United States Department of the Interior U.S. FISH AND WILDLIFE SERVICE 7915 BAYMEADOWS WAY, SUITE 200 JACKSONVILLE, FLORIDA 32256-7517 IN REPLY REFER TO: FWS Log No. 41910-2012-F-0133 December 10, 2013 Kevin D. O'Kane Chief, Tampa Permits Section Jacksonville District Corps of Engineers 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610 (Attn: Mark Peterson) Dear Mr. O'Kane: This document transmits the U.S. Fish and Wildlife Service's (Service's) biological opinion based on our review of the proposed Longboat Key Groin Project (Groin Project) (Corps: SAJ-2012-01018) located in Manatee County, Florida, and its effects on the Northwest Atlantic Ocean distinct population segment of the loggerhead sea turtle ( Caretta caretta ), the green sea turtle ( Chelonia mydas), and the Kemp's ridley sea turtle (Lepidochelys kempii) in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The project would entail construction of three groins at the north end of Longboat Key, Manatee County, Florida and associated sand placement. The U.S. Army Corps of Engineers (Corps) letter of April 16, 2012, requesting formal consultation was received by the Service on April 23, 2012. This biological opinion is based on information provided in your April 16, 2012, letter and accompanying Public Notice regarding the permit application by the Town of Longboat Key (Town); revised project plans dated October 9, 2012; letters and attachments of October 24, 2012, from Coastal Planning and Engineering, Inc. ( CPE), agent for the applicant, responding to Service and Florida Department of Environmental Protection (FDEP) requests for additional information; emails and attachments from CPE dated March 16, 2013, and April 24, 2013, providing additional information; an interagency meeting regarding the project on May 22, 2013; a biological assessment by CPE dated September 2013; a letter from CPE to the Service dated November 5, 2013; additional phone and email correspondence with the Corps, CPE, FDEP, the Florida Fish and Wildlife Conservation. Commission (FWC), and the National Marine Fisheries Service (NMFS); field investigations; and other sources of information. A complete administrative record of this consultation is on file at the Service's North Florida Ecological Services Office (NFESO). CONSULTA TI ON HISTORY The north end of Longboat Key, FDEP R-Monument 42 (R-42) to R-46, is a public beach that has eroded at a significant rate, especially since 2004. An increased rate of erosion was prompted by the 1977 dredging of the adjacent Longboat Pass navigation channel and the 1993 ebb shoal mining at Longboat Pass for beach nourishment (Dabees and Kraus 2008). Erosion of the north end beach has RE-INITIATION BO – U.S.A.C.E. Groin Project FWS Log No. 41910-2012-F-0133 2 continued at a rate estimated by CPE of 50,000 to 60,000 cubic yards per year. Erosion was recently exacerbated by tropical storm Debby in June 2012. In 2005 and 2006 the Longboat Key Beach Nourishment Project placed 1.6 million cubic yards of sand over 9 miles of shoreline, extending approximately from R-44.5 in Manatee County to R-29.5 in Sarasota County. Under that project the north end of Longboat Key was nourished with approximately 100,000 cubic yards of sand in 2005. On June 11, 2010, we provided a biological opinion (2010-F-0301) for an additional nourishment project from R-43 to R-47.5 (SAJ-2010-01056). The project resulted in nourishment of approximately 139,900 cubic yards of sand between March 23 and June 20, 2011. On June 8, 2011, we provided a biological opinion (2010-F-0009) that addressed proposed island-wide beach nourishment at Longboat Key over a period of 10 years (SAJ-2009- 03350). Sea turtle take was granted under our Statewide Programmatic Biological Opinion (2011-F- 0170). A permit to the Town was issued by the Corps on January 30, 2013. As of this date no work has begun. On April 23, 2012, we received your letter and a public notice for the currently proposed Groin Project, both dated April 16, 2012. Your letter concluded that the proposed project may affect the loggerhead, green, and Kemp’s ridley sea turtles, and requested initiation of formal consultation under section 7 of the Act. The Corps also determined the proposed project may affect, but is not likely to adversely affect, the West Indian (Florida) manatee (Tricheches manatus) and the piping plover (Charadrius melodus). In a letter to the Corps dated May 15, 2012, we concurred with the Corps’ determinations on the West Indian manatee and the piping plover, provided that Standard Manatee Construction Conditions be included in any federal permit issued. For the piping plover, additional conservation measures agreed to by the Town are required within the project area as part of the Corp’s island-wide beach nourishment permit (SAJ-2009-03350). Our letter also requested substantial additional information regarding the proposed project, in order to conduct our analysis of impacts to nesting sea turtles, to their nests and eggs, and to hatchlings as they emerge from the nest and crawl to the sea. In a letter dated October 24, 2012, to the Corps and the Service, CPE responded to our request for additional information. A proposed interagency site visit or meeting to resolve outstanding questions was delayed due to staffing and workload limitations at the Corps, including the need to complete the permit for island-wide beach nourishment permit (SAJ-2009-03350), which includes the project area. Many Service questions and concerns regarding the project were addressed in March 19, 2013, and April 24, 2013, emails from CPE to the Service, and through additional email and telephone correspondence between the Corps, Service, FDEP, and CPE. An interagency meeting was held on May 22, 2013, with representatives of the Corps, NMFS, Service, Town, and CPE present. At the meeting, the NMFS requested that a biological assessment be produced addressing a number of their concerns regarding the project and potential impacts. CPE completed the biological assessment in September 2013. CPE provided the Service with a letter providing information on project timing in a letter dated November 5, 2013. 2 RE-INITIATION BO – U.S.A.C.E. Groin Project FWS Log No. 41910-2012-F-0133 3 BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION The proposed Groin Project includes construction of two permeable adjustable groins, a rubble mound terminal groin, and sand placement at the north end of Longboat Key (Section 15, Township 35 South, Range 16 East), between Longboat Pass and North Shore Road (R-42 to R-45), a distance of approximately 2,500 linear feet. The stated overall purpose of the project is to maintain the Town’s beach design width seaward of vulnerable properties and to continue access along the north end of Longboat Key to Greer Island (a misnomer since it is currently contiguous with Longboat Key). The groins would slow erosion by reducing the nearshore current. Construction may employ a phased approach with the two permeable groins constructed first, followed by the terminal groin, if needed. The two permeable groins would be located between R-44 and the Town’s right of way for Northshore Road (near R-44.5) and would be about 300 feet apart. The northern groin would be 250 feet long and the southern groin 150 feet long. They would consist of precast concrete beams placed over steel pipe piles driven into the substrate, with a geotextile and riprap foundation. Deck leveling plates would then be welded to the steel piles and concrete decking would be put in place. The piles would then be grouted using a sand and cement mix. Construction may require a barge and crane to erect the groins. Precast elements could be delivered by truck from Northshore Road. Potential delivery by barge is unlikely due to the shallow water in the area. Construction may require that a temporary pier be erected outward from the beach immediately adjacent to the groin locations. The terminal groin, if constructed, would be located near the northern terminus of Greer Island adjacent to R-42. Rubble mound construction would be employed and the groin would be a maximum of 750 feet in length. It would likely be built using marine-based floating equipment. Sand would be excavated to grade and placed adjacent to the structure. An excavator or crane would install geotextile and small stone or marine matresses, with armor stones individually placed on top. A navigational marker would be erected at the seaward end of the groin on a steel H-pile driven to an appropriate depth. Areas on both sides of the proposed groin location would be used for construction staging (unloading and storing equipment). Due to the potential for downdrift beach impacts from groin construction, the proposed project includes “pre-filling” the groins with 30,000 cubic yards of sand, hauled to the site via truck from upland mines, as well as maintenance and adjustment of the groins over a 10-year period. Trucks delivering sand for placement adjacent to the groins would access the beach via Northshore Road. Sand would then be transported along the beach by conveyor belt and loader or by other means, and distributed and graded with a bulldozer. The separate, island-wide beach nourishment project (SAJ- 2009-03350) employs offshore dredging as a source of sand to nourish beaches, including nourishment of beaches at the north end of Longboat Key. Dependent on timing, this source could be used to eliminate the need for truck-delivered sand described for the currently proposed Groin Project.