Appendix K: Essential Fish Habitat Assessment

ENVIRONMENTAL APPENDIX K

CONTINUING AUTHORITIES PROGRAM, SECTION 204, BENEFICIAL USES OF DREDGED MATERIAL, CEDAR ISLAND VIRGINIA

Appendix K - Essential Fish Habitat Assessment

CONTINUING AUTHORITIES PROGRAM, SECTION 204, BENEFICIAL USES OF DREDGED MATERIAL, CEDAR ISLAND, VIRGINIA

Essential Fish Habitat Assessment

Submitted To: National Oceanographic and Atmospheric Administration National Marine Fisheries Service Greater Atlantic Field Office

Norfolk District 803 Front Street Norfolk, Virginia 23510

March 26, 2019

Table of Contents 1.0 INTRODUCTION 4 2.0 PURPOSE, NEED, AND PROJECT SCOPE 4 3.0 STUDY AREA 5 4.0 CURRENT DREDGED MATERIAL PLACEMENT/DISPOSAL PRACTICES 6 5.0 RECOMMENDED PLAN (PREFERED ALTERNATIVE) 6 6.0 BEST MANAGEMENT PRACTICES 8 7.0 ESSENTIAL FISH HABITAT 9 8.0 MANAGED FISH SPECIES 11 Albacore Tuna ...... 11 Atlantic Butterfish ...... 11 Atlantic Sea Herring ...... 11 Black Sea Bass ...... 12 Blacktip Shark (Atlantic Stock) ...... 12 Bluefish ...... 12 Clearnose Skate ...... 12 Common Thresher Shark ...... 13 Dusky Shark ...... 13 Red Hake ...... 13 Sandbar Shark ...... 14 Sand Tiger Shark ...... 14 Scup 14 Smoothound Shark ...... 15 Spiny Dogfish ...... 15 Summer Flounder ...... 15 Windowpane Flounder...... 16 9.0 POTENTIAL IMPACTS AND CUMULATIVE EFFECTS TO ESSENTIAL FISH HABITAT 16 10.0 REFERENCES 18

List of Figures Figure 1. Study Area in the Cedar Island Back-barrier, Virginia ...... 5 Figure 2. Locations of Federal Navigation Channels and Current Open-Water Dredged Material Placement Site in Bradford Bay (shown in orange) ...... 6 Figure 3. Location of Preferred Alternative 1A, Thin-Layer Spraying Site to Enhance Fools Gut Marsh Island ...... 7

List of Tables Table 1. Essential Fish Habitat in the Region of Influence of the Continuing Authorities Program, Section 204, Beneficial Uses of Dredge Material, Cedar Island, Virginia Project (NMFS 2019; David O’Brien, personal communication) ...... 10

Appendix Appendix A - Correspondence and Esssential Fish Habitat Mapper Report

1.0 INTRODUCTION The purpose of this document is to present the findings of the Essential Fish Habitat (EFH) Assessment conducted for the Continuing Authorities Program, Section 204, Beneficial Uses of Dredged Material Cedar Island, Virginia Feasibility Study/Environmental Assessment, as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (Magnuson- Stevens Act), as amended through 1996 (MSA). With implementation of the Recommended Alternative (Preferred Alternative, Alternative 1A), dredged material from the Finney Creek Channel and the Bradford Bay Channel would be used to enhance the Fools Gut Marsh Island. The purpose of this EFH Assessment is to describe how dredged material placement at the Fools Gut Marsh Island may affect EFH designated by the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) and the regional Fisheries Management Council (FMC) for the Region of Influence (ROI) of the project. The ROI is defined as the potential area of impact (in terms of both direct and indirect impacts). The FMC, with assistance from NOAA Fisheries, is required to delineate EFH in fisheries management plans for all federally managed fisheries to conserve and enhance those habitats. The EFH is defined in the MSA as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.”

2.0 PURPOSE, NEED, AND PROJECT SCOPE The lead Federal agency for the feasibility study is the U.S. Army Corps of Engineers (USACE). The non-Federal sponsor for this study is the Commonwealth of Virginia, acting through its agent, the Virginia Marine Resources Commission (VMRC). The Water Resources Development Act of 1992, Continuing Authorities Program Section 204, provides authority for the USACE to beneficially use material dredged from authorized Federal navigational channels for the protection, restoration, and creation of aquatic and related habitats. The purpose and need of this project is to beneficially use dredged material to enhance and/or restore the Cedar Island Back-barrier tidal wetlands, a fragile ecosystem at risk of loss via a sustainable approach that will also protect tidal shoreline wetlands and marsh islands subjected to the continuing threats of erosion, climate change, and sea level rise. The primary goal is to beneficially use the dredged material from the Finney Creek Channel and the Bradford Bay Channel for restoration and/or enhancements of the Cedar Island back-barrier tidal shoreline wetlands and/or marsh islands. The study objectives and opportunities include the following: . Restore and/or enhance tidal shoreline wetlands and/or marsh islands to enhance fish and wildlife habitat; . Incorporate a long-term, sustainable solution to reduce tidal wetland erosion rates and increase sediment accretion rates; . Create more suitable wetland elevations for tidal shoreline wetlands and/or marsh islands; and . Adaptively manage restoration and/or enhancement site(s) to address sea level, subsidence, and erosion rise threats. The proposed action is limited to the beneficial dredged material placement from the Bradford Bay Channel and Finney Creek Channel as the dredging action is accomplished under a separate authority and has been previously covered in other National Environmental Policy Act documents. In addition, the dredging action is not dependent on the beneficial dredged material placement.

3.0 STUDY AREA Cedar Island is a barrier island located within the Delmarva Peninsula in the Virginia Coast Reserve, the largest expanse of protected coastal habitat in the United States. Cedar Island is located centrally within the barrier island chain with the Metompkin Inlet separating Cedar Island from Metompkin Island to the north and Wachapreague Inlet separating Cedar Island from Parramore Island to the south. The western side of Cedar Island (referred to as the Cedar Island Back-barrier, Figure 1) is flanked by channels, tidal wetlands and marsh islands, lagoons, and mudflats. The Atlantic (eastern side of Cedar Island) is comprised of beach and dune habitat and relic wetlands. The coastal mainland Town of Wachapreague is located on the mainland, west of the Cedar Island Back-barrier. This study area initially consisted of the Cedar Island and the associated Cedar Island Back- barrier. However, as the study progressed, the study area was scoped to only include the Cedar Island Back-barrier because the sediments dredged from the channels were not suitable for beach restoration projects.

Figure 1. Study Area in the Cedar Island Back-barrier, Virginia

4.0 CURRENT DREDGED MATERIAL PLACEMENT/DISPOSAL PRACTICES Federal navigation channels authorized for dredging in the Cedar Island Back-barrier Cedar Island Bay Channel, Burtons Bay Channel, Finney Creek Channel, and the Bradford Bay Channel (Figure 2). Dredged materials are currently pumped into Bradford Bay at one active, open-water permitted placement site (Figure 2). Federal navigation channel dredging sites and placement areas are also located north and south of these sites.

Figure 2. Locations of Federal Navigation Channels and Current Open-Water Dredged Material Placement Site in Bradford Bay (shown in orange)

5.0 RECOMMENDED PLAN (PREFERED ALTERNATIVE) The Recommended Plan (or Preferred Alternative) is Alternative 1A (Figure 3) which consists of thin-layer spraying of dredged material over a portion of the Fools Gut Marsh Island located in the Cedar Island Back-barrier. Site 1A is located at a 194 acre portion of Site 1 (Figure 3) at the Fools Gut Marsh Island that is located across the navigation channel from the Wachapreague Marina. The thin-layer spraying would be done via a hydraulic cutterhead dredge equipped with a pipeline that would spray the dredged material from the Federal navigation channel sites that would include Finney Creek and Bradford Bay Channel to the southern portion of the Fools Gut Marsh Island located at Site 1A.

Figure 3. Location of Preferred Alternative 1A, Thin-Layer Spraying Site to Enhance Fools Gut Marsh Island

Prior to the initial thin-layer spraying of dredged material, a topographic survey would be conducted to measure reference wetland elevations and to identify target spray wetland enhancement locations at Site 1A. Physical field markers would be placed at the enhancement site with elevation target information to assist dredge/pipeline operators to correctly locate and place the correct volume of dredged material at the wetland site. Geospatial target wetland enhancement locations will also be provided to the dredge/pipeline operator. A turbidity curtain would be temporarily placed along the edge of the affected marsh island areas to reduce any potential turbidity issues that could be caused by thin-layer spraying into the adjacent navigation channel and Bradford Bay. A Biologist will be onsite during dredging operations to actively monitor marsh elevations and target spray application areas. The quantity of dredged material sprayed during each treatment of the wetland site based on our past dredging survey data would be approximately 77,435 cubic yards. For planning purposes this allows for an approximately six-inch thin-layer spraying across the project site; however, actual thin-layer placement target application elevations would be determined by the topographic survey to be conducted prior to each thin-layer spraying application. The assumed project lifecycle is approximately 50 years. The project construction is anticipated to begin in year 2027 with the initial thin-layer spraying to occur over the 194 acres in Site 1A. Topographic surveys followed by thin-layer spraying would then occur over the site as needed in year 2041 and 2055. The rehabilitations are assumed to use approximately the same dredging volume as the initial construction. This schedule was chosen to coincide with the dredging maintenance cycle that supports the Bradford Bay and Finney Creek navigation channel and anticipated sea level rise effects to ensure we spray at appropriate timeframes to ensure the marsh island is properly maintained. The ecological benefits associated with the recommended plan are estimated to include 63.5 habitat units, as determined by the New England Salt Marsh model, on average each year of the project.

6.0 BEST MANAGEMENT PRACTICES Impact evaluations conducted during preparation of the study have determined that no significant impacts would result from implementation of Alternative 1A. No onsite compensatory wetland or other type of mitigation is anticipated to be required for this project. Below is a listing of planned best management practices/mitigation measures that are impact avoidance and minimization measures that would be implemented with the Action Alternative to the maximum, practical extent. • To minimize air emissions associated with dredge-related equipment, vessels and equipment will not be allowed to run idle and will be shut off to the extent practical when not in use. • Prior to dredged material placement activities a vegetation and topographic survey will be conducted to determine target dredged material placement locations and elevations. Reference cordgrass-dominated marsh topographic survey points will be taken in and in areas around the dredged material placement site prior to help determine target elevations during dredged material placement activities. • Stakes with elevation targets will be deployed out at the dredged material placement site to help guide dredge pipeline operators to the proper locations and so that they have a reference elevation target in the field during dredged material placement activities. • A temporary, Type III Turbidity Curtain will be deployed surrounding the dredged material placement to minimize any potential turbidity to the surrounding water column during dredged material placement activities. • Prior to dredged material placement activities soil testing for sulfates and anaerobic conditions will be conducted to determine suitability of sediments for marsh beneficial dredged material placement. • Exposure to occupational health and safety hazards would be mitigated to the extent practical through adherence to an approved Work Safety Plan that incorporates standard work practices for handling sediments, avoidance of slip and fall hazards, and wearing Personal Protective Equipment.

7.0 ESSENTIAL FISH HABITAT The 1996 amendments to the Magnuson-Stevens Act set forth a mandate for NOAA Fisheries Service, regional Fisheries Management Councils (FMC), and other Federal agencies to identify and protect EFH of economically important marine and estuarine fisheries. To achieve this goal, suitable fish habitats need to be maintained. Essential Fish Habitats in the area of potential impact were initially identified by utilizing the EFH – Data Inventory, available at https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat- mapper (NMFS 2019). We then coordinated this listing with National Marine Fisheries Service who provided comments to this list (David O’Brien, personal communication; correspondence is provided in Appendix A). The finalized listing of EFH in the potential area of impact is provided in Table 1.

Table 1. Essential Fish Habitat in the Region of Influence of the Continuing Authorities Program, Section 204, Beneficial Uses of Dredge Material, Cedar Island, Virginia Project (NMFS 2019; David O’Brien, personal communication)

Species Common Name Species Name Anticipated Life Stage(s) in Project Area

albacore tuna Thunnus alaguna J

Atlantic butterfish Peprilus triacanthus All life stages

Atlantic sea herring Clupea harengus All life stages

black sea bass Centropristus striata All life stages

blacktip shark (Atlantic stock) Carcharinus limbatus A,J

bluefish Pomatomus saltarix All life stages

clearnose skate Raja eglanteria All life stages

common thresher shark Alopias vulpinus A,J,N

dusky shark Carcharhinus J,N obscurus

red hake Urophycis chuss All life stages

sandbar shark Carcharhinus A,J,N plumbeus

sand tiger shark Carcharia taurus A,J,N

scup Stenotomous All life stages chrysops

smoothhound shark (Atlantic Stock) Mustelus A,J,N

spiny dogfish Squalus acanthisas A,J,N

summer flounder Paralicthys dentatus All life stages

windowpane flounder Scopthalmus aquosus All life stages E = Eggs; L = Larvae; J = Juvenile; A = Adult; N = Neonate

8.0 MANAGED FISH SPECIES The seasonal and year-round locations of the designated EFH for the managed fisheries are described below. The EFH determination is based on species distribution and habitat range. Albacore Tuna The ROI has designated EFH for the juvenile life stage of albacore tuna. Albacore are a highly migratory pelagic fish that generally range from 40° to 45°N to 40°S in the western Atlantic Ocean (NMFS 2009). Smaller individuals of this species tend to form aggregations; aggregations of albacore may also contain individuals from other species such as skipjack, yellowfin and bluefin tuna. Albacore tuna forage from epipelagic to mesopelagic waters down to depths of 500 meters (Consoli et al. 2008). This species, as well as other tuna species, are considered opportunistic feeders and, as such, consume a wide variety of fishes and invertebrates (NMFS 2009). Atlantic Butterfish Essential fish habitat for all life stages of the Atlantic butterfish occurs in the ROI. Pelagic waters over the continental shelf are essential habitat for this species, and each life stage has a depth preference. Butterfish eggs are found from near-shore waters to depths of 600 feet, the larvae are collected in depths between 33 and 6,000 feet, while juveniles and adults are found between 33 and 1,200 feet. Preferred water temperature for each life stage also varies. Eggs have been found at water temperatures between 11° and 17°C; larval butterfish are found in temperatures varying from about 9°to 19°C. Juvenile and adult fish are generally found at temperatures between 3°and 28°C (NMFS 2014). Juvenile and adult butterfish are pelagic and overwinter along the 100 fathom contour of the continental shelf from late autumn through early spring. The diet of the Atlantic butterfish is largely composed of plankton (MAFMC and NOAA Fisheries 2011). Both juveniles and adults are common in the high salinity and mixing zones of estuaries from Massachusetts Bay to the Mid-Atlantic during warmer months.

Atlantic Sea Herring The proposed dredging areas fall within designated EFH for all life stages of Atlantic sea herring. Atlantic sea herring are a pelagic, schooling species that can be found in both the eastern and western Atlantic Ocean. In the western Atlantic Ocean, Atlantic sea herring are found from Labrador, Canada to North Carolina. Chesapeake Bay is at the southern limit of the Atlantic sea herring’s range, so abundance of this species is relatively low compared to more northern locations. Within the Chesapeake Bay, adults are most commonly found in high salinity waters. Adults will enter some portions of the Bay itself but will only occur in waters with salinity above 28 ppt (Reid et al. 1999). This species migrates seasonally over long distances between winter and spring/summer habitats, and each Atlantic sea herring population follows a different migration pattern. Atlantic sea herring can live up to 15 years and reach a maximum size of 14 inches (Atlantic Herring 2015). This species reaches sexual maturity at about four years of age. Spawning occurs in highly saline waters over sand, small stone, or gravel substrates. Spawning typically occurs between August and November, and timing varies depending on the stock the fish belong to, with earlier spawning occurring in northern stocks. The diet of adult Atlantic sea herring includes euphausiids, chaetognaths, amphipods, and copepods (Reid et al. 1999). Schools of Atlantic sea herring are strongly correlated with the occurrence of their preferred prey species, as they closely follow their food sources.

Black Sea Bass The proposed alternative occurs with EFH for all life stages of the black sea bass. Larval black sea bass are demersal and tend to settle in waters with temperatures ranging from 13° to 21°C (Steimle et al. 1999b). Juvenile black sea bass occur at a wide variety of temperatures and depths. Juveniles are usually associated with hard bottom habitats, including shellfish grounds, seagrass beds, and man-made structure in areas with predominantly sand or shell substrate. Adult black sea bass are found in either natural or man-made structured habitats with sand and shell as the preferred substrate (NMFS 2014). Juvenile young-of-year migrate to warmer waters offshore or more southerly waters to overwinter. Juveniles migrate to inshore and northerly as waters warm above 6°C. Adults may reside in estuaries from May through October and are generally found in deeper waters offshore during the winter months (Steimle et al. 1999b). Blacktip Shark (Atlantic Stock) The ROI fall within designated EFH for adult and juvenile blacktip sharks. Most adults and juveniles of this are characterized by the presence of black tips on their fins. Juveniles range from 69-155 cm in total length, while adults reach lengths greater than or equal to 155 cm in total length. From the coast of Virginia, south to Florida, juveniles are known to inhabit shallow coastal waters to the 25 meter isobath and adults inhabit waters from the shoreline to the 200 meter isobath. Bluefish The proposed alternative site occurs within an area designated as EFH for all life stages of bluefish. This species is the sole representative of the family Pomatomidae and is closely related to jacks, pompanos, and roosterfish (USACE 2014). Bluefish inhabit the continental shelf waters of temperate zones and is commonly found in large bays and estuaries. Generally, juvenile bluefish occur in Mid-Atlantic estuaries from May through October; adults enter estuaries beginning in April (NMFS 2014). Both adults and juveniles are opportunistic feeders and will forage on available food. The adults and juveniles prefer warm water temperatures (above 14 - 16°C) and migrate south of Cape Hatteras in the winter months. Juveniles are generally found in salinities ranging from 23 to 33 ppt but can tolerate salinities as low as 3 ppt. Adults generally prefer salinities greater than 25 ppt. Bluefish eggs are generally found in the open ocean at temperatures ranging from 18° to 22°C and salinities greater than 31 ppt. Larvae are most often found at the edge of the continental shelf in waters ranging from 18° to 24°C and salinities from 30 to 32 ppt (Fahay et al. 1999). Clearnose Skate The proposed action occurs within an area as designated EFH for all the life stages of the clearnose skate. This is a small species, with lengths averaging between 49 and 60 centimeters, and is characterized by the translucent tissue on either side of the rostrum (Fitz and Daiber 1963; Smith 1997). The dorsal surface of the clearnose skate is tan to dark brown with darker spots and bars and has medially located boney spines that extend the length of the tail (Smith 1997). Essential Fish Habitat for juvenile and adult life stages of this species is found across much of the Atlantic seaboard, ranging from the Gulf of Maine to the Cape Hattaras, North Carolina (NMFS 2017b). Juvenile clearnose skates are found from near-shore waters to depths approximately 500 meters, while adults are found from near-shore waters to approximately 400 meters in depth (NMFS 2017b). Both the juvenile and adult life stages are found at temperatures between 9 and 30°C, though, in more southern areas of their range, optimal temperatures for clearnose skates are between 19° and 30°C (NMFS 2017b). Both juveniles and adults are found in areas with either

soft or gravel substrate. The preferred diet of the clearnose skate consists of crustaceans, bivalves, polychaetes, squids, and fishes (Stehmann and McEachran 1978). Currently, no data is available regarding habitat associations or the distribution of the egg life stage for this species. Common Thresher Shark The proposed project area lies within essential habitat for the adult, juvenile, and neonate life stages of the common thresher shark. This species commonly occurs in warm and temperate waters and is found in both coastal and oceanic waters, though it is thought to be most abundant near land (Strasburg 1958). The common thresher shark is believed to reach maturity between three to seven years of age. This species of shark is viviparous, giving birth to live young, usually having litters of four to six pups (Mancini and Amorim 2006; Castro 1983). At this time, insufficient data is available to differentiate EFH by size classes; therefore, EFH is the same for all life stages (neonate/young-of-year, juveniles, and adults). In the Atlantic Ocean, EFH for this species is found in localized areas off the mid-east coast of Florida, Georgia, South Carolina, and the Gulf of Maine, and from North Carolina through Cape Cod. Dusky Shark The proposed project area lies within essential habitat for the juvenile and neonate life stages of the dusky shark. The dusky shark can reach up to four meters in length. Similar to many elasmobranchs, female dusky sharks give birth to live young. They usually reproduce every three years and typically have litters of six to 14 pups. This species typically eats fish, including smaller elasmobranchs, including other sharks, skates, and rays, though other prey, such as squid and sea turtles, are taken on occasion. In the North Atlantic, they range from Georges Bank through the Gulf of Mexico and prefer warm waters. Due to this temperature preference, more northern populations migrate seasonally. Dusky sharks prefer oceanic salinities and are not commonly found in estuaries, instead inhabiting waters from the coast to the outer continental shelf and adjacent pelagic waters. It is not a common shark, and its slow reproductive rate makes it vulnerable to overexploitation. Essential Fish Habitat for early juveniles (fish up to 115 centimeters in total length) includes very shallow coastal waters, inlets, and estuaries to the 25 meter isobaths. The EFH for late juveniles includes coastal and pelagic waters between 25 - 200 meter isobaths and shallow coastal waters, inlets, and estuaries to the 200 meter isobath (NMFS 2014). Red Hake The ROI is located within areas designated as EFH for all the life stages of red hake. Red hake are relatively short-lived, demersal gadoid species that inhabit the Atlantic coastline from southern Newfoundland, Canada (Gulf of St. Lawrence) to North Carolina (Steimle et al. 1999a). The life span of red hake is typically eight years with a maximum of 14 years. A typical red hake grows to about 50 centimeters long with a maximum of 63 centimeters in length. Both sexes reach maturity by two years of age, with southern populations maturing earlier. The preferred substrate for red hake is loose mud or soft sand. They feed on a variety of benthic species, including crustaceans, invertebrates, squid, crabs, and other fish species (Smith and Link 2010; Steimle et al. 1999a). Their diet changes seasonally depending on food availability. Red hake seasonally migrate from cold, offshore deep waters (below 100 meters) to warmer, shallow waters to spawn. In the spring and summer months, red hake are commonly found in the top 100 meters of the water column as they migrate onshore towards their spawning grounds

(Steimle et al. 1999a). In the winter months, red hake can be found in deeper waters, below 100 meters, along the edge of the continental shelf. Spawning occurs along the continental shelf between May and November in southern New England and in the Georges Bank area (Traver and Col 2006), and peak spawning occurs from May through June. Spawning occurs at water temperatures between 5° and 10°C. Eggs and larval red hake are planktonic and very buoyant. Larvae remain planktonic for one to two months until they descend to the benthos. Juvenile red hake have a commensal relationship with sea scallops (Placopecten magellanicus); juveniles use the scallops for shelter and take refuge in and amongst the shells (Steiner et al. 1982). Sandbar Shark The ROI is located within areas designated as EFH for the adult, juvenile, and neonate life stages. This species is the principle species caught in the commercial shark fishery of the U.S. Atlantic coast and is also important recreationally; however, the stock is considerably depleted. Sandbar sharks, like many other elasmobranchs are viviparous, or bare live young. Female sandbar sharks grow to be about three meters in length, while males can reach lengths up to two meters. They typically roam in small groups segregated by sex in coastal waters. This species migrates seasonally to avoid overwintering in cold, northern waters; although they can range from Cape Cod to the western Gulf of Mexico, individuals are not found north of the Carolinas in the winter months. The preferred diet of sandbar sharks includes menhaden, bluefish, mackerel, crabs, and skates. Sand Tiger Shark The ROI is located within areas designated as EFH for the adult, juvenile, and neonate life stages This shark species inhabits the east coast of the U.S. from the Gulf of Maine to the Gulf of Mexico. They are also found in all warm temperate seas, except for in the eastern Pacific. They prefer shallow waters (less than about 15 meter) in coastal and estuarine areas. Sand tiger sharks prefer structured benthic habitats, such as shipwrecks. Annually, they migrate north during the spring and south during the fall over long distances (Kneebone et al. 2014). The diet of the sand tiger shark is dominated by small fishes, followed by crustaceans, mollusks, and other small prey (Gelsleichter et al. 1999). Sand tiger sharks can reach a maximum length of about 10 feet. Males reach sexual maturity at six to seven years of age and about six feet long. Females reach sexual maturity at nine to 10 years of age and about seven feet long (Murdy and Musick 2013). This species is ovoviviparous, so there is no larval life stage. Litters are small, with only two pups every other year. Scup The ROI is located within areas designated as EFH for all the life stages. Scup are a migratory, schooling species primarily found along the Atlantic seaboard between Massachusetts and North Carolina. The geographic distribution and abundance of this species is highly correlated to water temperature (Terceiro and Sheperd 1994). Scup perform long distance migrations annually; their migrations are triggered by changes in water temperature. During the spring and summer months, adults and juveniles are found either within estuaries or inshore. As the water temperature drops in the fall and winter, scup move from estuaries to deeper waters near the continental shelf (Beutel and Skrobe 2004; Terceiro and Shepard 1994). Scup are not found in areas where water temperatures fall below 6°C. However, their preferred temperature limit is at

the 7°C isotherm. Juvenile and adult scup typically reside near the bottom of the water column in temperatures between 6° and 27°C. Scup are a temperate species, and reside in a variety of habitats including rocky substrates, mussel beds, mud, shell fragments, and sand to silty sand (Steimle et al. 1999c). Juvenile scup feed on a variety of polychaetes, amphipods, fish eggs and larvae, and crustaceans. Adults include larger prey in their diets, like small fish and squid (Steimle et al. 1999c). During the warmer months, scup feed heavily in estuaries to prepare for migration.

Smoothound Shark The action is located within areas designated as EFH for the adult, juvenile, and neonate life stages of the smoothhound shark.

Spiny Dogfish The ROI is located within areas designated as EFH for the adult, juvenile, and neonate life stages of the spiny dogfish. The spiny dogfish is small, with the maximum length ranging from 100 to 124 centimeters and a maximum weight of 7-10 kg (Jensen n.d.). Spiny dogfish can live between 20 and 30 years. Additionally, spiny dogfish are known to be a schooling species that migrate between inshore summer locations and offshore wintering locations. In the western Atlantic, the spiny dogfish can be found in waters ranging from the Nova Scotia, Canada to the southern tip of Florida. The adult and juvenile spiny dogfish are known to live at a variety of depths and habitat types. Juveniles are most often found at depths between 11 and 500 meters but are primarily found at depths greater than 50 meters (Stehlik 2007). Adults are evenly distributed at depths ranging from one to 500 meters in the summer months and from 21 to 40 meters in the fall (Stehlik 2007). The diet of both juvenile and adult spiny dogfish consists largely of crustaceans, cephalopods, fishes, polychaetes, and jellyfish (Stehlik 2007). Adults eat larger prey items, while juveniles mostly consume smaller food items. A large proportion of prey items consumed by dogfish are benthic animals, so it has been suggested that dogfish spend a portion of their time foraging on the benthos. Habitats where this species have been found include soft sediments (sand, mud, and sand-mud mixture), rock outcrops, and the edges of continental shelves. The spiny dogfish is ovoviviparous, meaning the eggs hatch inside the pregnant female, and she subsequently births pups. Spiny dogfish mate in the winter and birth litters of 3 – 11 pups after a nearly two-year gestational period (Jensen n.d.). Summer Flounder The ROI is located within areas designated as EFH for all the life stages of the summer flounder. The eggs of summer flounder are commonly found at depths ranging from 10 to 70 meters, depending on the season, and are most abundant within 45 km of shore off the coast of New York and New Jersey (Packer et al. 1999). Larval and juvenile summer flounder are commonly found in a wide variety of habitats, with the juveniles preferring a sandy/mixed substrate over a mud/silt substrate. Adults are most commonly found in sandy substrates but are also present in a variety of substrates with both mud and sand, including marsh creeks, seagrass beds, and sand flats. The summer flounder’s optimal salinity range is between 10 and 30 ppt. In general, summer flounder larvae are most abundant nearshore (12 - 50 miles from shore) at depths between 9 and 70 meters. They are most frequently found in the southern part of the Mid- Atlantic Bight from November to May. Juveniles inhabit estuarine habitats, including salt marsh creeks, seagrass beds, mudflats, and open bay areas, which are used as nursery areas.

Juveniles prefer water temperatures greater than 3°C. Adult flounder are found in shallow coastal and estuarine waters during warmer months and move offshore to the outer continental shelf at depths of about 152 meters during the colder months (NMFS 2014). Fall migration of flounder out of the Chesapeake Bay begins in October. Burying behavior of summer flounder is affected by substrate type, water temperature, tides, salinity concentrations, and the presence or absence of prey species; while they do not tend to seek cover in vegetated areas, there is an “edge effect” in which flounder bury themselves close to vegetation and relief structure to ambush prey. This species is a bottom-dwelling predator, relying on its flattened body, agility, sharp teeth, and ability to change color and pattern on its dorsal surface. Small fishes, squid, worms, shrimp, and other crustaceans make up the bulk of the summer flounder’s diet. Summer flounder can live up to 20 years with females living longer and growing larger than males (up to 95 centimeters total length) (USACE 2014). Windowpane Flounder The action is located within areas designated as EFH for all the life stages of the windowpane flounder. Windowpane flounder are a fast-growing, left-eyed flounder that inhabit near-shore waters, estuaries, and the continental shelf in the northwest Atlantic Ocean. This species is most plentiful from Georges Bank to the Chesapeake Bay, though they are known to occur from the Gulf of St. Lawrence to Florida. Windowpane flounder are most abundant in shallow waters (1 - 2 meters) over sandy, sandy/silty, or muddy substrates. However, they can be found anywhere from shallow shoreline areas to a depth of about 60 meters (Hendrickson 2006). Adults tend to be found in waters with temperatures below 26.8°C with salinity ranging from three to six ppt (NMFS 2014). The diet of adult windowpane flounder consists of small crustaceans and a multitude of fish larvae, including their own species (Chang et al. 1999). Predators of this species include black sea bass, thorny skate, goosefish, Atlantic cod, spiny dogfish, weakfish, and summer flounder. Egg and larval windowpane flounder can be found in waters less than 70 meters deep with an average surface temperature of less than 20°C. Windowpane eggs are found in surface waters, while larvae are most abundant in pelagic waters (NMFS 1998). Larvae and egg abundance in the middle Atlantic are observed from February to November with peaks in May and October (NMFS 1998). Windowpane flounder can reach a maximum length of 45 centimeters (Miller et al. 1991). Adults reach sexual maturity at three to four years of age and about 22 centimeters long, and they spawn along the near-shore coastal shelf during the spring and summer months in the Chesapeake Bay region. Spawning occurs along the bottom in water between 9° and 13.5°C (Chang et al. 1999).

9.0 POTENTIAL IMPACTS AND CUMULATIVE EFFECTS TO ESSENTIAL FISH HABITAT With implementation of Alternative 1A, use of the Bradford Bay Open-Water Dredged Material Disposal Site would be reduced or potentially eliminated during three dredging cycles. This would help to reduce potential burial (and smothering) of benthic fauna in the demersal habitat. It would also help to reduce the Total Suspended Solids and turbidity impacts to the water column. This would therefore, result in a temporary and negligible to minor benefit to water quality and the benthic community located in and immediately adjacent to the open-water dredged material disposal site. Benefits would be greatest for Essential Fish Habitat for species with less mobile life stages (eggs, larvae, juveniles, and neonate life stages; Table 1) that are more affected by

sedimentation and water quality effects. Overall, there would be temporary, negligible to minor benefits to Essential Fish Habitat. During dredged material placement activities at the Fools Gut Marsh Island there may be a negligible to minor increase in Total Suspended Solids and turbidity in the water column adjacent to the marsh island. However, we would deploy a temporary, Type III Turbidy Curtain prior to placement operations in order to reduce the potential impacts to local water quality and the benthic and fish community during dredged material placement operations. Because the turbidity would be mitigated by Best Management Practices, we would not anticipate any resulting burial or mortality of the benthic or fish communities. With implementation of Alternative 1A, fish species would likely escape any direct physical impacts from the placement of the thin-layer of dredged material due to the relatively slow progress of the placement. Most fish species would also have the ability to avoid areas temporarily impacted by increased turbidity. We would anticipate that impacts to the fish community and associated EFH would be temporary, adverse, and negligible to minor. There would be no substantive, adverse impacts to EFH resulting from water quality impacts during dredged material placement. Global climate change has the potential to affect fish populations in the project area in the future. Sea level rise may cause an increase in salinity in upstream areas that could affect breeding sites and survival of some early fish life stages (eggs, larvae, and neonate). There could be shifts in breeding habitat availability and timing, and the effects of this change on fish populations could be detrimental, although relatively uncertain at this time. The shifts in salinity, temperature, and sea level rise all have the potential to result in shifts in prey species availability which may also cause detrimental effects to fish populations. Although climate change has the potential to adversely affect fish resources and associated EFH in the ROI, implementation of Alterantive 1A is not predicted to substantially cumulatively interact with climate change, development, or other possible cumulative effects. Therefore, with implementation of Alternative 1A there would be no adverse, substantive cumulative effects to EFH.

10.0 REFERENCES Atlantic Herring. 2015. In Fishwatch U.S. Seafood Facts Online. Retrieved from http://www.fishwatch.gov/profiles/atlantic-herring Beutel, D. and L.G. Skrobe. 2004. Characterization of bycatch reduction from codend mesh size increases in the directed scup bottom trawl fishery. University of Rhode Island Fisheries Center Technical Report: 01-04 Castro, J.I. 1983. The sharks of North American waters. Tex. A&M Univ. Press, College Station: 180pp. Chang, S., Berrien, P.L., Johnson, D.L., and W.W. Morse. 1999. Essential Fish Habitat Source Document: Windowpane, Scophthalmus aquosus, Life History and Habitat Characteristics. National Marine Fisheries Service, Highlands, NJ. NOAA Technical Memorandum NMFS-NE 137. Consoli, P. T. Romero, P. Battaglia, L. Castriota, V. Esposito, and F. Andaloro. 2008. Feeding habits of the albacore tuna Thunnus alaguna (Perciformes, Scombridae) from central Mediterranean Sea. Mar. Biol 155: 113-120. Ellis, J.K. and J.A. Musick. 2007. Ontogenetic changes in the diet of the sandbar shark, (Carcharhinus plumbeus), in the lower Chesapeake Bay and Virginia (USA) coastal waters. Environ. Biol. Fish. 80:51-67. Fahay, M.P., Berrien, P.L., Johnson, D.L., and Morse, W.W. 1999. Bluefish, Pomatomus saltatrix, Life History and Habitat Characteristics. NOAA Technical Memorandum NMFS-NE-144. Fitz, E. and F. Daiber. 1963. An introduction to the biology of Raja eglanteria Bosc 1802 and Raja erinacea Mitchell 1825 as they occur in Delaware Bay. Bull. Bingham Ocean Coll. 18(3):69-97. Gelsleichter, J., Musick, J.A., and S. Nichols. 1999. Food habits of the smooth dogfish, Mustelus canis, dusky shark, Carcharhinus obscures, Atlantic sharpnose shark, Rhizoprionodon terraenovae, and the sand tiger shark, Carcharias taurus, from the northwest Atlantic Ocean. Environmental Biology of Fishes 54:205-217. Grubbs, R.D. 1995. Preliminary recruitment patterns and delineation of nursery grounds for Carcharhinus plumbeous in the Chesapeake Bay. SB-III-11. Prepared for the 1996 NMFS Shark Evaluation Workshop, Miami, FL, as cited in Camhi 1998. Heist, E.J., Graves, J.E., and J.A. Musick. 1995. Population genetics of the sandbar shark (Carcharhinus plumbeus) in the Gulf of Mexico and Mid-Atlantic Bight. Copeia, Vol. 1995, No. 3 (Aug. 18 1995), pp. 555-562. American Society of Ichthyologists and Herpetologists. Hendrickson, L. 2006. Status of Fishery Resources off the Northeastern US NEFSC - Resource Evaluation and Assessment Division, NOAA: Windowpane flounder (Scophthalmus aquosus). Jensen, A.C. n.d. Life History of the Spiny Dogfish. U.S. Bureau of Commercial Fisheries Biological Laboratory, Woods Hole, MA. Kneebone, J., Chisholm, J., and G. Skomal. 2014. Movement patterns of juvenile sand tigers (Carcharias taurus) along the east coast of the USA. Marine Biology International Journal on Life and Oceans and Coastal Waters. Mancini, P.L and A.F. Amorim. 2006. Embryos of common thresher shark Alopias vulpinus in southern Brazil, South Atlantic Ocean. Journal of Fish Biology 69:318-321.

Miller, J.M., Burke, J.S., and G.R. Fitzhugh. 1991. Early life history patterns of Atlantic North American flatfish: likely (and unlikely) factors controlling recruitment. Netherlands Journal of Sea Research 27 (3/4): 261-275. Murdy, E.O. and J.A. Musick. 2013. Field guide to fishes of the Chesapeake Bay. Johns Hopkins University Press. 345 pp. National Oceanic and Atmospheric Administration/National Marine Fisheries Service (NMFS). 2009. Amendment 1 to the Consolidated HMS FMP, Chapter 5: Essential Fish Habitat. Available: http://www.nmfs.noaa.gov/sfa/hms/documents/fmp/am1/feis/feis_amendment_1_chapter5.pdf#p age=59 National Marine Fisheries Service (NMFS) 1998. Essential Fish Habitat Description, Windowpane Flounder (Scophthalmus aquosus). NEFMC EFH Amendment. National Marine Fisheries Service (NMFS). 2010. Life History Accounts and Essential Fish Habitat Descriptions. Amendment 3 FEIS, Chapter 11. Available: http://www.nmfs.noaa.gov/sfa/hms/documents/fmp/am3/am3_feis/chapter_11.pdf National Marine Fisheries Service (NMFS). 2012. Endangered Species Act Biological Opinion: Maintenance of Chesapeake Bay Entrance Channels and use of sand borrow areas for beach nourishment. Dated 16 November 2012. National Oceanographic and Atmospheric Administration/National Marine Fisheries Section (NMFS). 2014. Guide to Essential Fish Habitat Designations in the Northeastern United States. Available: http://www.nero.noaa.gov/hcd/webintro.html National Oceanographic and Atmospheric Administration (NOAA)/ National Marine Fisheries (NMFS). 2017b. Essential Fish Habitat Descriptions, Clearnose skate (Raja eglanteria). Available at: http://www.habitat.noaa.gov/protection/efh/newInv/EFHI/docs/Clearnose_Skate_EFH.pdf National Oceanographic and Atmospheric Administration (NOAA)/National Marine Fisheries (NMFS). 2019. Essential Fish Habitat Mapper. Available: http://www.habitat.noaa.gov/protection/efh/efhmapper/# Packer, D.B., Griesbach, S.J., Berrien, P.L., Zetlin, C.A., Johnson, D.L., and Morse, W.W. 1999. Essential fish Habitat Source Document: Summer Flounder, Paralichthys dentatus, Life History and Habitat Characteristics. NOAA Technical Memorandum NMFS-NE-151. Reid, R.N., Cargnelli, L.M., Griesbach, S.J., Packer, D.B., Johnson, D.L., Zetlin, C.A., Morse, W.W., and P.L. Berrien. 1999. Essential fish habitat source document: Atlantic Herring, Clupea harengus, life history and habitat characteristics. NOAA Technical Memorandum NMFS-NE-126; 56 pp. Smith, C.L., 1997. National Audubon Society field guide to tropical marine fishes of the Caribbean, the Gulf of Mexico, Florida, the Bahamas, and Bermuda. Alfred A. Knopf, Inc., New York. 720 p. Smith, B.E. and J.S. Link. 2010. The Trophic Dynamics of 50 Finfish and 2 Squid Species on the Northeast US Continental Shelf. NOAA Technical Memorandum NMFS-NE-216. 646 pp. Stehlik, L.L. 2007. Essential Fish Habitat Source Document: Spiny Dogfish, Squalus acanthias, Life History and Habitat Characteristics. NOAA Technical Memorandum NMFS-NE-203 Stehmann, M. and J.D. McEachran, 1978. Rajidae. In W. Fischer (ed.) FAO Species Identification Sheets for Fishery Purposes. West Atlantic (Fishing Area 31). Volume 5. [pag. var.]. FAO, Rome. Steimle, F.W., Morse, W.W., Berrien, P.L., and D.L. Johnson. 1999a. Essential Fish Habitat Source Document: Red Hake, Urophycis chuss, Life History and Habitat Characteristics. NOAA Technical Memorandum NMFS-NE-133.

Steimle, F. W., Zetlin, C. A., Berrien, P. L., and S. Chang. 1999b. Essential fish habitat source document: black sea bass, Centropristis striata, life history and habitat requirements. NOAA Technical Memorandum NMFS-NE 143. Steimle, F. W., Zetlin, C. A., Berrien, P. L., Johnson, D.L. and S. Chang. 1999c. Essential fish habitat source document: scup, Stenotomus chrysops, life history and habitat characteristics. NOAA Technical Memorandum NMFS-NE 149. Steiner, W.W., J.J. Luczkovich, and B.L. Olla. 1982. Activity, shelter usage, growth and recruitment of juvenile Red Hake Urophycis chuss. Mar. Ecol. Prog. Ser. Vol. 7: 125-135, Published February 15. Strasburg, D.W. 1958. Distribution, abundance, and habitats of pelagic sharks in the central Pacific Ocean. U.S. Fish. Wildl. Serv. Fish. Bull. 138(58): 335-361. Terceiro, M. 2006. Summer flounder assessment and biological reference point update for 2006. 64 pp. Accessed online at: http://www.nefsc.noaa.gov/nefsc/saw/2006FlukeReview/BRP2006_Review.pdf. Terceiro, M. and G.R. Shepard. 1994. The Summer Flounder, Scup, and Black Sea Bass Fishery of the Middle Atlantic Bight and Southern New England Waters. NOAA Technical Report NMFS 122. Traver, M. and L. Col. 2006. Status of Fishery Resources off the Northeastern US, NEFSC - Resource Evaluation and Assessment Division - Red hake (Urophycis chuss). Website Accessed: http://www.nefsc.noaa.gov/sos/spsyn/pg/redhake/ US Army Corps of Engineers (USACE). 2014. Technical Memo: Far-Field Surveys of Suspended Sediment Plumes Associated with Cutterhead Dredging in Jones Inlet, Long Island, New York. title Page 2 of3

Lifestage(s) Data Species/Management Management Show Link Found at F Caveats Unit Council Location 21 Consc HMS E Amer Adult 10 t Juvenile 21 p:: Sandbar Shark Secretarial WI Neonate Consc ALL HMS E Amer 10 t Blacktip Shark (Atlantic Juvenile/Adult 21 ,I);: Secretarial WI Stock) ALL Consc HMS E Amer 10 t Smoothhound Shark 21 p::: Complex (Atlantic ALL Secretarial ~ Consc Stock) HMS E Amer 10 t Neonate/Juvenile 21 JC Sand Tiger Shark Adult Secretarial WI Consc ALL HMS E

HAPCs No Habitat Areas of Particular Concern (HAPC) were identified at the report location.

EFH Areas Protected from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location.

https://www.habitat.noaa.gov/protection/efh/eflnnapper/index.html 3/18/2019 title Page 3 of3

Spatial data does not currently exist for all the managed species in this area. The following is a list of species or management units for which there is no spatial data. **For links to all EFH text descriptions see the complete data inventory: open data inventory--> New England Council EFHAs, No spatial data for EFH Areas protected from fishing, Mid-Atlantic Council HAPCs, No spatial data for summer flounder SAV HAPC.

https://www.habitat.noaa.gov/protection/eth/efhmapper/index.html 3/18/2019 From: Harr, Richard M CIV USARMY CENAO (US) To: Logalbo, Alicia M CIV USARMY CENAO (US) Subject: FW: [Non-DoD Source] Re: EFH for CAP 204, Beneficial Uses of Dredged Material, Cedar Island, VA Date: Monday, March 18, 2019 4:55:12 PM

-----Original Message----- From: David O'Brien - NOAA Federal [mailto:david.l.o'[email protected]] Sent: Monday, February 4, 2019 1:18 PM To: Harr, Richard M CIV USARMY CENAO (US) Subject: [Non-DoD Source] Re: EFH for CAP 204, Beneficial Uses of Dredged Material, Cedar Island, VA

Hello Richard,

Thank you for your patience in me getting back to you.

I have reviewed the list you provided of EFH designated for the Cedar Island, Beneficial Uses of Dredge Material project, located near the Town of Wachapreague on Virginia's Eastern shore. The project includes the thin-layer placement (6-inch lift) of approximately 77,435 cubic yards of material at Site 1, to be dredged from the Finney Creek and Bradford Bay federal navigation channels. Site 1 is a marsh island located west of adjacent Fools Gut and Cedar Island.

Following a review of the project location using the EFH Mapper website (Blockedhttps://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper) the species list you provided in your email of 14 January 2019 should be amended to include:

Albacore tuna (Thunnus alalunga), Atlantic butterfish (Peprilus triacanthus), Blacktip shark (Carcharhinus limbatus), Clearnose skate (Raja eglanteria), Common thresher shark (Alopias vulpinus), Red hake (Urophycis chuss), Spiny dogfish (Squalus acanthias) and Sand Tiger shark (Carcharias taurus).

The following species on your list are not designated with EFH in the project area and can be deleted:

Cobia (Rachycentron canadum), King mackerel (Scomberomorus cavalla), Atlantic Spanish mackerel (Scomberomorus maculatus), scalloped hammerhead shark (Sphyrna lewini), Atlantic sharpnose shark (Rhizoprionodon terraenovae), red drum (Sciaenops ocellatus)

I hope this information is helpful to you as you prepare the feasibility study. Please feel free to contact me if you have any additional questions.

Regards, Dave

David L. O'Brien NOAA Fisheries Service

Habitat Conservation Virginia Field Office 1375 Greate Rd. P.O. Box 1346 Gloucester Point, VA 23062 804-684-7828 phone 804-684-7910 fax david.l.o'[email protected]

On Tue, Jan 22, 2019 at 1:37 PM Harr, Richard M CIV USARMY CENAO (US) > wrote:

David:

I just wanted to clarify the blow e-mail that I sent you 1/14/19. I am just requesting confirmation on the EFH listing. The email below might be confusing and I provided information that is not needed and not explained correctly. I am sorry for the confusion and please contact me if you have any questions or concerns.

Richard M. Harr, PWS, CES Environmental Scientist Water Resources Division Planning and Policy Branch Environmental Analysis Section Norfolk District, U.S. Army Corps of Engineers 803 Front Street Norfolk, Virginia 23510 757-201-7746

-----Original Message----- From: Harr, Richard M CIV USARMY CENAO (US) Sent: Monday, January 14, 2019 2:37 PM To: 'David.L.O'[email protected] ' > Cc: Logalbo, Alicia M CIV USARMY CENAO (US) > Subject: EFH for CAP 204, Beneficial Uses of Dredged Material, Cedar Island, VA

David:

Hope you are doing well and it was great meeting you at the Norfolk District last month. Back in March 2018, I requested an official listing of Essential Fish Habitat for the Continuing Authorities Program, Section 204, Beneficial Uses of Dredged Material, Cedar Island, Virginia Feasibility Study (please see attached). Also attached, is the description of the recommended plan that has been recently chosen but, could be subject to change.

I have also been in contact with Brian Hopper regarding the Section 7. I have looked up the new App, the Section 7 Mapper, to assist in identifying the ESA-listed species and critical habitat in project areas and this is what was listed was the Atlantic Sturgeon, Shortnose Sturgeon, Leatherback Turtle, Loggerhead Turtle, Kemp's ridley sea turtle, Green sea turtle.

I have also look up the ESA for this area on USACE mapping system described below:

NMFS Essential Fish Habitat

Grid Number Species Summary List Per Grid (47)

Scalloped Hammerhead Shark, Sand Tiger Shark, Atlantic Sharpnose Shark (Rhizoprionodon terraenovae), scup (Stenotomus chrysops) red hake (Urophycis chuss), Atlantic herring (Clupea harengus), Butterfish (Peprilus triacanthus), Black sea bass (Centropristis striata), windowpane flounder (Scopthalmus aquosus), dusky shark (Charcharinus obscurus), Bluefish (Pomatomus saltatrix) Summer flounder (Paralichthys dentatus), red drum (Sciaenops ocellatus), Sandbar Shark, Cobia (Rachycentron canadum), King mackerel (Scomberomorus cavalla), Atlantic Spanish mackerel (Scomberomorus maculatus).

Can you please you please provide an official listing or confirm the list above of Essential Fish Habitiat. Please contact me if you have any questions or concerns