07 - Attachment N - Monmouth Beach Renourishment-FWS Concurrence.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

New Jersey Field Office 4 East Jimmie Leeds Road, Suite 4

Galloway, New Jersey 08205

(609) 646-9310

In Reply Refer To:

2023-0078928

May 9, 2023

Michael Oseback, Chief Environmental Analysis Branch U.S. Army Corps of Engineers, Planning Division 26 Federal Plaza, Room 2151 New York, New York 10278-0090 Attn: Amy Mistry

Dear Mr. Oseback:

This Streamlined Biological Opinion (SBO) concludes project-level consultation pursuant to Section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) (ESA) for the U.S. Army Corps of Engineers (Corps) proposed beach renourishment in the Borough of Monmouth Beach, Monmouth County, New Jersey. Effects to listed species from the Corps’ 50-year program of beach nourishment and renourishment along a 21-mile section of Monmouth County’s Atlantic coast shoreline were evaluated in the U.S.

Fish and Wildlife Service’s (Service) 2002 Programmatic Biological Opinion on the Effects of Completion of Sections I and II of the Atlantic Coast of New Jersey Beach Erosion Control Project Sea Bright to Manasquan, Monmouth County, New Jersey on the Piping Plover (Charadrius melodus) and Seabeach Amaranth (Amaranthus pumilus) (PBO). This SBO covers only the proposed 2023-2024 renourishment event, including potential direct and indirect effects to federally listed species that may occur during and after construction.

Subsequent events will be considered separate Federal actions and will require individual streamlined consultation under the PBO.

CONSULTATION HISTORY

Correspondence was exchanged among the Service and the Corps regarding the subject beach re- nourishment. A chronology of key correspondences is provided below.

March 24, 2023 Via email, the Corps notified the Service of the planned maintenance dredging and associated beach renourishment.

April 6, 2023 Via email, the Service recommended the Corps submit the proposed beach renourishment activities to be reviewed under the SBO and all other project activities would be reviewed under informal ESA Section 7 consultation.

April 13, 2023 Via email, the Corps requested the initiation of streamlined formal consultation under the SBO regarding the subject project as well as made “no effect” determinations for all other project activities.

May 8, 2023 Via email, the Service requested confirmation that beach renourishment activities would occur between Fall 2023 and Winter 2024 and the Corps confirmed.

May 8, 2023 Via email, the Service requested confirmation that beach renourishment activities would occur outside of the piping plover season. The Corps replied that they do not yet have a specific schedule but anticipate the work to be completed before the piping plover nesting season.

May 9, 2023 Via email, the Service confirmed with the Corps conservation measures for seabeach amaranth.

PROJECT DESCRIPTION

The Corps proposes maintenance dredging of approximately 150,000 cubic yards (CY) of material from Shrewsbury River, New Jersey, Federal Navigation Project. The dredged material from the entrance channel will be placed at a nearshore placement area or Sea Bright Offshore Borrow Area (SBOBA). The remaining dredged sand will be placed along the shoreline of Monmouth Beach from approximately Center Road to Galilee Drive. The remaining silty/clay material will be placed at a contractor furnished, state permitted, upland placement site(s). The work is anticipated to occur in Fall 2023 through Winter 2024.

APPLICABILITY OF THE PBO

All impacts from sand placement along the shoreline of Monmouth Beach were considered in the PBO. The PBO did not contemplate the Shrewsbury River as an offshore bottom area proposed for sand borrow. However, the Corps has made a “no effect” determination for using the Shrewsbury River as a borrow area. Additionally, impacts to listed species from sand placement and grading to the approved profile would be the same regardless of the sand source, provided that the material is of appropriate and compatible grain size.

Therefore, provided all applicable measures of the PBO are followed during placement, the effects of beach re-nourishment are adequately covered by the PBO.

ADHERENCE TO MEASURES TO MINIMIZE IMPACTS TO FEDERALLY

LISTED SPECIES

Relevant conservation measures proposed by the Corps for protection of federally listed species, and reasonable and prudent measures imposed by the Service to minimize take of federally listed species, are specified within the PBO and are applicable to all SBO projects authorized by the Corps. All applicable measures will be followed during the 2023-2024 renourishment.

Piping Plovers have historically nested within the project areas in Monmouth Beach.

The beach nourishment is proposed to occur between Fall 2023 and Winter 2024 and will be conducted outside the piping plover nesting season. If the Corps needs to extend project activities in this area beyond March 1, 2024, please contact this office to discuss conservation measures for the piping plover, which may include, but not be limited to, the presence of a qualified piping plover monitor.

Prior to project construction, a qualified botanist will conduct a survey for seabeach amaranth within the project action area to reduce impacts during the seabeach amaranth growing season (May 15-November 30). Should seabeach amaranth be identified within the project action area, symbolic fencing will be erected encompassing a 3-meter protective buffer around the plants if practical. All construction activities will avoid all delineated locations of seabeach amaranth where feasible. Additionally, in locations where seabeach amaranth is present in high density and/or notably large plant size (≥20 centimeters in diameter) during the 2023 growing season, the surface sand will be stockpiled, if such areas will be buried by fill, before placement of fill material.

After fill material is placed, the stockpiles that contain seabeach amaranth and its seeds will be redistributed.

STATUS OF THE SPECIES

Relevant biological and ecological information for the piping plover and seabeach amaranth was provided to the Corps in the PBO. That information remains pertinent and was considered by the Service in formulating this SBO.

ENVIRONMENTAL BASELINE

The environmental baseline for the Corps' overall program for Federal beach nourishment, renourishment, stabilization, and restoration activities along the Atlantic Coast of New Jersey within the New York District was established and fully described within the PBO. New information regarding the status of the piping plover and seabeach amaranth within the project action area since issuance of the PBO has become available.

Within the project action area, there has been documented piping plover nests within the past three years. In 2020, 2 piping plover nests were observed, five piping plover nests were observed in 2021, and two piping plover nests were observed in 2022 in the northern portion of the project action area. For each year, at least one of the nests successfully hatched.

Within the project action area, there have been numerous documented seabeach amaranth plants within the past three years. During a state-wide survey for the species, approximately 100 occurrences of seabeach amaranth plants were recorded in 2021 and approximately 254 occurrences of seabeach amaranth were recorded in 2022.

Species abundance and distribution within the action area is influenced by high levels of recreational beach use, past cycles of beach nourishment, and municipal management practices that include beach raking. The project action area is designated a Protected Zone in the approved Beach Management Plan for the Borough of Monmouth Beach and is adjacent to a designated Recreational Zone (Borough of Monmouth Beach Beach Management Plan for the Protection of Federally and State-Listed Species 2022).

EFFECTS OF THE ACTION

Following review of the information provided by the Corps regarding Center Road to Galilee Drive, the Service has determined that the potential effects of the project are consistent with those addressed in the PBO and are hereby incorporated by reference. No direct adverse impacts to these species are anticipated based on the timing of work and based on adherence to the avoidance and sequencing protocols included in the PBO. Use of the subject beach by listed species following renourishment may increase. The continued implementation of those PBO provisions that address post-nourishment indirect effects (e.g., from beach management and recreation) is an important factor in the Service’s conclusion that all likely project effects are consistent with the PBO. This includes continued Corps support for the development and implementation of local Beach Management Plans.

CONCLUSION

Actions and effects associated with the request for the 2023-2024 beach renourishment project are consistent with those identified and discussed within the PBO. After reviewing the size and scope of the project, the environmental baseline, the status of federally listed species within the project action area, and the effects of the action, it is the Service's Biological Opinion that the proposed Fall 2023 – Winter 2024 beach renourishment project is not likely to jeopardize the continued existence of the piping plover or seabeach amaranth. No critical habitat has been designated for these species within the project action area; therefore, no critical habitat will be affected.

INCIDENTAL TAKE STATEMENT

Section 9 of the ESA and the Federal regulation pursuant to Section 4(d) of the ESA prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in the death or injury to listed species by significantly impairing essential behavioral patterns such as breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of carrying out an otherwise lawful activity.

Under the terms of Section 7(b)(4) and Section 7(a)(2), taking that is incidental to, and not intended as part of the agency action is not considered a prohibited taking under the ESA, provided that such taking is in compliance with the terms and conditions of this Incidental Take Statement. The indirect effects of the Fall 2023 to Winter 2024 Center Road to Galilee Drive renourishment sand placement activities are anticipated to result in harm in the form of reduced habitat quality along approximately 0.64 mile of the Atlantic shoreline. The type and amount of anticipated incidental take is consistent with that described in the PBO and does not cause the total annual level of incidental take in the PBO.

REASONABLE AND PRUDENT MEASURES AND TERMS AND CONDITIONS

To be exempt from the take prohibitions of Section 9 of the ESA, the Corps must implement all pertinent reasonable and prudent measures and terms and conditions, as stipulated in the PBO, to minimize the impact of anticipated incidental take of piping plovers. The Service has determined that no new reasonable and prudent measures beyond those specified in the September 2002 PBO are needed to minimize the impact of incidental take anticipated for the subject re- nourishment project. Please review the PBO terms and conditions with the Service to ensure they are carried out appropriately.

REINITIATION - CLOSING STATEMENT

This concludes streamlined formal consultation on the effects of the Corps’ proposed request for beach renourishment between Center Road to Galilee Drive. As provided in 50 CFR Section 402.16, re-initiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been maintained (or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded; (2 ) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this opinion; or, (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending re-initiation.

INFORMAL CONSULTAITON FOR RUFA RED KNOT

Relevant biological and ecological information to inform informal consultation for the rufa red knot is available in the 2020 Species Status Assessment (https://ecos.fws.gov/ServCat/DownloadFile/187781). There have been no documented rufa red knot sightings within the project action area within the past three years. The nearest documented sighting of red knot occurred approximately 1.5 miles north of the project area in 2010 (eBird 2023). The use of the project area by rufa red knot can be considered negligible based on the lack of documented use within the past three years.

Based on review of the mapping provided by the Corps, eBird survey records, and best available species occurrence data, the Service concluded that the 2023-2024 project area is suitable but unoccupied habitat for the rufa red knot. Therefore, the Service concurred with the Corps’ determination that the subject renourishment is not likely to adversely affect the rufa red knot.

CONCLUSION

This concludes streamlined formal consultation for the piping plover and seabeach amaranth, and informal consultation for the rufa red knot, for the Corps 2023-2024 renourishment of the Borough of Monmouth Beach between Center Road to Galilee Drive. Please contact Rebecca Klee at Rebecca_Klee@fws.gov if you have any questions or require further assistance regarding threatened or endangered species.

Sincerely, Eric Schrading Field Supervisor https://ecos.fws.gov/ServCat/DownloadFile/187781 mailto:Rebecca_Klee@fws.gov cc:

Michael Oseback - michael.j.oseback@usace.army.mil Amy Mistry - amy.p.mistry@usace.army.mil Christina (Kashi) Davis - christina.davis@dep.nj.gov Wendy Walsh - wendy_walsh@fws.gov

REFERENCES

eBird.org. 2022. eBird: An online database of bird distribution and abundance [web application]. Available at htttp://www.ebird.org/. [Accessed May 8, 2023]

U.S. Fish and Wildlife Service, Conservation Wildlife Foundation, New Jersey Department of Environmental Protection – Division of Fish and Wildlife Endangered and Nongame Species Program. 2022. Borough of Monmouth Beach Management Plan for the Protection of Federally and State-Listed Species. U.S. Department of the Interior, Fish and Wildlife Service, Galloway, New Jersey. 9-10 pp.

http://www.ebird.org/