobility. Implementation of NMFS' s Sea Turtle and Smalltooth Sawfish Construction Conditions will provide additional protection. The existing eroded condition of the north end of Longboat Key where the construction will occur limits the potential for successful nesting by sea turtles, and thus would limit the potential for hatchlings to be in the project area. Sea turtles and smalltooth sawfish may be affected by being temporarily unable to use the sites nearest to the shore due to potential avoidance of construction activities and related noise, and physical exclusion from areas contained by turbidity curtains, but these effects will be insignificant. There are no seagrasses within the project site; therefore, loss of foraging habitat and potential effects to sea turtles and smalltooth sawfish are insignificant. Further, as discussed above, the existing eroded condition of the project area is not conducive to sea turtles laying nests. The proposed action is restorative in nature and post - construction access to restored portions of the beach should benefit sea turtles, specifically in re- creating beach nesting habitat. Once the beach is stabilized and restored, sea turtles may begin to increase nesting activity in the project area. Groins and other structures can adversely affect adult sea turtles seeking access to beaches to nest. Those effects are under the purview of the U. S. Fish and Wildlife Service. Groins may also impact hatchling sea turtles by entrapment, impeding swimming behavior, and concentrating predators in areas were hatchlings emerge from the beach. The openings within the precast sections of the permeable groins are too small for adult sea turtles to enter. Based on regular monitoring of other PAGs constructed on Longboat Key, only one anecdotal account of a hatchling caught under a groin has been reported. NMFS expects the openings within the proposed PAGs to be used for this project would allow any hatchlings to be flushed through the structure should they unintentionally swim into it. There are no crevices to entrap hatchlings. Additional conservation measures are required of the applicant including monitoring of the groins to ensure no adult or hatchling turtles become trapped in the precast sections of the permeable groins or within the rubble of the terminal groin. This monitoring will be a required condition of the Florida Department of Environmental Protection permit, and is applicable for as long as the groins exist. Entrapment of sea turtles, particularly hatchlings, will require reinitiation of consultation with NMFS. While the project area is located in proposed critical habitat for loggerheads, this area is not currently functioning as nearshore reproductive habitat because the beach has recently 3

4 experienced considerable erosion (Figure 2) and the offshore areas are not being used for effective access to and egress from nesting. The proposed physical and biological features essential to loggerhead conservation in this particular unit of proposed critical habitat are listed below, with a discussion of their current condition: 1) Nearshore waters directly off the highest density nesting beaches as identified in 78 FR ( March 25, 2013) to 1. 6 km offshore; ( there currently is no nesting habitat available). 2) Waters sufficiently free of obstructions or artificial lighting to allow transit through the surf zone and outward toward open water; and ( as shown in Figure 2, there are dead trees in the surf area that could obstruct adult and hatchling turtles). NMFS believes the groins will be placed far enough part so that they will not act as obstructions that would prevent transit through the surf zone to the open water. 3) Waters with minimal manmade structures that could promote predators (i. e., nearshore predator concentration caused by submerged and emergent offshore structures), disrupt wave patterns necessary for orientation, and/ or create excessive longshore currents. NMFS believes that the addition of the groins will improve the condition of the nesting beach, but will not increase the likelihood of predator concentration, or cause wave patterns to be modified to the extent that it will disrupt orientation nor cause excessive longshore currents. Figure 2. North end of Longboat Key showing recent effects of erosion and lack of beach. In summary, we have analyzed the potential effects of the action on sea turtles and smalltooth sawfish, and proposed critical habitat for loggerhead sea turtles, and conclude that the species and critical habitat are not likely to be adversely affected by the proposed project. This concludes your consultation responsibilities under the ESA for species under NMFS' s purview. Consultation must be reinitiated if a take occurs or new information reveals effects of the action 4

5 not previously considered, or the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat in a manner or to an extent not previously considered, or if a new species is listed or critical habitat designated that may be affected by the identified action. We have enclosed additional relevant information. If you have any questions regarding this consultation, please contact Kay Davy, Consultation Biologist, by e- mail at Kay.Davy@noaa.gov or (727) We look forward to further cooperation with you on other projects to ensure the conservation and recovery of our threatened and endangered marine species. Sincerely, k.3/4.n. Roy E. Crabtree, Ph.D. Regional Administrator Enc.: 1. Sea Turtle and Smalltooth Sawfish Construction Conditions (Revised March 23, 2006) 2. PCTSAccess and Additional Considerations for ESA Section 7 Consultations Revised June 11, 2013) File: F. 4 5

6 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service' s Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at " no wake/ idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes ( e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/ dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/ or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service' s Protected Resources Division ( ) and the local authorized sea turtle stranding/ rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006

7 PCTS Access and Additional Considerations for ESA Section 7 Consultations Revised ) Public Consultation Tracking System ( PCTS) Guidance: PCTS is a Web -based query system at https: / /pcts.nmfs.noaa.gov/ that allows all federal agencies ( e.g., U.S. Army Corps of Engineers USACE), project managers, permit applicants, consultants, and the general public to find the current status of NMFS' s Endangered Species Act (ESA) and Essential Fish Habitat (EFH) consultations which are being conducted (or have been completed) pursuant to ESA Section 7 and the Magnuson- Stevens Fishery Conservation and Management Act' s ( MSA) Sections 305( b)2 and 305( b)( 4). Basic information including access to documents is available to all. The PCTS Home Page is shown below. For USACE - permitted projects, the easiest and quickest way to look up a project' s status, or review completed ESA/ EFH consultations, is to click on either the " Corps Permit Query" link (top left); or, below it, click the " Find the status of a consultation based on the Corps Permit number" link in the golden " I Want To..." window. Fy, a e NOM` `. JTJxnNAM Fn. n CONSULTATION CONS! TRACKING SYSTEM a. 7 CORPS PER IT QUERY reoeral AGENCY NmES LOON About PCTS s ec9 w... w.. r. I I Wa4 w nw aver css.. r -nmy 9 Wm (FCT91 e: T Mxmaa. vwp.+vm.. nn! amen, 4).. laarr.: cor.. Mw Cv ntryl, 1 I r_ AWa. CCD. tyc a 0 9DIO...( ES& A; a. F... aani at. I en u q.. m4w fld 00n. Yl.1: 1n I ]Glace: al ISK Then, from the " Corps District Office" list pick the appropriate USACE district. In the " Corps Permit #" box, type in the 9 -digit USACE permit number identifier, with no hyphens or letters. Simply enter the year and the permit number, joined together, using preceding zeros if necessary after the year to obtain the necessary 9 -digit (no more, no less) number. For example, the USACE Jacksonville District' s issued permit number SAJ (LP -CMW) must be typed in as for PCTS to run a proper search and provide complete and accurate results. For querying permit applications submitted for ESA/ EFH consultation by other USACE districts, the procedure is the same. For example, an inquiry on Mobile District' s permit MVN is entered as after selecting the Mobile District from the " Corps District Office" list. PCTS questions should be directed to Eric Hawk at or (727) i

8 EFH Recommendations: In addition to its protected species /critical habitat consultation requirements with NMFS' Protected Resources Division pursuant to Section 7 of the ESA, prior to proceeding with the proposed action the action agency must also consult with NMFS' Habitat Conservation Division (HCD) pursuant to the MSA requirements for EFH consultation ( 16 U.S. C ( b)( 2) and 50 CFR , subpart K). The action agency should also ensure that the applicant understands the ESA and EFH processes; that ESA and EFH consultations are separate, distinct, and guided by different statutes, goals, and time lines for responding to the action agency; and that the action agency will (and the applicant may) receive separate consultation correspondence on NMFS letterhead from HCD regarding their concerns and/ or finalizing EFH consultation. Marine Mammal Protection Act (MMPA) Recommendations: The ESA Section 7 process does not authorize incidental takes of listed or non - listed marine mammals. If such takes may occur an incidental take authorization under MMPA Section 101 ( a)( 5) is necessary. Please contact NMFS' Permits, Conservation, and Education Division at ( 301) for more information regarding MMPA permitting procedures.