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HomeMy WebLinkAbout20160804 Ver 1 _FONSI & EA _20170405Burdette, Jennifer a From: Hughes, Emily B CIV USARMY CESAW (US) < Emily.B.Hughes@usace.army.mil > Sent: Wednesday, April 05, 2017 2:44 PM Subject: Eagle Island Improvements EA/FONSI Dike Raise to Elev 50ft Attachments: NOA for FINAL EA Apr 4 2017.pdf Good Day: I am pleased to announce that the Final Environmental Assessment for the Eagle Island Improvement Project, Dike Raise to Elevation 50ft is complete. Please see the attached Notice of Availability announcement with electronic link to the document: http://www.saw.usace.army.miI/Missions/Navigation/Dredging/Wilmington-Harbor/Eagle-Island/ Included with the EA is the Finding of No Significant Impact (FONSI) signed by Wilmington District Engineer, Colonel Kevin Landers. Thank you for your comments and feedback during the NEPA process. Much valuable information and input went into this document and we appreciate your time reviewing it. If you have any questions please feel free to contact me. Emily Hughes Environmental Resources Section, Wilmington District US Army Corps of Engineers 69 Darlington Ave. Wilmington, NC 28403 (910) 251-4635 Emily.b.hughes@usace.army.mil US Army Corps of Engineers Wilmington District CESAW-ECP-PE April 5, 2017 NOTICE OF AVAILABILITY FINAL ENVIRONMENTAL ASSESSMENT (EA) AND FINDING OF NO SIGNIFICANT IMPACT (FONSI) EAGLE ISLAND IMPROVEMENT PROJECT, DIKE RAISE TO ELEVATION 50 FEET The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington, North Carolina, has prepared the Final Environmental Assessment and Finding of No Significant Impact (Final EA/FONSI) for the Eagle Island Improvement Project, dated April 2017. An electronic version of this document is available on the USACE, Wilmington District website at: http://www. saw.usace.army.mil/Missions/Navigation/Dredging/Wilmington-Harbor/Eagle-Island/. The Final EA addresses the proposed construction of dike raises to elevation 50 feet for Cells 1-3 on Eagle Island in the Cape Fear River, New Hanover and Brunswick Counties, North Carolina. The project area is shown on Figure 1. The proposed improvement of Cells 1-3 are essential to the ongoing maintenance dredging of the Upper Reaches of the Wilmington Harbor. Current improvements of dikes to elevation 40' and 42' will only increase disposal capacity to last an additional 5-6 years. With a dike raise to elevation 50', sections of the cells will require a supportive outer toe berm. This toe berm has a proposed impact on 35.5 acres of Phragmites- dominated coastal marsh. Impact areas are shown on Figure 2 in the Final EA/FONSI. The EA has been prepared in accordance with the Council on Environmental Quality and USACE requirements for implementing the National Environmental Policy Act (NEPA) of 1969 (33 CFR 230), as amended, and addresses the relationship of the proposed action to other applicable Federal and State Laws and Executive Orders. The EA addresses the proposed action's impacts on environmental resources, including: federally listed threatened and endangered species, archaeological and historical resources, wetlands, fish and wildlife habitat, soils, and water and air quality. Based on the information contained in the EA and comments received during the 30 -day public review period for the EA, we have determined that the proposed action will not significantly affect the quality of the human environment; therefore, an Environmental Impact Statement will not be prepared. This Notice of Availability is being distributed to notify all known interested persons of the availability of the Final EA/FONSI. This completes the NEPA process for this action. Should you have any questions concerning this project, please contact Ms. Emily Hughes, U.S. Army Engineer District, Wilmington, CESAW-ECP-PE, 69 Darlington Avenue, Wilmington, NC 28403. Questions may also be emailed to Ms. Hughes at Emily.B.Hughes@usace.army.mil. Elden Gatwood Chief, Planning and Environmental Branch 2 l t Ea• -i t d" T 4 hyENe I CV, T. 7t R1' 11 13"mb Cape Fear River Miles 0 5 10 20 30 40 Figure 1— Geographical Location of Eagle Island 3 F il4igh :'r71: rr1 /f ■ � 1:,5171 f eagle island Y - `_ Cape Fedi Rmw ` D, trOI�GnEO r' ■ Bfurl3Wlck Riuef Komt ■ 'r• E 1Nli B 4x3 05 S 1.5 2 •. ■f '.1 '•4 { ] I I � 1. I i CIATErI i.l 7} ]li �.IIT. ci1 1 - N Lieut, •� h�f;k.��'1'i. �Irill•n1n -- -- pa li•L'l�IE.1. 11 1 rild W 11 Wilm on • Eagle Island u r. f.}�Lftitil:lty, l t Ea• -i t d" T 4 hyENe I CV, T. 7t R1' 11 13"mb Cape Fear River Miles 0 5 10 20 30 40 Figure 1— Geographical Location of Eagle Island 3 Figure 2 — Affected Environment US Army Corps of Engineers Wilmington District FINAL ENVIRONMENTAL ASSESSMENT FINDING OF NO SIGNIFICANT IMPACT (FONSI) EAGLE ISLAND IMPROVEMENTS DIKE RAISE TO ELEVATION 50 FEET Eagle Island Confined Disposal Facility, Upper Wilmington Harbor, Cape Fear River Brunswick and New Hanover Counties North Carolina APRIL 2017 Finding of No Significant Impact (FONSI) EAGLE ISLAND IMPROVEMENTS, DIKE RAISE TO ELEVATION 50 FEET Eagle Island Confined Disposal Facility, Upper Wilmington Harbor, Cape Fear River Brunswick and New Hanover Counties North Carolina The U.S. Army Corps of Engineers, Wilmington District (Corps), has conducted an environmental analysis in accordance with the National Environmental Policy Act of 1969, as amended. The Corps assessed the effects of the following actions in the Final Environmental Assessment, Eagle Island Improvements, Dike Raise to Elevation 50 Feet, Brunswick and New Hanover Counties, North Carolina, dated April 2017. As District Commander, U.S. Army Corps of Engineers, Wilmington District, it is my duty in the role of responsible Federal official to review and evaluate, in light of public interest, the stated views of other interested agencies and concerned public, the environmental effects of this proposed action. My evaluation and findings are as follows: 1. PROJECT DESCRIPTION The focus of the Environmental Assessment (EA), is the improvements to Eagle Island Confined Disposal Facility (CDF) Cells 1, 2, and 3 to increase their capacity for future disposal. Without the improvements, the Eagle Island CDF will reach its full capacity by 2024. Raising the dikes to elevation 50 feet will provide adequate disposal capacity through 2032. The project involves the construction of a "toe berm" around portions of the outer footprint of each cell to ensure dike stability. These perimeter toe berms will serve as a buttressing -type of support for the dike, allowing additional dike raises in increments of 3 to 5 feet, eventually reaching a maximum elevation of 50 feet North Atlantic Vertical Datum 1988 (NAVD 88). The toe berms and dike raises will be constructed utilizing existing material in the cells. The affected environment consists of resources in the vicinity of Eagle Island and the impacts associated with implementation of the proposed action as compared to No Action. Project construction will result in permanent impacts to 35.5 acres of tidal freshwater marsh and approximately 3 acres of upland tree/shrub habitat, for a total of 38.5 acres of permanent impacts. Temporary impacts related to toe berm construction may affect up to 6.3 acres of tidal freshwater marsh within the proposed 10 -foot construction corridor. Within the 35.5 acre footprint of impacts to tidal freshwater marsh, 2.85 acres are located below the Mean High Water (MHW) line, and therefore are subject to the ebb and flow of daily tides. Construction within these in -water areas is proposed to occur outside of the Primary Nursery Area Moratorium dates of April 1 — July 31 to avoid death or harm to anadromous fish. Mitigation proposed to offset the 35.5 acres of impacts will be through purchase of 35.5 credits iiIPage of riparian/tidal wetlands from the Lower Cape Fear Umbrella Mitigation Bank. This mitigation will result in no net loss of wetlands. Overall benefits of the dike improvements include long-term socio-economic benefits as a result of providing a financially feasible dredged material disposal facility for the next 16 years. If the planned improvements are not implemented, after 2024, all dredged material from the Upper Harbor reaches of Wilmington Harbor will have to be transported approximately 38 miles, one way, to the Offshore Dredged Material Disposal Site (ODMDS), which will greatly increase the costs of maintaining the navigation channel. 2. COORDINATION In July 2016, the Wilmington District coordinated the recommended proposed action with Federal, state, and local agencies through circulation of the EA for a 30 -day review period. By letter dated August 29, 2016, the State Historic Preservation Office of North Carolina indicated that the Draft EA adequately addressed their concerns for historic resources. The U.S. Fish and Wildlife Service provided a "not likely to adversely affect" determination in a letter dated August 30, 2016, satisfying requirements of Section 7 of the Endangered Species Act (see Appendix C). Since the proposed project includes significant discharge of fill in tidal freshwater marsh, a consistency concurrence is required from the North Carolina Coastal Management Program (CMP). By letter dated February 24, 2017, the N.C. Division of Coastal Management found the project consistent with the CMP (see Appendix F). A Section 401 Water Quality Certificate under the Clean Water Act (CWA) of 1977 (P.L. 95- 217), as amended, is required for the construction of the toe berms. The proposed action has been coordinated with the N.C. Department of Environmental Quality (DEQ), Division of Water Resources (DWR) and there are no issues of concern. A 401 Pre -Construction Notice was submitted to DWR in January 2017 and a 401 certification will be received prior to start of construction. All conditions of the 401 will be met. All comments received during public review of the Draft EA were considered during the preparation of the Final EA. Appendix C includes all correspondence related to the Eagle Island Improvements Project, and Appendix D includes the Corps' responses to comments received on the Draft EA. The Final EA is available on the Wilmington District Website at: http://www.saw.usace.army.miI/Missions/Navigation/Dredging/WiImington-Harbor/Eagle- Island/. 3. DETERMINATION Based on the EA prepared for this project, I have determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment. Therefore, the action does not require the preparation of a detailed statement under Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). My determination was made considering the following factors discussed in the EA, to which this document is attached: iiiIPage a. The proposed action would not significantly impact any threatened or endangered species potentially occurring in the project area. b. No significant cumulative or secondary impacts would result from implementation of this action. c. The proposed action would not significantly impact cultural resources. d. The proposed action would result in no significant impacts to air or water quality. e. The proposed action would result in no significant adverse impacts to fish and wildlife resources. f. The proposed action would not cause any environmental health risks or safety risks that may disproportionately affect children and complies with Executive Order 13045, "Protection of Children from Environmental Health Risks and Safety Risks." g. The proposed action will not cause any disproportionately high and adverse human health or environmental effects on minority populations and low-income populations and complies with Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations." 4. FINDINGS AND CONCLUSIONS The proposed action to raise existing dikes at the Eagle Island CDF to elevation 50 feet, construct supportive, perimeter toe berms, and mitigate accordingly would result in no significant environmental impacts. Date: 2 AP& zcil ivIPage -74 P. Kevin P. Lan s Sr. Colonel, U.S. Army District Commander FINAL ENVIRONMENTAL ASSESSMENT EAGLE ISLAND IMPROVEMENTS, DIKE RAISE TO 50 FEET BRUNSWICK AND NEW HANOVER COUNTIES, NORTH CAROLINA APRIL 2017 Table of Contents 1.0 INTRODUCTION................................................................................................................ 1 1.1 Incorporation by Reference............................................................................................. 3 1.2 Wilmington Harbor Project Background.......................................................................... 4 2.0 PURPOSE AND NEED....................................................................................................... 7 3.0 PROPOSED ACTION......................................................................................................... 7 4.0 ALTERNATIVES CONSIDERED BUT ELIMINATED......................................................... 9 4.1 NO ACTION - Disposal in the Wilmington Ocean Dredged Material Disposal Site (ODMDS)............................................................................................................................... 9 4.2 Development of Cells 4 & 5............................................................................................ 10 4.3 New Upland CDF.......................................................................................................... 10 4.4 Raise Eagle Island Dikes to Elevation of 52 feet and 62 feet ........................................ 11 5.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES ......................... 11 5.1 Geology and Sediments................................................................................................. 11 5.2 Water Resources.......................................................................................................... 15 5.3 Air Quality..................................................................................................................... 16 5.4 Marine and Estuarine Resources.................................................................................. 16 5.5 Fisheries and Essential Fish Habitat(EFH).................................................................. 19 5.7 Wetlands....................................................................................................................... 24 5.8 Floodplains....................................................................................................................24 5.9 Endangered and Threatened Species........................................................................... 25 5.10 Cultural Resources...................................................................................................... 28 5.11 Aesthetic and Recreational Resources....................................................................... 29 5.12 Socio -Economic Resources........................................................................................ 30 5.13 Hazardous, Toxic, and Radioactive Waste................................................................. 35 5.14 Noise........................................................................................................................... 35 5.15 Environmental Impact Comparison of Alternatives...................................................... 36 5.16 Mitigation.....................................................................................................................38 5.17 Temporary Impacts..................................................................................................... 38 5.18 Cumulative Impacts...................................................................................................... 40 iii IHage 5.19 Public Laws and Executive Orders............................................................................... 41 5.20 Conclusion................................................................................................................... 44 6.0 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS .......................................... 44 7.0 AGENCY AND PUBLIC INVOLVEMENT......................................................................... 45 7.1 Agency and Public Coordination................................................................................... 45 7.2 North Carolina Coastal Management Program............................................................. 46 7.3 Clean Water Act (CWA)................................................................................................ 46 7.4 Coordination of this Document...................................................................................... 49 8.0 POINT OF CONTACT...................................................................................................... 49 9.0 REFERENCES................................................................................................................. 50 Figures Figure 1. Geographical Location Of Eagle Island, Wilmington, North Carolina ...........................2 Figure 2. Reaches Of The Wilmington Harbor Navigation Project..............................................5 Figure 3. Eagle Island Cells 1 - 3................................................................................................6 Figure 4. Typical Cross Section Of Proposed Dike Raise And Toe Berm..................................9 Figure 5. Footprint Of The Toe Berm Required To Support Cell 1 Dikes At Elevation 50ft ......13 Figure 6. Footprint Of The Toe Berm Required To Support Cell 2 & 3 Dikes At Elevation 50ft 14 Figure 7. Identified PNA (Areas Within Red Lines) In The Project Area...................................18 Figure 8. Eagle Island Toe Berm Impacts And 10 Foot Construction Corridor .........................39 Figure 9. Wilmington Tidal Gauge Historic Sea Level Trend....................................................48 Figure 10. Wilmington Tidal Gauge Location (Blue Pin)...........................................................48 Figure 11. Relative Sea Level Rise Curves..............................................................................49 Tables Table 1. Essential Fish Habitat species in the Eagle Island Improvements Project Area .........21 Table 2. Categories of EFH and HAPC identified in FMP Amendments affecting the South Atlantic............................................................................................................................... 22 Table 3. Endangered and Threatened Species Potentially Impacted by the Eagle Island Improvements Project (Brunswick and New Hanover Counties).......................................26 Table 4. New Hanover and Brunswick Counties Statistical Area - Total Population Data ........30 Table5. Population by Race.....................................................................................................31 Table 6. Civilian Labor Force by Occupation............................................................................32 iiiIHage Table 7. Number of households and the percentage of their respective incomes ....................33 Table 8. Comparison of Impacts to Resources.........................................................................37 Table 9. Compliance of the proposed action with executive orders..........................................41 Table 10. Relationship of the proposed action to Federal Laws and Policies ...........................45 Appendices Appendix A. Section 404 (b)(1) Analysis Appendix B. List of Draft EA Recipients Appendix C. Draft EA Comments and Agency Correspondence Appendix D. Corps Responses to Comments Appendix E. Revised Mitigation Plan and Supplemental Documents Appendix F. N.C. Division of Coastal Management Consistency Concurrence ivIPage 1.0 INTRODUCTION Wilmington Harbor, located on North Carolina's southeast coast, is one of the state's two deep - draft ports and a major contributor to its economy. The Wilmington Harbor navigation project connects deep water of the Atlantic Ocean with North Carolina State Ports Authority facilities at Wilmington, waterfront facilities in downtown Wilmington, and several businesses north of the City of Wilmington, by way of a 38 -mile -long channel along the Cape Fear River. The U. S. Army Corps of Engineers (USACE), Wilmington District, is responsible for maintaining the federally authorized Wilmington Harbor navigation project. The primary disposal facility for dredged material from the Upper Harbor reaches of the Wilmington Harbor is the Eagle Island Confined Disposal Facility (CDF), which is located on the peninsula between the Cape Fear and Brunswick Rivers, south of U.S. Highway 74/76 (Figure 1). Improvements to the Eagle Island CDF are required to provide adequate dredged material disposal capacity for continued maintenance dredging of the Wilmington Harbor navigation project. This Environmental Assessment (EA) addresses the improvement of Cells 1, 2, and 3 of the Eagle Island CDF in relation to other alternatives. The National Environmental Policy Act (NEPA) of 1969, as amended, requires consideration of the environmental impacts for major federal actions. The purpose of this EA is to ensure the environmental consequences of the proposed action are considered and that environmental and project information are available to the public. This EA has been prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, the Council on Environmental Quality (CEQ) regulations (40 Code of Federal Regulations (CFR) parts 1500-1508), and Engineering Regulation (ER) 200-2-2. 1 1 Page Figure 1. Geographical location of Eagle Island, Wilmington, North Carolina 21 Page 1.1 Incorporation by Reference The USACE has produced a number of environmental and planning reports that describe the Wilmington Harbor Federal navigation project, its ongoing and proposed improvements, the details of dredging and disposal operations required for its construction and maintenance, and the environmental aspects of the project. A number of these reports, which contain extensive background information, are listed below and are incorporated by reference. U.S. Army Corps of Engineers, Wilmington District. October 1989. Final Environmental Impact Statement (FEIS). Lona -Term Maintenance of Wilminaton Harbor. North Carolina. U.S. Army Corps of Engineers, Wilmington District. June 1996. Final Feasibility Report and Environmental Impact Statement on Improvement of Navigation, Cape Fear - Northeast Cape Fear Rivers Comprehensive Study, Wilmington, North Carolina, Volumes I, II, and III. U.S. Army Corps of Engineers, Wilmington District. June 1996. Final Supplement I to the Final Environmental Impact Statement for Wilmington Harbor Channel Widening, New Hanover and Brunswick Counties. North Carolina. U.S. Army Corps of Engineers, Wilmington District. 1996. Preliminary Assessment, Dredged Material Management Plan (DMMP), Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. 1997. Dredged Material Management Plan, Phase I Study, Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. February 2000. Environmental Assessment Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. August 2000. Finding of No Significant Impact, Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. 2001. Phase II Dredged Material Management Plan Study, Volumes I-V, Upper Portion of Wilmington Harbor, NC. U.S. Environmental Protection Agency and U. S. Army Corps of Engineers, Wilmington District. November 2001. Final Environmental Impact Statement, New Wilmington Ocean Dredged Material Disposal Site Designation. U.S. Army Corps of Engineers, Wilmington District. June 2012. Environmental Assessment, Continued Construction of Authorized Improvements, Wilmington Harbor 96 Act, Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. August 2012. Finding of No Significant Impact, Continued Construction of Authorized Improvements, Wilmington Harbor 96 Act, Wilmington Harbor, NC. U.S. Army Corps of Engineers, Wilmington District. June 2014. Draft Integrated Feasibility Report and Environmental Assessment, Wilmington Harbor Navigation Improvements, Wilmington Harbor, NC. 31 age 1.2 Wilmington Harbor Project Background The Wilmington Harbor Federal navigation project begins at the ocean bar at the entrance of the Cape Fear River. It extends through the approximate center of the river, and small islands border the channel for much of its length. These islands were created by disposal of dredged material in open water prior to the early 1970s. The Wilmington Harbor navigation channel is divided into "reaches" or segments of river, and dredging methods and disposal options vary depending on the reach location and sediment type/ quality of material to be dredged (Figure 2). The following are the authorized dimensions and approximate dredging intervals of the Upper Harbor reaches that utilize Eagle Island for the disposal of dredged material: • Lower Brunswick Channel through the Anchorage Basin channel to the Cape Fear River Memorial Bridge, including the 1200 -foot wide turning basin that consists of an authorized depth of -42 feet mlw with an allowable overdepth of 2 feet to -44 feet. This portion is dredged every one to two years; • From the Cape Fear Memorial Bridge up to 750 feet above the Hilton Railroad Bridge on the Northeast Cape Fear River consists of an authorized width of 250 feet and a depth of -38 feet (-39 feet required in areas containing rock) with allowable overdepth of 2 feet to -40 feet, to include the 800 -foot wide turning basin. The turning basin is located at the northern end of downtown Wilmington. This portion is dredged every three to four years; • From 750 feet above the Hilton Railroad Bridge to the project's northern terminus, to include the most northern 800 -foot wide turning basin, consists of an authorized depth of -34 feet with an allowable overdepth of 2 feet to -36 feet. This portion is has not been dredged since 1994. 41 Page Wilmington Harbor Q Snow's UE I.— M. . Corps M O T S i] a srgreeera Marsh - 8runswlck Count Eagle i7 maimin mn nialnct Boundary Y� Upper Harbor Reaches s �Island Lower Fourth east Anchorage Railroad � Horseshoe 1}rUnSWiC Jetty Basin Brid 25n. hoal .Reaves INId it IY Reaches upper as,n proiect Lower U rBi Brunswick Bun Stale Point Midnight Upper Midnight Lower Honer Keg tsPend g _ . ' Channnel HQft H€ItoniBridge MUTSUBwter znne / �✓ - W. _I fMdW.TON d Sew_ New Hanover County �CaralinaBeach '0e� 'r ® r� Map Date. Seplember 7.1007 Map Map 0 sawgle-1007-09< Location o 1 2 4 .. Mason hor , Milos Island --- Oak Old 01Is Island Brunswick County --- (No longer used See sechon 3 1 5 1 Outer Bar f Channel Inner Bar - New ODGID5 Channel Range 3 Ra°9a 2 island / Sculhpod - Baldhead ShoaT Ranges 1,1, 8 3 Law Ranga.t Swash .Smith Baldhead- felantl Caswell MOT5U Boundary ' - Snow's Marsh _ e Bald Head Island Horseshoe Mid River Reaches Map Date: Seplemder 1, 2007 Shoal Reaves Map 0 aawgia-2007-Oar -'-'1 - Poinl .- `Upp Mi Map 0 1 2 4 ATLANTIC OCEAN lnidr: Locat€On Miles Figure 2. Reaches of the Wilmington Harbor Navigation Project Eagle Island is divided into 5 cells, of which 3 cells are in active use. Measured from the top of dike inward, from South to North, Cell 1 consists of approximately 230 acres, Cell 2 is approximately 260 acres, and Cell 3 is approximately 265 acres. Each cell contains spillway structures that allow for the discharge of effluent (water from dredged material) into either the Brunswick River or the Cape Fear River (see Figure 3). For each dredging event, typically only one cell is used. This allows for a revolving schedule of dewatering, ditching, drying, maintenance, and dike -raising of the other two cells. 51 Page Figure 3. Eagle Island Cells 1 - 3 In a typical dredging project, material is dredged by a hydraulic cutter suction dredge and pumped into a disposal area cell. The calculated capacity of the receiving cell includes a minimum of two feet of freeboard (the vertical distance between the maximum elevation of the effluent inside the cell and the top of the dike). This freeboard allows safe inspection of the dike, prevents overtopping and minimizes the chances of a dike breach. The effluent is contained within the cell while suspended sediment settles. The "clear" effluent flows out of the cell via one or more spillways, or by pumping. Turbidity, or cloudiness, of the receiving water is analyzed in order to verify compliance with NC Department of Water Resources water quality standards. The flow of effluent is manually controlled at the spillway riser and by the rate of pumping of dredged material into the cell. 61 Page 2.0 PURPOSE AND NEED Since the early 1900's, the Upper Harbor reaches of Wilmington Harbor have been dredged using a hydraulic cutter suction dredge with disposal of the dredged material in designated disposal areas located adjacent to the channel. The Eagle Island CDF, which has been the primary disposal site for this dredged material, is rapidly filling up. Phase I of the Eagle Island Dike Improvement Project is currently underway. Phase I includes the increase of the dike heights at each of the 3 cells. The existing dikes at Cell 1 have been raised to elevation 40 feet North American Vertical Datum 1988 (NAVD 88), and Cells 2 and 3 are being raised to 42 feet (NAVD 88). Cell 1 is complete and Cells 2 and 3 will be under construction through the summer of 2018. These dike raises will not increase the footprint of the Eagle Island CDF; rather, they will be done with dike step-ins and raises to the interior of the existing dikes. Although these improvements will increase disposal capacity, the increased capacity will only last approximately 5-6 years (allowing for another 6 dredging and disposal cycles, at most). Therefore, the need remains for additional dredged material disposal capacity for the Upper Harbor reaches, beyond the dike raises currently underway. The purpose of this project is to ensure that adequate disposal capacity is available for continued maintenance of the Upper Harbor reaches of the Wilmington Harbor navigation project, and that dredged material disposal meets the federal standard. Pursuant to 33 C.F.R. § 335.7, the federal standard mandates that the dredged material disposal alternative(s) identified by the USACE represent the least costly alternative(s), consistent with sound engineering practices and meeting the environmental standards established by the Clean Water Act, Section 404(b)(1) evaluation process or ocean dumping criteria. 3.0 PROPOSED ACTION The Eagle Island CDF is located on a 1,473 -acre tract owned by the Department of the Army. The original property boundary for the site was defined by a series of rivers and creeks, some of which still exist and serve as property boundaries for the site. Eagle Island dikes were initially constructed in the late 1970's and now encompass approximately 755 acres of diked uplands, which were originally composed of uplands and tidal marsh, as well as, several tidal creeks. Over successive years of dredged material disposal, the marsh and creeks were filled and the CDF was created. Outside of the existing CDF dikes, the majority of acreage within the 1,473 -acre tract is considered jurisdictional wetlands. Historically, the site was divided into two cells, a north and a south cell. However, as part of the improvements to the CDF in 2000, the north cell was subdivided into two cells of approximately equal size. As a result, material dredged from the Upper Harbor reaches is disposed of in Eagle Island Cells 1, 2, and 3. The most feasible alternative for providing future disposal capacity is to increase the capacity of Cells 1, 2 and 3 at Eagle Island by raising the dikes to elevation 50 feet NAVD 88. To ensure dike stability, this additional raise will require the construction of a "toe berm" around portions of the outer footprint of each cell (Figure 4). These perimeter toe berms will serve as a buttressing -type support for the dike, allowing additional dike raises in increments of 3 to 5 feet, eventually reaching a maximum elevation of 50 feet NAVD 88. The toe berms and dike raises will be constructed utilizing existing material in the cells. Doing so will also increase the capacity of each cell, providing additional storage space for future disposal. 71 Page The construction of the toe berms would be accomplished in a phased approach that may occur over a period of up to 5-6 years beginning in 2019, as Federal funding becomes available for the Wilmington Harbor Navigation Construction project. The proposed dike raise to elevation 50 feet NAVD 88 would provide disposal capacity for an additional 10-12 years (until year 2032). The affected environment consists of resources in the vicinity of Eagle Island and the impacts associated with implementation of the proposed action as compared to No Action. Project construction will result in permanent impacts to 35.5 acres of tidal freshwater marsh and approximately 3 acres of upland tree/shrub habitat, for a total of 38.5 acres, and will result in short-term impacts to water quality, air quality, and noise levels in the project area. Within the 35.5 acre footprint of impacts to tidal freshwater marsh, 2.85 acres are located below the Mean High Water (MHW) line, and therefore are subject to the ebb and flow of daily tides (see colored areas identified below the 2 -foot contour elevation, Appendix E, Figure 1). Construction within these in -water areas is proposed to occur outside of the Primary Nursery Area Moratorium dates of April 1 — July 31 to avoid death or harm to anadromous fish. Mitigation proposed to offset the 35.5 acres of impacts is discussed in Section 5.16 and Appendix E, and will result in no net loss of wetlands. Some temporary impacts are also anticipated with the construction of the toe berms, therefore, a 10 -foot construction corridor has been identified to capture any additional disturbance in jurisdictional areas: cutting back of Phragmites, silt fence installation, placement of coir logs/hay bales, and use of logging mats if heavy equipment will be working within wetlands. To address construction impacts within the 2.85 acres of vegetated and open water areas located below MHW, coffer dams may be erected to isolate the area from tidal influence during toe berm construction. Rock (rip -rap) may be used within the toe berm footprint to minimize turbidity and provide long-term stabilization of the toe berm. Turbidity curtains may also be erected and kept in place until construction areas are stabilized to prevent turbidity within the receiving waters. Affected areas will be brought back to original grade and restored. Toe berms will be layered with erosion control matting and seeded for stability. Once the toe berms are stable, the silt fencing will be removed. The proposed improvements to Eagle Island CDF fulfill the purpose and need described above, as it ensures that adequate disposal capacity is available for continued maintenance of the Upper Harbor reaches of the Wilmington Harbor navigation project, and that the dredged material disposal meets the Federal standard. 81 Page Sleight 200 160 120 �80 40 0 40 -80 -120 TYPICAL CROSS SECTION 60 120 180 300 c 420 460 Length Figure 4. Typical Cross Section of Proposed Dike Raise and Toe Berm 4.0 ALTERNATIVES CONSIDERED BUT ELIMINATED 4.1 NO ACTION - Disposal in the Wilmington Ocean Dredged Material Disposal Site (ODMDS) The No Action alternative would be the continuance of currently utilized disposal practices at Eagle Island CDF and completion of the current dike raises at Cells 2 and 3 to elevation 42 feet NAVD 88. The Cell 1 dike cannot be raised above 40 feet without the construction of toe berms. Dike raises at Cells 2 and 3 to 42 feet NAVD 88 are being done with step-ins to the interior of the dike. Since toe berms are not required for this raise, the overall footprint would not change. These improvements will add approximately 1 year of capacity for a total of six years of volume life at Eagle Island CDF. Beyond that time, Eagle Island will no longer have the capacity to accept dredged material. Therefore, maintenance dredging projects that have historically disposed of dredged material at Eagle Island CDF will require transport to another approved disposal location. Currently, the only disposal area suitable for this fine-grained dredged material is the ODMDS. The ODMDS is located in the Atlantic Ocean, offshore of the mouth of the Cape Fear River, approximately 38 miles from the upper reaches of the Wilmington Harbor navigation project. Once capacity at Eagle Island CDF is exhausted, the only other currently available disposal method is to perform bucket and barge dredging and dispose of the material in the ODMDS. The assumed dredge for this is a 21 cubic yard (CY) clamshell dredge and the barges are assumed to be 3,000 CY dump scows. Environmental restrictions prohibit overflow from the barges, which limits the amount of dredged material that can be placed in each scow. A 90% capacity and 50% fill ratio are assumed as average. This would result in an additional 1.2 million cubic yards of material going to the ODMDS every year, and a rough order of 91 'age magnitude (ROM) cost estimate for transporting material from the Anchorage Basin reach to the ODMDS at $11.90/CY (unescalated), resulting in an annual cost of approximately $14,280,000. Disposal of dredged material from the Anchorage Basin and upper reaches into the ODMDS would cost significantly more than dike improvements and disposal in the Eagle Island CDF. The estimated cost to dredge the Anchorage Basin and pump material to the Eagle Island CDF is $3.25/CY (an annual cost of $3.9 million). Dike raises to 50 feet with supportive toe berms are estimated to cost a total of $64,330,000 (unescalated, including the cost of mitigation), resulting in average annual costs of $8,041,000 over a period of 8 years. 4.2 Development of Cells 4 & 5 This alternative would involve the development of two new cells (Cells 4 and 5) located just to the north of Cell 3. Cells 4 and 5 would act as a direct dredged material disposal site or as storage area for dry material from Cells 1, 2 and3. The former would require construction of perimeter dikes and spillway structures to facilitate the disposal of excess water from the dredged material slurry. Dike construction would likely require a minimum of 3 years and would need to start within the next 4 years to be available for use before Cells 1, 2 and 3 are full. Dikes at Cells 4 and 5 would have to be constructed to an approximate elevation of 40 feet NAVD 88 to provide a 15 -year project life, and to elevation 60 feet NAVD 88 to provide capacity for up to 20 years. Cells 4 and 5 could also be developed as a dry storage area. This would be accomplished by drying material in Cells 1-3 and dry hauling to Cells 4 and 5 to restore some capacity in Cells 1, 2 and 3. Material would be placed in small layers across the site, eliminating the need for dikes and spillways. Erosion control would be provided as required. Use of Cells 4 and 5 for disposal or storage will require upfront mitigation. It is estimated that the majority of the footprint of the proposed cells (approximately 160 acres) contains intertidal wetlands that are of relatively high function and value. The current cost to mitigate for one acre is $175,147 according to the 2017 NC Division of Mitigation Services (DMS) In -Lieu Fee (ILF) Program, resulting in a mitigation cost of roughly $28 million. This mitigation cost is significantly higher than mitigation costs for Eagle Island dike raise to 50 feet, and for this reason, construction of Cells 4 and 5 was eliminated from further consideration. 4.3 New Upland CDF Another measure considered was the construction of a new upland disposal site. To be viable, a new site would have to be at least 1,000 acres and similar in proximity to the harbor as the Eagle Island disposal site. Aerial photography of the area was used to identify any potential future sites 1,000 acres in size within a radius of 2 miles of the Harbor. Analysis revealed that there are no undeveloped uplands of the size available to construct a new disposal site. Undeveloped wetlands would require mitigation fees as stated above, that would render the project impracticable. Due to a lack of undeveloped uplands in the harbor vicinity, construction of a new disposal site is not viable. Moreover, if directly pumping into the disposal area is not possible due to the distance, material may have to be double -handled and trucked to the disposal area. Due to the close proximity of Eagle Island, an upland alternative farther inland would be more costly to construct and utilize than disposal in the Eagle Island CDF or the ODMDS. For these reasons, construction of a new upland disposal site was eliminated from further consideration. 101 Page 4.4 Raise Eagle Island Dikes to Elevation of 52 feet and 62 feet Raising the Eagle Island dikes to the elevation of either 52 feet or 62 feet was also analyzed. These were the original elevations considered for the project; however, there were significant stability and settlement issues with raising the Cell 1, 2 and 3 dikes above elevation 50 feet NAVD 88. Raising the dikes to these elevations may result in stability issues or a breach of the dikes, which would result in potential impacts to water quality and wetlands or impediments to navigation in the river. Geotechnical evaluations indicate that neither of these heights are economically feasible; therefore, this plan was eliminated from further consideration. 5.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES The focus of this EA is the improvements to Eagle Island Cells 1, 2 and 3 to increase their capacity for future disposal. Therefore, the affected environment consists of resources in the vicinity of Eagle Island and the impacts associated with implementation of the proposed action as compared to No Action. Impacts associated with continuing dredging and disposal operations will not be addressed, as they have been addressed in previous NEPA documents. Based on detailed vegetation analysis that was completed in 2015, the Eagle Island dike improvements will result in permanent impacts to 35.5 acres of jurisdictional wetlands. The vegetation mapping effort conducted in 2015 categorized the areas within the toe berm impacts into five classes: "Native", "Majority Phrag", "Mix - Native/Phrag", "Tree/Shrub", and "Water" (Appendix E, Figure 1). As demonstrated in this figure, the majority of impacts are to Phragmites-dominated wetlands (34.79 ac). Areas identified in green as tree/shrub were ground-truthed and determined to be uplands. Native, mixed, and open water impacts were combined to equal 0.66 acre, and together, jurisdictional impacts total 35.5 acres. 5.1 Geology and Sediments. Dredged material deposited in the Eagle Island CDF is from dredging work in the Anchorage Basin and upper reaches of the Wilmington Harbor project. Sediments in the Wilmington Harbor project area have been routinely tested and evaluated and grain -sizes have been, and continue to be, periodically characterized throughout the life of the project. Sediments previously deposited in Cells 1, 2 and 3 of Eagle Island will be used to construct the proposed improvement project. The physical and chemical character of Wilmington Harbor shoaled material was most recently evaluated in 2016. Multiple composite samples, representing specific dredging units throughout the Wilmington Harbor project, underwent physical and chemical testing where applicable. For sediment originating in the project's upper reaches (near the NC State Ports facilities and the Anchorage Basin), about 76% of material was organic silt and clay, about 23.7% was sand, and about 0.3% was gravel, by weight. Arsenic was the primary contaminant of concern for this material, and was detected above both the threshold effect level (TEL) and effects range -low (ERL) in at least one of the two composited samples. Dike Raises to 50 Feet. The proposed dike raise would increase the footprint of Cells 1, 2 and 3 by approximately 80 acres (Figures 5 and 6). This will be due to the construction of a necessary support berm at the toe of the existing dike. The toe berms will be at varying elevations ranging from a top elevation of approximately 20-27 feet and surround portions of all 3 111 Page cells, and will be constructed from existing material from the inside of the cells. Depending on the condition of the existing dikes, the top surface width of the toe berm would vary from 25 to 120 feet. Sections of the dike around Cell 1 appear to be the most unstable, requiring the most added width for support. The proposed dike raise should have no impact on the project area's geology or sediments. Once toe berms are in place and dike raises are achieved, disposal practices for the Wilmington Harbor navigation project will continue as normal and dredged material composition is not expected to change. No Action. Continuing dredged material disposal with no dike raise will have no impact on the project area's geology or sediments as the footprint of the cells and dikes on Eagle Island would not change. 121 Page Figure 5. Footprint of the Toe Berm Required to Support Cell 1 Dikes at Elevation 50ft 131 Page Figure 6. Footprint of the Toe Berm Required to Support Cell 2 & 3 Dikes at Elevation 50ft 141 Page 5.2 Water Resources. 5.2.1 Water Quality. The Cape Fear River naturally carries a large amount of sediment from inland to the Atlantic Ocean and drains broad areas of coastal plains. The relatively slow moving water allows higher concentrations of tannins, essentially making the river a blackwater system. These, combined with the relatively heavy marine industrial traffic and urban development along both sides of the River and its tributaries, can affect the River's water quality, including clarity. During times of poorer water quality due to high suspended sediment loads, pollution, and runoff; submerged aquatic vegetation and associated fauna, marshes, and nektonic communities (fish, shellfish, and marine reptiles and mammals) may be adversely impacted. The EPA has developed a system to identify drainage areas by assigning a Hydrologic Unit Code (HUC) to watersheds. The Cape Fear River's HUC is 03030005. The NC Division of Water Resources designates classifications for surface water bodies in the State. These classifications define the best uses to be protected within each water body. The Cape Fear River from the mouth of Toomers Creek to Federal Point is SC and HQW; and the Brunswick River is SC. The classification definitions are: • Class SC = All tidal salt waters protected for secondary recreation such as fishing, boating, and other activities involving minimal skin contact; fish and noncommercial shellfish consumption, aquatic life propagation and survival, and wildlife. • High Quality Waters (HQW) = Supplemental classification intended to protect waters which are rated excellent based on biological and physical/chemical characteristics through Division monitoring or special studies, primary and other functional nursery areas designated by the Marine Fisheries Commission. 5.2.2 Hydrology. Tides in the project area are semidiurnal and the mean tidal range (difference between mean high water and mean low water) at downtown Wilmington is approximately 4.3 feet. The mean tidal range in the Atlantic Ocean near its confluence with the Cape Fear River is between 5 and 6 feet. The River's salinity is approximately 35 parts per thousand (ppt) at its confluence with the Atlantic Ocean. Salinity decreases upstream and near downtown Wilmington fluctuates within the brackish (0.5 — 30 ppt) range; the salinity dependent upon inflow from the upper Cape Fear, the Brunswick River, and the Northeast Cape Fear River. Dike Raises to 50 Feet. Elevating the dikes around Cells 1, 2 and 3 would require the construction of a perimeter toe berm to support the structure. Estimated impacts of the toe berm are approximately 35.5 acres of freshwater tidal marsh. Filling this low-lying area would convert wetlands into uplands, displacing water and any potential habitat that exists. Adverse impacts to water quality resulting from the toe berm construction would be short-lived and within levels required by the water quality certification. All efforts to reduce sedimentation and turbidity and 151 Page control erosion during construction will be implemented. The preferred alternative would have no adverse effect on the project or surrounding area's hydrology. No Action. Under the No Action alternative, no impacts will occur to wetlands or waters as the footprint of the existing CDF will not change. 5.3 Air Quality. New Hanover and Brunswick Counties are currently listed as "attainment" areas for all Criteria pollutants which have a National Ambient Air Quality Standard (NAAQS) published with the exception of Sulfur Dioxide (SO2). Brunswick County is currently listed as "unclassifiable" for SO2 by the EPA. The project area in New Hanover and Brunswick Counties is considered as having a status of "attainment/unclassifiable". (Personal communication, Mr. Brad Newland, Regional Supervisor, NC Department Environmental Quality, Division of Air Quality, Wilmington Regional Office, February 10, 2017). Dike Raises to 50 Feet. Temporary increases in exhaust emissions from construction equipment are expected during construction of dike raises and toe berms. The State of North Carolina has a State Implementation Plan ("SIP") approved or promulgated under Section 110 of the Clean Air Act (CAA), as amended. However, a conformity determination is not required because Brunswick and New Hanover Counties have been designated by the State of North Carolina as attainment/unclassifiable areas, and the direct and indirect emissions from the project fall below the prescribed de minimus levels (58 Fed. Reg. 93.153(c)(1)). Therefore, no conformity determination would be required. The preferred alternative is not anticipated to result in any adverse effects on the air quality of Brunswick and New Hanover Counties' attainment areas. The project would be in compliance with Section 176 (c) of the CAA, as amended. No Action. The No Action alternative would not result in any adverse effect on the air quality in this two -county attainment/unclassifiable area other than an increase in fuel consumption and the resultant exhaust emissions due to round trip travel to/from the ODMDS when disposal in Eagle Island CDF is no longer viable. Even with this type of increase, the project would remain in compliance with Section 176 (c) of the CAA, as amended. 5.4 Marine and Estuarine Resources 5.4.1 Nekton Nekton collectively refers to aquatic organisms capable of controlling their location through active movement rather than depending upon water currents or gravity for passive movement. In the project area, there are estuarine and fresh water species such as: largemouth bass (Micropterus salmoides), pickerel (Esox americanus), sunfish (Lepomis spp), crappie (Pomoxis spp), bluegill (Lepomis macrochirus), and speckled trout (Cynoscion nebulosus). The Cape Fear River is a passageway for the larvae of many species of commercially or ecologically important fish. Spawning grounds for many marine fishes are believed to occur on the continental shelf with immigration to estuaries during the juvenile stage. The shelter provided by the marshes and shallow water habitats within the project area's estuarine waters serves as nursery habitat where young fish undergo rapid growth before returning to the offshore environment. 161 Page The State of North Carolina defines Primary Nursery Areas (PNAs) as tidal saltwater, which provide essential habitat for the early development of commercially important fish and shellfish (15 NCAC 3B .1405). It is in these estuarine areas that many fish species undergo initial post - larval development. PNAs are designated by the North Carolina Marine Fisheries Commission. The Cape Fear River PNAs are defined as follows: "all waters north of a line beginning on the west shore at a point 340 10.4410' N - 770 57.7400'W-1 running easterly through Beacon "59" to the east shore to a point 340 10.4050' N - 770 57.1310' W; with the exception of the maintained channel, and all waters north of a line beginning on the west shore at a point 340 04.6040' N - 77° 56.4780'W-1 running easterly through Beacon "41" to the east shore to a point 340 04.7920' N - 77055.4740'W-1 with the exception of 300 yards east and west of the main shipping channel up to Beacon "59" (mouth of Brunswick River)". Map #27 from the NC Division of Marine Fisheries' website, (http-//portal.ncdenr.org/web/mf/primary-nursery-areas), depicts the PNAs within the project area (Figure 6). Secondary Nursery Areas (SNAs) are defined by rule 15 NCAC 3N .0102(c) as: ".... those areas in the estuarine system where later juvenile development takes place. Populations are usually composed of developing sub—adults of similar size which have migrated from an upstream primary nursery area to the secondary nursery area located in the middle portion of the estuarine system." These areas are located adjacent to PNAs, are generally deeper and contain mixed populations of large juveniles, sub -adults, and adults. 171 Page Figure 7. Identified PNA (areas within red lines) in the project area. 5.4.2 Benthos. Aquatic organisms that live in close association with the bottom, or substrate, of a body of water are collectively called the benthos. Common benthic organisms in these sediments would likely include polychaetes, amphipods, decapods, and mollusks. Given the susceptibility of the project area to currents, water movement, water depths, and the amount of suspended sediment, large benthic communities and large numbers of organisms are not expected. Lawler, Matusky & Skelly Engineers (1975) conducted a benthic investigation at six stations ranging from near the mouth of the Cape Fear River up to the mouth of Smith Creek in the Northeast Cape Fear River. Polychaetes dominated the benthic fauna below MOTSU. Of the 21 species collected, only five species occurred above Snows Cut and only one species at Smith Creek. Species included (Scolecolepides virdis), (Capitella capitata), (Branchioasylis americana), (Drilonereis longa) and (Nereis succinea). Oligochaetes were the most abundant group in the entire river, comprising 35% of all collected fauna. They were most abundant from Campbell Island to the Anchorage Basin. Amphipods (Gammarus spp.) occurred in all samples but were most abundant near MOTSU, the Anchorage Basin and at Smith Creek. Other common species collected were Cumaceans and Isopods.Woodward-Clyde Consultants (1980) surveyed the benthos in the vicinity of the Anchorage Basin. Nematodes, the spionid polychaete (S viridis), and the isopod (Chiridotera almyra) were dominant in the medium -fine 181 Page sand. The silty clay substrate was dominated by the oligochaete (Pelosco/es benedeni) and by an amphipod (Gammarus sp). Shellfish beds are present in the Cape Fear Estuary; however, they are primarily south of Snows Cut (Woodward -Clyde Consultants 1980) well south of the area of potential effect for the proposed Eagle Island CDF improvements. 5.4.3 Intertidal Macrofauna. Intertidal portions along the fringes of Eagle Island are inhabited by various species of polychaete worms and amphipods. These organisms are important food sources for numerous bird species that may be present in the area. 5.4.4 Submerged Aquatic Vegetation (SAV). A category of Essential Fish Habitat (below), SAV beds form a complex and important ecosystem. SAV are not prolific in the Cape Fear River or adjacent waters and there are none in waters around Eagle Island. Although SAV can quickly populate shallow bottom when conditions are conducive, the currents, deeper depths, and amount of suspended sediments minimizing light penetration in the water column will limit the likelihood that SAV will populate the majority of the project area. Dike Raises to 50 Feet. Most free-swimming animals, including fish, shellfish, marine mammals, sea turtles, and cephalopod mollusks, are not expected to experience any significant direct effects from the proposed action. Likewise, benthos are not anticipated to be adversely impacted by the proposed project as they are expected to move and avoid areas during construction. Some mortality is inevitable; however, numbers would be negligible in relation to overall populations. Impacts associated with construction are expected to be minimal, temporary, and short-lived. Because SAV is not present in the marsh around Eagle Island, it would not be impacted. Overall impacts of the proposed action on PNAs are expected to be insignificant. PNA within the project area has been identified by the Mean High Water (MHW) line, which is also the 2 -foot elevation contour as shown in Appendix E, Figure 1. The construction of toe berms would permanently impact approximately 2.85 acres of tidal area waterward of MHW surrounding Eagle Island, the majority being adjacent to the Brunswick River (included as part of the total 35.5 acres). To avoid impacts to fisheries within the PNA areas, every effort will be made to construct the toe berms within this 2.85 acres outside the window of April 1 to July 31. If construction within these areas cannot avoid this timeframe, coordination with environmental agencies will occur prior to work in these areas. The impacted marsh is vegetated primarily with Phragmites australis, or common reed, a non- native, aggressive wetland grass. There are benthos and intertidal macrofaunal organisms present here, and those within the footprint of the toe berm would be buried. This impact is unavoidable but is considered to be minimal in comparison to the area's overall populations. No Action Alternative. The No Action alternative is not expected to adversely affect any marine or estuarine resources. 5.5 Fisheries and Essential Fish Habitat (EFH). The 1996 Congressional amendments to the Magnuson -Stevens Fishery Conservation and Management Act (MSFCMA) (PL 94-265) set forth new requirements for the National Marine 19 1 Page Fisheries Service (NMFS), regional fishery management councils (FMC), and other federal agencies to identify and protect important marine and anadromous fish habitat (those that depend on both freshwater and saltwater). These amendments established procedures for the identification of EFH and a requirement for interagency coordination to further the conservation of federally managed fisheries. Wilmington Harbor supports several popular recreational and commercial aquatic species. Some species common to the area include: White shrimp (Litopenaeus setiferus), blueback herring (Alosa aestivalis), American shad (Alosa sapidissima), hickory shad (Alosa mediocris), alewife (Alosa pseudoharengus), striped bass (Morone saxatilis), shortnose sturgeon (Acipenser brevirostrum) and Atlantic sturgeon (Acipenser oxyrhynchus), and American eel (Anguilla rostrate). Anadromous species (herring, shad, alewife, striped bass, and sturgeon) pass through the Cape Fear estuary en route to upper river spawning and nursery areas (Walburg and Nichols, 1967; Nichols and Louder, 1970). Anadromous fish use is highest from mid -winter to mid -spring. The catadromous American eel (Anguilla rostrata), is widely distributed in the Cape Fear River estuary (Schwartz et al, 1981). Table 1 lists, by life stages, fish and crustacean species which may occur in the vicinity of Wilmington Harbor, and for which Fishery Management Plans (FMPs) have been developed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), and NMFS. These fish species and habitats require special consideration to promote their viability and sustainability. 201 Page Table 1. Essential Fish Habitat species in the Eagle Island Improvements Project Area Common Name INVERTEBRATES Brown shrimp White shrimp Pink shrimp COASTAL DEMERSALS Red drum Bluefish Summerflounder COASTAL PELAGICS Spanish mackerel King mackerel Cobia SNAPPERS/GROUPERS Black sea bass Rock sea bass Gag grouper Red grouper Black grouper Lane snapper Mutton snapper Gray Yellowjack Blue runner Crevalle jack Bar jack Atlantic spadefish Sheepshead Scientific Name Life Stag Farfantepenaeus aztecus LJA Litopenaeus setiferus LJA Farfantepenaeus LJA Sciaenops ocellatus ELJA Pomatomus saltatrix JA Paralichthys dentatus LJA Scomberomorus Scomberomorus cavalla Rachycentron canadum Centropristis striata Centropristis philadelphica Mycteroperca microlepis Epinephelus morio Mycteroperca bonaci Lutjanus synagris Lutjanus analis Lutjanus Carangoides bartholomaei Caranx crysos Caranx hippos Caranx ruber Chaetodipterus faber Archosargus probatocephalu JA JA JA Common Name SHARKS Smooth dogfish SMALL COASTAL SHARKS Atlantic sharpnose shark Finetooth shark Blacknose shark Bonnethead shark LARGE COASTAL SHARKS Silky shark Tiger shark Blacktip shark Spinner shark Bull shark Lemon shark Nurse shark Scalloped hammerhead Great hammerhead Smooth hammerhead Scientific Name Life Stag Mustelus canis J Rhizoprionodon JA Carcharhinus isodon JA Carcharhinus acronotus JA Sphyrna tiburo JA Carcharhinus falciformis Galeocerdo cuvieri Carcharhinus limbatus Carcharhinus brevipinna Carcharhinus leucas Negaprion brevirostris Ginglymostoma cirratum Sphyrna lewini Sphyrna mokarran Sphyrna zygaena Legend: E, Egg; L, Larval; J, Juvenile; A, Adult Source: Habitat Protection Division, Pivers Island, JA JA JA JA JA JA JA JA JA JA Table 2 lists categories of EFH and Habitat Areas of Particular Concern (HAPC) for managed species that were identified in the FMP Amendments affecting the South Atlantic area. HAPC's are subsets of EFH which are rare, particularly susceptible to human -induced degradation, especially ecologically important, or located in an environmentally stressed area. The EFH categories in Wilmington Harbor are indicated by an * in Table 2. 211 Page Table 2. Categories of EFH and HAPC identified in FMP Amendments affecting the South Atlantic Estuarine Areas Estuarine Emergent Wetlands* Estuarine Scrub/Shrub Mangroves Submerged Aquatic Vegetation Oyster Reefs & Shell Banks* Intertidal Flats* Palustrine Emergent & Forested Wetlands Aquatic Beds Estuarine Water Column* Seagrass Creeks Mud Bottom Areas Live/Hard Bottoms Coral and Coral Reefs Artificial/Man-made Reefs Sargassum Water Column` GEOGRAPHICALLY DEFINED HAPC Area -wide Council -designated Artificial Reef Hermatypic (reef -forming) Coral Habitat & Hard Bottoms Hoyt Hills Sargassum Habitat State -designated Areas of Importance for Managed Species Submerged Aquatic Vegetation (SAV) North Carolina Big Rock Bogue Sound Pamlico Sound at Hatteras/Ocracoke Islands Capes Fear, Lookout, & Hatteras (sandy New River The Ten Fathom Ledge The Point In addition, the State of North Carolina has prepared FMPs for several fish species that utilize resources within the project area. These species include striped mullet, spotted trout, southern flounder, sea mullet (kingfish) (3 species), striped bass, and red drum. All of these species use the project area during a portion of their life cycle. According to the NOAA Habitat Conservation EFH Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htm1), Coastal Migratory Pelagic species make their way up the Cape Fear River and beyond the Eagle Island CDF. They utilize areas within the Brunswick and Cape Fear Rivers just beyond the existing dikes at Eagle Island. These areas are also Habitat Areas of Particular Concern. Dike Raises to 50 Feet. The proposed improvements to Eagle Island CDF will result in filling 35.5 acres of Phragmites-dominated tidal marsh and permanently impact mixed estuarine - freshwater emergent wetlands that include EFH and HAPC. Adverse impacts related to the toe berm construction will be offset by purchase of tidal freshwater marsh mitigation credits as described in Section 5.16 and Appendix E. Additional impacts from construction will be avoided 22 1 Page by implementing a construction window of April 1 — July 31 within areas located below MHW (2ft contour elevation), and utilizing best management practices to keep fill material contained. This will aid in reducing turbidity in the surrounding waters and allow fisheries that visit these habitat areas to utilize them unharmed. No Action. The No Action alternative would not result in impacts to EFH or HAPC. 5.6 Terrestrial Resources. Terrestrial resources found at the Eagle Island CDF are the result of frequent and recurring activities including maintenance and raising of dikes as well as the disposal of dredged material. Dikes are vegetated primarily with various grass species and Phragmites and some shrub thickets of wax myrtle (Myrica cerifera), silverling (Baccharis halimiflora), yaupon (Ilex vomitoria), marsh elder (Iva frutescens), and Virginia red cedar (Juniperus virginiana) are found on the outer portions of the marsh, away from the dikes. Birds frequenting the Island include marsh hawks (Falco cyaneus), kestrels (Falco sparverius), bald eagles (Haliaeetus leucocephalus), mourning doves (Zenaida macroura), fish crows (Corvus ossifragus), starlings (Sturnus vulgaris), meadowlarks (Sturnella magna), boat tailed grackles (Quiscalus major), and savannah sparrows (Passerculus sandwichensis). Migratory birds include black -necked stilts (Himantopus mexicanus), red -winged blackbirds (Agelaius phoeniceus), winter sparrows (Spizella arbores), common grackles (Quiscalus quiscula), bobolink (Dolichonyx oryzivorus), anhinga (Anhinga anhinga), painted buntings (Passerina ciris), and tree swallows (Tachycineta bicolor). A number of species of ducks, wading birds, and other shore birds can be found at various times in the flooded cells and during times of discharge of dredged material. Gray squirrels (Sciurus carolinensis), marsh rabbits (Sylvilagus palustris), white-tailed deer (Odocoileus virginianus), raccoon (Procyon lotor), fox (Vulpes vulpes), nutria (Myocaster coypus), opossum (Didelphis virginiana), coyotes (Canis latrans), and bobcats (Lynx rufus) are present on or in the vicinity of Eagle Island. Reptilian and amphibian species observed or likely present on Eagle Island include the southern leopard frog (Lithobates sphenocephalus), green tree frog (Hyla cinerea), black rat snake (Pantherophis obsoletus), eastern cottonmouth (Agkistrodon piscivorus), copperhead snake (Agkistrodon contortrix), yellow -bellied slider turtle (Trachemys scripts scripts), snapping turtle (Chelydra serpentine), and the American alligator (Alligator mississippiensis). Dike Raises to 50 Feet. Construction of the toe berms will permanently impact approximately 3 acres of terrestrial habitat. During construction of the toe berms, temporary adverse impacts will occur to land-based organisms that cannot move or burrow in the ground; however, most will likely vacate the area and return when construction is complete. Following completion of construction, the cells will be periodically filled with dredged material in addition to routine maintenance (mowing, ditching, minor dike repair, travel -way repair, etc). These types of impacts are routine on Eagle Island and have been for approximately the past 50 years. The majority of the terrestrial resources are opportunistic and/or pioneering; therefore, impacts of the proposed project, which are anticipated to be temporary, minimal, and short-lived, will allow for new individuals to utilize the habitat following completion of construction or dredged material disposal events. 231 Page No Action. The No Action alternative involves continued use of Eagle Island CDF until no capacity for dredged material remains. Impacts to terrestrial resources will continue as before (periodic filling, ditching, maintenance activities, etc.) until the site can no longer be used. Until then, these impacts are ongoing, and the majority of the terrestrial resources in the area have either adapted or moved north of the cells where there is less disturbance. 5.7 Wetlands. Eagle Island is fringed by marsh/wetlands suited to brackish water. Phragmites australis predominates, while cattails (Typha latifolia, T angustifolia, and T domingensis) are interspersed with Spartina alterniflora and patens, Scirpus spp, Juncus roermerianus and various other species of reeds, rushes, and sedges. Areas dominated by Phragmites are considered to be of lower quality (refer to Revised Mitigation Plan in Appendix E) and provide less habitat for native species; however, they are still useful for flood protection, erosion control and improving water quality. Dike Raises to 50 Feet. In 2010 and again in 2015, the USACE conducted preliminary wetland identification surveys around the Eagle Island CDF and determined that there is extensive tidal freshwater marsh fringing the Island. The proposed toe berm construction will fill approximately 35.5 acres of freshwater tidal marsh vegetated almost exclusively with Phragmites which will be mitigated, so there is a no net loss of wetlands (refer to section 5.16 and Appendix E for details). Temporary impacts may occur to approximately 6.3 acres of wetlands within a 10 -foot construction corridor (refer to section 5.17), however this area will be fully restored once construction is complete. No Action. The No Action alternative would not require impacts outside of the existing dikes, therefore no impacts to wetlands would occur. 5.8 Floodplains. A floodplain is an area of land adjacent to a body of water that is inundated during flood events. The 100 -year flood is a flood event that has a 1 % probability of occurring in any given year. The 100 -year flood plain is established by the Federal Emergency Management Agency (FEMA) and is identified on Federal Insurance Rate Maps. Base flood elevations for flood zones and velocity zones are also identified by FEMA, as are designated floodways. Adverse impacts to floodplains occur when an activity removes an area that flood waters could otherwise occupy, thereby raising the elevation of flood waters and possibly increasing flooding at another location. Dike Raises to 50 Feet. The proposed project involves the construction of a toe berm with a footprint of approximately 80 acres. Approximately 35.5 acres of this impact are located in tidal freshwater marsh around the base of the Eagle Island CDF. While this impact is unavoidable, it may adversely impact the floodplain by slightly increasing the chance or severity of flooding at nearby locations. Looking at a cross-sectional image of the river where it intersects with the widest portion of the toe berm (on the southwest side of Cell 1 adjacent to the Brunswick River), would give an approximate idea of volumes of material displacing tidal marsh and the affect it would have on the river system in the event of a flood. Given the size of the Cape Fear, Northeast Cape Fear, and Brunswick Rivers, and the acreage of tidal wetlands in the project area, this impact is negligible. 241 Page No Action. Under No Action, the Eagle Island dikes would not be expanded beyond 42 foot elevation; therefore, toe berms would not be required and no changes to the floodplain would occur. 5.9 Endangered and Threatened Species. The Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543), provides a program for the conservation of threatened and endangered (T&E) plants and animals and the habitats in which they are found. In accordance with section 7 (a)(2) of the ESA, the USACE is initiating consultation with the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) to ensure that effects of the proposed project would not jeopardize the continued existence of listed species or result in the destruction or adverse modification of designated critical habitat of such species. Updated lists of endangered and threatened species for the project area were obtained from NMFS (Southeast Regional Office, St. Petersburg, FL) and the USFWS (Field Office, Raleigh, NC). These were combined to develop the composite list shown in Table 3, which includes T&E species that could be present in the area based upon their historical occurrence or potential geographic range. However, the actual occurrence of a species in the area depends upon the availability of suitable habitat, the season of the year relative to a species' temperature tolerance, migratory habits, and other factors. For the upper Wilmington Harbor portion of the Cape Fear River, the only species that may occur in the project area are two endangered sturgeon species: shortnose (Acipenser brevirostrum) and Atlantic (Acipenser oxyrinchus oxyrinchus). Whales, manatee, and sea turtles species are not likely to occur in the project area or be affected by the proposed project. Furthermore, the Eagle Island CDF does not provide habitat for any of the listed bird species in the area: piping plovers and red knots prefer oceanfront beaches, red cockaded woodpeckers are accustomed to long leaf forests, and the wood stork favors cypress trees and mangrove swamps. 251 Page Table 3. Endangered and Threatened Species Potentially Impacted by the Eagle Island Improvements Project (Brunswick and New Hanover Counties) Species Common Names MAMMALS Blue whale Finback whale Humpback whale Right whale Sei whale Sperm whale W Indian manatee Scientific Name (Balaenoptera musculus) (Balaenoptera physalus) (Megaptera novaeangliae) (Eubaleana glacialis) (Balaenoptera borealis) (Physeter macrocephalus) (Trichechus manatus) Piping plover (Charadrius melodus) Red cockaded woodpecker (Picoides borealis) Red knot (Calidris canutus rufa) Wood stork (Mycteria Americana) REPTILES Green sea turtle Hawksbill sea turtle Kemp's ridley sea turtle Leatherback sea turtle Loggerhead sea turtle FISHES Atlantic sturgeon Shortnose sturgeon (Chelonia mydas) (Eretmochelys imbricate) (Lepidochelys kempii) (Dermochelys coriacea) (Caretta caretta) (Acipenser oxyrinchus oxyrinchus) (Acipenser brevirostrum) Federal Status Endangered Endangered Endangered Endangered Endangered Endangered Endangered Threatened Endangered Threatened Threatened Threatened' Endangered Endangered Endangered Threatened Endangered Endangered 'Green turtles are listed as threatened, except for breeding populations in Florida and on the Pacific Coast of Mexico, which are listed as endangered. 5.9.1 Status, Distribution, and Habitat Shortnose Sturgeon The shortnose sturgeon inhabits large Atlantic coast rivers from New Brunswick, Canada south to northeastern Florida. Adults in southern rivers are estuarine anadromous, foraging at the freshwater -saltwater interface and moving upstream to spawn in the early spring. Although the shortnose sturgeon is anadromous, they spend most of their life in their natal river systems and rarely migrate to marine environments. Spawning habitats include river channels with gravel, gravel/boulder, rubble/boulder, and gravel/sand/log substrates. Spawning in southern rivers begins in later winter or early spring and lasts from a few days to several weeks. Juveniles occupy the freshwater -saltwater interface, moving back and forth with the low salinity portion of the salt wedge during summer. Juveniles typically move upstream during the spring and summer and downstream during the winter, with movements occurring above the freshwater -saltwater interface. In southern rivers, both adults and juveniles are known to congregate in cool, deep thermal refugia during the summer. The shortnose sturgeon is a benthic omnivore, feeding on crustaceans, insect larvae, worms, and mollusks. Juveniles 261 Page randomly vacuum the bottom and consume mostly insect larvae and small crustaceans. Adults are more selective feeders, feeding primarily on small mollusks (NMFS 1998). Atlantic Sturgeon The Atlantic sturgeon was listed as endangered under the ESA on February 6, 2012 (77 FR 5914, 77 FR 5880). The spawning population in the Cape Fear River system is thought to number less than 300 adults [Atlantic Sturgeon Status Review Team (ASSRT) 2007]. Atlantic sturgeon spawn in freshwater but spend most of their adult life in the marine environment. Spawning adults generally migrate upriver in the spring/early summer (Smith and Clugston 1997). Spawning is believed to occur in flowing water between the salt front and fall line of large rivers. Post -larval juveniles move downstream into brackish waters and eventually move to estuarine waters where they reside for a period of months or years (Moser and Ross 1995). Sub -adult and adult Atlantic sturgeons emigrate from rivers into coastal waters where they may undertake long range migrations. Migratory sub -adult and adult sturgeon are typically found in shallow (10 to 50 m) nearshore waters with gravel and sand substrates (Collins and Smith 1997, Stein et al. 2004). Although extensive mixing occurs in coastal waters, Atlantic sturgeons return to their natal river to spawn (ASSRT 2007). 5.9.2 Occurrence in the Action Area Shortnose Sturgeon The shortnose sturgeon was thought to be extirpated from NC waters until an individual was captured in the Brunswick River in 1987 (Ross et al. 1988). Subsequent gill -net studies (1989- 1993) resulted in the capture of five shortnose sturgeon, thus confirming the presence of a small population in the lower Cape Fear River (Moser and Ross 1995). The current distribution of the shortnose sturgeon in NC is thought to include only the Cape Fear and Pee Dee Rivers, and no reproducing populations have been documented in the state [Shortnose Sturgeon Status Review Team (SSSRT) 2010]. Atlantic Sturgeon The Atlantic sturgeon occurs in the Cape Fear River system adjacent to the action area. Based on incidental capture data from tagging cruises, shallow nearshore ocean waters along the NC coast may represent a winter (January -February) aggregation site for Atlantic sturgeon (Laney et al. 2007). Incidental captures typically occurred over sand substrate in nearshore waters that were less than 59 feet deep. 5.9.3 Threats Potential effects include direct impacts on benthic habitats and food resources, hydrological modifications, turbidity and siltation, and hopper dredge entrainment. 5.9.4 Project Effects Toe berm construction would not have a direct impact, but could potentially impact Atlantic and shortnose sturgeons indirectly through sediment suspension and soft bottom habitat modification. The shortnose sturgeon is typically found in the upper portions of rivers above the freshwater -saltwater interface; based on its low probability of occurrence in the action area, impacts on shortnose sturgeon would not be expected under the proposed action. 271 Page Two incidental takes of Atlantic sturgeon occurred at Wilmington Harbor: including one in the upper Cape Fear River near the State Port in 1998, and one in the lower river near Horseshoe Shoals in 2010, both by hopper dredge entrainment. The potential for impacts related to discharge of material in lowland marsh would be minimal. Based on this, it is anticipated that the risks to Atlantic sturgeon during toe berm construction would be very low. 5.9.5 Determination of Effect Dike Raises to 50 Feet. Based on its low probability of occurrence in the action area, it is determined that the proposed action may affect, but is not likely to adversely affect, the shortnose sturgeon. Although there is no critical habitat designated for the Atlantic sturgeon, it has been documented to occur in the Cape Fear and Northeast Cape Fear Rivers, indicating that it is present within the action area. Considering the impacts associated with the proposed project involve a discharge of fill material into tidal, brackish marsh, it is determined that the proposed action may affect, but is not likely to adversely affect, the Atlantic sturgeon. The proposed toe berm construction would not affect any other federally listed species. No Action. The No Action alternative would result in no adverse impacts to threatened or endangered species. 5.10 Cultural Resources. The Cape Fear River has a long and active history as one of the earliest and most significant waterways in North Carolina. Spanish explorers sighted the river in the early 16th century and European settlement began in 1664 with the establishment of Charles Town near the mouth of Town Creek. By 1733, the town of New Carthage, later renamed Wilmington, had been laid out, and became the main cultural and maritime center. During the years leading up to the Revolution, numerous confrontations took place between the American patriots and British loyalists and troops, and Wilmington itself became occupied by the British in October of 1781. During the 19th century, up to 40 ships per month were visiting Wilmington's harbor, and by the mid -19th century there were over 140 named landings located along the 115 miles of river between Wilmington and Fayetteville. The importance of Wilmington to the Confederacy is reflected in the fortifications used to protect the city and her approaches. Fort Fisher, Fort Holmes, Zekes Island Battery, Camp Wyatt, Fort Hendrick, Fort Campbell, Fort Johnston, Fort Caswell, Battery Buchanan, Fort Anderson, Shaw Battery, Mound Battery, and Battery Lamb were located on the Cape Fear River at and below Wilmington, or faced the ocean and river in Brunswick County, and all were important elements in the coastal defenses. The defenses at Wilmington were not defeated until late in the war when Fort Fisher finally fell in 1865; Wilmington was occupied by Union troops soon afterward. After the Civil War, Wilmington's major water courses began to reflect the transition from plantation and agrarian economies to the commercial agriculture and industrial enterprises that would dominate throughout the 20th century. By 1905, channel improvements made the Northeast Cape Fear River navigable for pole boats all the way to Kornegays Bridge, 103 miles above the river's mouth, and ship building, fertilizer and brick factories, shipping terminals, and 281 Page other capital intensive industries began to replace commercial fishing, hunting, forestry, and agriculture as the economically dominant businesses. In the early days of World War II, the North Carolina Shipbuilding Company began building Liberty ships in shipyards along the east bank of the Cape Fear River just south of Eagle Island. By 1946 the company built 243 ships in all. By 1949, when the war was over, the returned ships were stationed in the Brunswick River. A total of 648 ships were, at varying times, moored in the reserve fleet, known as the "Mothball Fleet". Over the years many were scrapped, sold to private concerns, sunk for artificial reefs, or recommissioned. The last ship to be removed from the "graveyard" was the Liberty Ship "USS Dwight W. Morrow", which was scrapped in February 1970 (Memorieshop, 2013). Archaeologically, the importance of the area as a maritime center is shown by the large number of shipwrecks and abandoned shipyards. Thirty-seven historic shipwrecks are listed on the 1985 National Register of Historic Places Registration addendum for the Wilmington Historic District prepared by the North Carolina Division of Archives and History (NCDAH). In addition, over 130 shipwrecks are known from the lower Cape Fear to the Northeast Cape Fear River vicinity, as well as historic remains of numerous shipyards, Liberty Ships, marine railways, and dry docks. Dike Raises to 50 Feet. No known adverse impacts to cultural or archaeological resources would occur as a result of the toe berm construction. No previously identified shipwrecks or other culturally significant remains are within the proposed project footprint. It is always possible during the course of a project that vessel remains or other cultural resources could be encountered. All USACE construction contracts would require that contractors and others involved in the project be aware that the possibility exists that work may encounter cultural materials. In the event that this occurs, work would be required to move to another area and the USACE and the NCDCR Underwater Archaeology Unit (telephone number 910-458-9042) would be contacted immediately to determine a course of action. No Action. The No Action alternative would result in no change to the existing footprint of the project and; therefore, result in no adverse impacts to cultural or archaeological resources. 5.11 Aesthetic and Recreational Resources. While the Cape Fear River is, overall, a scenic setting, the Eagle Island CDF is a man-made feature whose purpose is to receive dredged material. A substantial portion of the Eagle Island CDF is located across the River from the NC State Ports facility, so commercial shipping, channel maintenance, marine construction, and other activities, not commonly associated with what many consider to be aesthetically pleasing vistas, frequently occur. The Eagle Island CDF is considered an active construction site, so for safety and security reasons, unauthorized persons are not allowed on the premises. Therefore, recreational activities, aside from bird watching from afar, are not permitted. Dike Raises to 50 Feet. Construction of the preferred alternative would result in an increase of construction -related equipment and impacts. However, such activity is not uncommon to the area. Raising the dikes to 50 feet would block the viewshed of approximately 15 homeowners on the Brunswick River looking east, since they would no longer be able to see beyond Eagle 291 Page Island to the NC State Ports facility, marine terminals, and other industrial sites. However, most of this view beyond Eagle Island is already blocked by the existing dikes. No Action. The No Action alternative would result in no additional adverse impacts to aesthetics or recreation than already exist. 5.12 Socio -Economic Resources. Demographic Profiles New Hanover and Brunswick Counties are located at the Southeastern portion of the state of North Carolina. The counties include 192 and 847 square miles, respectively, in land and water area. Table 4 provides population data for the United States, North Carolina, New Hanover and Brunswick Counties over the last 20 years for which data is available. Table 4. New Hanover and Brunswick Counties Statistical Area - Total Population Data Area % Change'90 -'12 2012 2000 1990 United States 25.76% 313,914,040 282,162,400 249,622,800 North Carolina 46.34% 9,752,073 8,081,600 6,664,000 New Hanover 72.72% 209,234 160,842 121,140 Brunswick County 118.95% 112,257 73,756 51,271 *population estimates provided by U.S. Census An estimated 321,000 residents lived in New Hanover and Brunswick Counties in 2012. This represents a population increase of 35 percent since 2000 and an increase of 86 percent since 1990. The residents of New Hanover and Brunswick Counties contain a mix of races and ethnicities. Based on 2012 census figures, 79.1 percent of New Hanover County residents were white, 15.0 percent were black, 5.3 percent were Hispanic, 1.2 percent Asian, and 0.6 percent identified as Native American. The census of Brunswick County estimates that 85.4 percent of its residents were white, 11.6 percent were black, 5.1 percent were Hispanic, 0.6 percent were Asian, and 0.8 percent identified as Native American. In the state of North Carolina, 72.1 percent of the population was white, 22.0 percent of the population was black, 8.6 percent Hispanic, 2.3 percent were Asian, and 1.5 percent were Native American. Table 6 displays racial demographics for the Nation, State, New Hanover and Brunswick Counties. 301 Page Table 5. Population by Race *population estimates provided by U.S. Census Approximately 48 percent of the population for New Hanover County was sixteen years and over, with 53.2 percent of the population in the labor force. The unemployment rate for the County was 10.4 percent. A total of 37.2 percent of Brunswick County's population was sixteen or over, with 45.5 percent of the population in the labor force, and unemployment rate of 11.0 percent. The unemployment rates for North Carolina and the United states were 10.6 and 9.3 percent, respectively. 311 Page New Brunswick North United Hanover County Carolina States County Population, 2012 206,189 112,257 9,752,073 313,914,040 White persons, 79.1% 85.4% 72.10% 78.1% percent Black persons, 14.8% 11.6% 22.0% 13.1% percent Hispanic 5.3% 5.1% 8.6% 16.7% Asian persons, 1.2% 0.6% 2.3% 5.0% percent Native (American Indian, Alaska Native, Hawaiian, etc) 0.6% 0.8% 1.5% 1.2% Two or More Races 2.0% 1.5% 1.9% 2.3% *population estimates provided by U.S. Census Approximately 48 percent of the population for New Hanover County was sixteen years and over, with 53.2 percent of the population in the labor force. The unemployment rate for the County was 10.4 percent. A total of 37.2 percent of Brunswick County's population was sixteen or over, with 45.5 percent of the population in the labor force, and unemployment rate of 11.0 percent. The unemployment rates for North Carolina and the United states were 10.6 and 9.3 percent, respectively. 311 Page Table 6. Civilian Labor Force by Occupation In 2010, the median household income of Brunswick County was $45,806. This is higher than the State's average of $43,326, but lower than the national average of $50,046. The mean household income was $57,088. The median household income of New Hanover County was $46,130 and the mean household income was $63,093. Table 7 shows the number of households in the New Hanover and Brunswick Counties, North Carolina, and the United States by the percentage of their respective incomes. 321 Page New Hanover Brunswick North United County County Carolina States Civilian employed population 16 98,896 41,791 4,128,576 139,033,928 years and over OCCUPATION Agriculture Forestry, Fishing, 0.18% 0.66% 1.37% 1.90% Hunting, Mining Construction 6.89% 12.89% 6.85% 6.25% Manufacturing 6.28% 6.94% 12.41% 10.39% Wholesale Trade 3.10% 1.78% 3.03% 2.83% Retail Trade 12.54% 16.60% 11.99% 11.65% Transportation, Warehousing, 3.80% 5.02% 4.25% 4.92% Utilities Information 3.15% 1.78% 1.69% 2.17% Finance, Insurance, Real Estate, 5.43% 7.44% 6.35% 6.67% Rental, Leasing Professional, Scientific, Management, Administrative, 10.84% 9.03% 9.51% 10.58% Waste Management Services Educational Services, Healthcare, 25.15% 18.25% 23.41% 23.24% Social Assistance Arts, Entertainment, Recreation, 13.54% 10.94% 9.25% 9.25% Accommodation, Food Services Public Administration 3.28% 4.41% 4.86% 5.17% Other Services, Except Public 5.83% 4.26% 5.04% 4.97% Administration In 2010, the median household income of Brunswick County was $45,806. This is higher than the State's average of $43,326, but lower than the national average of $50,046. The mean household income was $57,088. The median household income of New Hanover County was $46,130 and the mean household income was $63,093. Table 7 shows the number of households in the New Hanover and Brunswick Counties, North Carolina, and the United States by the percentage of their respective incomes. 321 Page Table 7. Number of households and the percentage of their respective incomes Total Households New Hanover Brunswick North Carolina United States County County Less than $10,000 10.47% 7.64% 8.97% 7.64% $10,000 to $14,999 9.98% 17.45% 13.01% 11.46% $15,000 to $24,999 12.07% 10.86% 12.47% 11.17% $25,000 to $34,999 10.85% 8.82% 11.59% 10.41% $35,000 to $49,999 9.90% 11.76% 10.20% 9.27% $50,000 to $74,999 17.91% 19.15% 18.39% 18.28% $75,000 to $99,999 11.35% 11.36% 10.79% 11.81% $100,000 to $149,999 11.15% 8.62% 9.05% 11.82% $150,000 to $199,999 3.12% 2.04% 2.88% 4.20% $200,000 or more 3.21% 2.30% 2.66% 3.94% Source: http://www.usa.com/brunswick-county-nc.htm http://www.usa.com/new-hanover-county-nc.htm Economic Characteristics of Wilmington Harbor Navigation A thorough analysis of the existing fleet data for vessels calling at Wilmington Harbor in 2009 revealed six typical vessel types: (1) Containerships, (2) Bulk Carriers, (3) General Cargo Vessels, (4) Petroleum Tankers (5) Chemical Tankers, and (6) Ro-Ro Vessels (includes Vehicle Carriers). Containerships made up nearly 35% of the deep -draft vessels calls at Wilmington Harbor in 2009. The largest vessels that call at Wilmington Harbor at the present time are containerships of 62,000 to 65,000 deadweight tons (DWT). They are between 950 and 965 feet long, 106 feet in beam, and have design drafts of between 42 and 44 feet. Their actual sailing drafts were 38 feet or less when calling at Wilmington Harbor in 2009. Containerships maintain an under keel clearance of at least 10 percent of sailing draft in the channel at all times. They can carry between 4,400 and 4,800 Twenty Foot Equivalent Units (TEUs); however, they generally transfer less than 1,500 TEUs at the port, which are split between imports and exports. These larger ships typically travel between the Far East and East Coast of the US. Since this time, Post-Panamax vessels (those larger than the original Panama Canal locks can accommodate) have called in Wilmington, with the first arriving in July of 2016. At this time, current published Waterborne Commerce statistics do not reflect this, but 331 Page should be modified in the next data update Additional Container subclasses that call in Wilmington include smaller vessels in the 50,000 DWT class. These are generally about 850 feet long, have design drafts of about 41-42 feet, and can carry up to about 4,000 TEU's. An even smaller sub -class of container vessel typically service Europe and Central/South America. These vessels are generally between 20,000 DWT and 22,000 DWT. They are typically 525 to 550 feet in length, with beams ranging from 82 to 93 feet, and design drafts between 32 and 35 feet. They can carry up to approximately 1,300 TEUs. The largest Bulk Carriers were rated at about 55,000 DWT with a length of 656 feet, a beam of 106 feet, and a design draft of 38 feet. The largest General Cargo vessels were rated at about 47,000 DWT with a length of 656, a beam of 102 feet and a design draft of 40.4 feet. The largest non -container vessels that call at the port are Oil Tankers. These vessels are range in size from 70,000 DWT to 76,000 DWT, a length of 700 to 750 feet, with beams of 106 to 131 feet, and design drafts ranging from 40 to 46 feet. The actual sailing drafts of these vessels in Wilmington Harbor were 38 feet or less in 2009. Hinterland The Port of Wilmington's hinterland is primarily within the state of North Carolina. It includes Raleigh, Durham, Greensboro, Fayetteville, and the Wilmington area. The port is connected to the Raleigh-Durham area by Interstate 40 (I-40) and to Greensboro by I-74. The primary Port facilities are approximately 75 miles from I-95 and 200 miles from I-85, which are the primary north/south transportation corridors through North Carolina. These highways connect the Port of Wilmington to Charlotte, Greensboro, and Raleigh/Durham. Improvements to I-74 have added vehicle capacity between the port and I-85, which connects to Charlotte, North Carolina. Landside transportation to and from the Port of Wilmington is primarily by truck. Trucks must pass through residential areas to reach the interstates. They must traverse Burnett Boulevard (two-lane road) to reach I-74, or Shipyard Boulevard and College Road (four lane bi-directional roads) with a series of stop lights to reach I-40. CSX provides daily rail service to the port through one line connecting to the main line at Hamlet. The rail route is through the City of Wilmington and crosses many of the city's major roads. Most crossings within the city are "at -grade." Port Facilities Wilmington Harbor has a variety of marine facilities located on both the left and right banks of the Cape Fear River between river miles 26 and 31. The marine facilities listed below, beginning with the terminal located furthest upstream, include: Kinder Morgan, Colonial Oil, Amerada Hess, , North Carolina State Port Authority berths one through nine, Apex Oil, the Invista Terminal, Carolina Marine Terminal, South Wilmington Terminal, National Gypsum Terminal, and the Military Ocean Terminal at Sunny Point, also known as MOTSU, and Archers Daniels Midland. Economic Impact of Proposed Action Eagle Island is the least cost disposal option for dredged material from the upper reaches of the 341 Page Wilmington Harbor project. It is important that the NC State Ports have feasible disposal options in order to keep costs of maintaining the harbor down, which helps keep the costs of goods in the Wilmington area affordable to the public. The Anchorage Basin reach of the project requires maintenance every year, and costs roughly $4.5 million per dredge cycle (with disposal in Eagle Island). The National ranking of State Ports determines the priority of funding from the Federal Government. An increase in costs of dredging (transporting material to the ODMDS in lieu of Eagle Island) would likely impact the Port of Wilmington's relative ranking, thus having the potential to impact annual funding. Dike Raises to 50 Feet. Increasing the dredged material capacity of Cells 1, 2 and 3 will provide a feasible disposal site for Wilmington Harbor maintenance dredging for the next 16 years. It is important to continue using Eagle Island as a disposal facility as long as possible, as its access and proximity make it the least cost option. No Action. Without raising dike elevations beyond 42 feet, once Cells 1, 2 and 3 reach capacity, there will be no other feasible alternative than to dispose of dredged material in the ODMDS. The costs associated with transporting material approximately 70 miles round trip would inevitably increase the costs to maintain the upper reach of the Wilmington Harbor. If USACE contracts for maintenance become too costly to be awarded, dredging will happen less frequently which would affect the draft of ships that can access the Port. Ultimately, this could raise the cost of goods and have a widespread effect on the regional economy. 5.13 Hazardous, Toxic, and Radioactive Waste. The United States Environmental Protection Agency's (EPA) Envirofacts website was queried to identify the presence of EPA -regulated facilities within three miles of the proposed project area. The Envirofacts website contains information collected from regulatory programs and other data relating to environmental activities with the potential to affect air, water, and land resources in surrounding areas. One site was reported within a three mile radius, and was identified as the WWTP immediately adjacent to the proposed project area (U.S. Environmental Protection Agency 2015). Multiple on-site inspections of the project area and surroundings have been performed by USACE, Wilmington District staff. Based on the site visit on March 18, 2015 and an investigation of historic aerial photographs, no evidence of improperly -managed hazardous and/or toxic materials or indicators of those materials were present in the proposed project area. USACE construction specifications require contractors to provide a solid waste disposal plan identifying methods and locations for solid waste disposal, clean and remove all contaminants, and provide evidence of the disposal facility's acceptance of the solid waste. Dike Raises to 50 Feet. Construction of the toe berm and dike raise would not impact nor produce hazardous and toxic materials in the project area. No Action. The No Action alternative would not directly result in any impacts to or produce any hazardous and toxic materials. 5.14 Noise. In the proposed project area vicinity, noise levels are typically dependent on activity occurring at the State Ports or on Eagle Island itself. The cells are in a constant state of maintenance, as they are ditched and drained on a rotating basis and material is used to raise the dikes. Large 351 Page excavators, backhoes, dump trucks, utility trucks, and pumps are commonly found working on Eagle Island. Noise levels are elevated during construction activities, as expected within commercial/industrial areas. According to Section 6-28 of the City of Wilmington Noise Ordinance Code: a sound or noise shall be deemed a noise disturbance if, when measured as prescribed herein, it exceeds the levels set forth below: Commercial/industrial area: 75 decibels (daytime level) between the hours of 7:00 a.m. and 10:00 p.m., or 70 decibels (nighttime level) between the hours of 10:00 p.m. and 7:00 a.m. On Friday and Saturday, the daytime level shall remain in effect until 12:00 midnight. Similarly, in accordance with Section 23-33 of the New Hanover County code of ordinances, it would be unlawful for sounds to exceed 75 decibels during the day and 70 decibels at night in non -residentially zoned districts. Dike Raises to 50 Feet. Construction activity associated with the recommended plan is expected to comply with Section 6-28 and Section 22-33, NC code of ordinances. No Action. The No Action alternative would comply with all published noise ordinances as well. 5.15 Environmental Impact Comparison of Alternatives. The table below provides a brief summary and comparison of impacts to the physical and natural environment for the alternatives considered. 361 Page Table B. Comparison of Impacts to Resources 371 Page Alternatives Resource Proposed Action No Action (Dike Raises to 50 Ft) Geology and Disposal practices will continue as normal and dredged No Impacts/status quo. Sediments material composition is not expected to change. No significant adverse impacts. Water Impacts would be temporary due to minor increases in No Impacts/status quo. Resources turbidity during construction; no significant adverse impacts expected. Air Quality Temporary impacts during construction due to Potential increase in fuel consumption increases in emissions from heavy equipment. No emissions due to round trip travel to/from significant adverse impacts expected. the ODMDS. No adverse impacts expected. Aquatic Resources No significant adverse impacts expected as life forms No impacts/status quo. are anticipated to move and avoid areas during construction (though some mortality is inevitable). Construction in areas below the 2ft elevation contour will take place outside the window of April 1 to July 31 to avoid adverse impacts to aquatic resources. Essential Fish Permanent impacts to estuarine emergent wetlands No impacts/status quo. Habitat EFH due to filling of 2.85 acres below the MHW line. Mitigation consists of 35.5 acres of riverine/tidal freshwater marsh, and construction will occur outside the April 1 — July 31 environmental window, therefore, only temporary impacts are expected. Terrestrial Resources Temporary adverse impacts will occur to organisms No impacts/status quo. during construction however most will vacate the area. Potential benefits to terrestrial resources in the long- term. Wetlands Permanent impacts to 35.5 acres of tidal marsh. No impacts/status quo. Mitigation consists of purchasing 35.5 credits of riverine/tidal freshwater marsh habitat resulting in a no net loss of wetlands. Floodplains Placement of 35.5 acres of fill within tidal wetlands of No impacts/status quo. CFR floodplain. No significant adverse impacts to floodplains expected. E&T Species in Potential indirect impacts through sediment suspension No impacts to Atlantic or shortnose Project Area and soft bottom habitat modification. No significant sturgeon expected. adverse impacts to Atlantic or shortnose sturgeon expected. Cultural Resources No known cultural resources present; no adverse No impacts/status quo. impacts expected. Aesthetic and Temporary impacts expected during construction, No impacts/status quo. Recreational however no adverse impacts expected. Resources Socio-economic Status quo (maintain access of ships to Wilmington Potential negative impacts to local Resources Harbor Port). Positive impacts to the local economy. economy. Hazardous Waste No known hazardous wastes in affected area; No No impacts. adverse impacts expected. Noise Minor increases in noise during construction. Impacts No impacts/status quo. temporary and not adverse. 371 Page 5.16 Mitigation. Based on detailed vegetation analysis that was completed in 2015, the Eagle Island dike improvements will result in permanent impacts to 35.5 acres of jurisdictional wetlands. The vegetation mapping effort conducted in 2015 categorized the areas within the toe berm impacts into five classes: "Native", "Majority Phrag", "Mix - Native/Phrag", "Tree/Shrub", and "Water" (Appendix E, Figure 1). As demonstrated in this figure, the majority of impacts are to Phragmites-dominated wetlands (34.79 ac). Areas identified in green as tree/shrub were ground-truthed and determined to be uplands. Native, mixed, and open water impacts were combined to equal 0.66 acre, and together, jurisdictional impacts total 35.5 acres. The Corps plans to mitigate for the 35.5 acres of toe berm impacts by purchasing credits from the Lower Cape Fear Umbrella Mitigation Bank, Sneeden Tract. The Sneeden Tract is in the project's HUC, located directly adjacent to the Cape Fear River, 5 miles upstream of Eagle Island (Appendix E, Figure 4). This site has tidal freshwater marsh incorporated into its credits; as such, it is considered in-kind to the toe berm wetland impacts on Eagle Island. For this reason and reasons further discussed in the Revised Mitigation Plan (Appendix E), impacts will be mitigated for at a ratio of 1:1 (purchase of 35.5 mitigation credits) and would result in a no net loss of wetlands. 5.17 Temporary Impacts Construction of the proposed toe berms is anticipated to have 6.3 acres of temporary impacts to aquatic resources in addition to the 35.5 acres of impacts being mitigated for. As mentioned, a majority of the permanent impacts are to wetlands overgrown with Phragmites, and temporary impacts related to construction will occur within a 10ft corridor of the footprint of the toe berm (see Figure 8). It is within this 10ft construction buffer that disturbance is likely to occur: cutting back of Phragmites, silt fence installation, placement of coir logs/hay bales, and use of logging mats if heavy equipment will be working within wetlands. Affected areas will be brought back to original grade and restored. Toe berms will be layered with erosion control matting and seeded for stability. Once the toe berms are stable, the silt fencing will be removed. To address construction impacts within the 2.85 acres of vegetated and open water areas located below MHW, coffer dams may be erected to isolate the area from tidal influence during toe berm construction. Rock (rip -rap) may be used within the toe berm footprint to minimize turbidity and provide long-term stabilization of the toe berm. Turbidity curtains may also be erected to prevent turbidity within the receiving waters and kept in place until construction areas are stabilized. As mentioned in Section 5.4.4, an environmental window of April 1 — July 31 will apply to these areas to avoid threat or harm to anadromous fish; this includes federally listed sturgeon. The contractor may also wish to work only during low/out-going tide to minimize impacts to water quality during construction. 381 Page Figure 8. Eagle Island Toe Berm Impacts and 10 foot Construction Corridor. 39 1 Page Some or all of these proactive measures will be taken and any materials/structures used/installed will be removed upon stabilization of the toe berm. Temporary impacts during construction will not permanently alter wetland functions and; therefore, will not be mitigated for. 5.18 Cumulative Impacts. The Federal Executive Branch's Council on Environmental Quality defines cumulative impact as "the impact on the environment [that] results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions" (40 CFR 1508.7, National Environmental Policy Act of 1969, as amended). Cumulative impacts of implementing the no action alternative, over time, would have the potential to cause significant adverse impacts to the local economy. Additionally, not increasing the capacity of Eagle Island CDF would possibly increase levels of water and air pollution due to the increased barge traffic that will result from transporting dredged material from the Upper Harbor reaches to the ODMDS. Eagle Island, originally composed of natural uplands, coastal marsh, and tidal creeks, was used as a disposal area even before the USACE began disposing of dredged material from the river in the early 1900s. On average, approximately 1.2 million cubic yards (CYs) of material are dredged from the Anchorage Basin portion of the river and deposited in Eagle Island CDF annually. The deepening of the river in 2002-2003 resulted in an additional 1.75 million CYs, and again in 2012-2013 with approximately 800,000 CYs being placed in Cell 2. The NC State Ports Authority (NCSPA) also utilizes Eagle Island CDF for the material dredged from their berths (1-9) and the non -federally maintained portion of the 42' turning basin. These areas are critical to ships turning and docking at the ports and require maintenance annually. The new Post-Panamax ships, which outsize the existing cargo vessels that frequent the Wilmington Harbor, will be calling on the port more frequently. In response to the widening of the Panama Canal, the Port of Wilmington requested and received permits to widen the turning basin at the former Vopak terminal just north of the Ports. Dredging an additional width of 200 feet to a depth of -42 +2 feet occurred during June 2016, and material was disposed of in Cell 1 of Eagle Island. The NCSPA was required to provide compensatory mitigation for this action since the dredging occurred within Primary Nursery Area. Mitigation included the preservation of 13.4 acres of coastal marsh property owned by NCSPA on the Brunswick River, located directly across from the cross -dike between Cells 2 and 3. A good percentage of the banks of the Cape Fear and Brunswick Rivers are undeveloped and contain low-lying coastal marsh and wetlands. This pervious natural floodplain is essential for allowing flood waters to flow over and slowly drain as sea levels recede after a storm. The filling and heightening of the toe berms and dikes on Eagle Island CDF will take away approximately 35.5 acres from this natural floodplain, but that is nominal in comparison to what remains. It is reasonably foreseeable that dredging of the past projects and ongoing maintenance of the Federal project would be expected to continue. The use of the area for commercial and recreational navigation is expected to continue and increase as the mariner population in the area continues to grow. New marinas currently under construction include the 200 -slip Port 401 Page City Marina on the upper Wilmington Harbor portion of the Cape Fear River, and the 64 -slip Hawkeswater Marina on the Brunswick River. The preferred alternative, in conjunction with any past, present, or reasonably foreseeable future projects, is not expected to result in any significant adverse cumulative impacts to the environment. Future dredging actions in the project area and the above-mentioned reasonably foreseeable future projects would be subject to regulatory requirements and federal actions would be evaluated in accordance with NEPA. The proposed action is expected to have minimal impact on overall functionality and quality of coastal riparian vegetation and available wildlife habitat in the proposed project area. The components of the proposed action are expected to cause only very minor effects. The proposed action will: • not significantly impact water quality, • not significantly impact marine or estuarine life, • not significantly impact cultural resources, and • not cause significant adverse impacts for any other aspects of the environment. Cumulative impacts of the proposed action appear negligible. Furthermore, increased capacity of the Eagle Island CDF will have a long term positive impact on the local economy. 5.19 Public Laws and Executive Orders. Table 9 lists the compliance status of all executive orders considered for the proposed Eagle Island CDF improvement project. Further descriptions of proposed project compliance with executive orders are below. Table 9. Compliance of the proposed action with executive orders. Executive Orders Number Compliance Status Protection and Enhancement of Environmental Quality 11514 Full* Protection and Enhancement of the Cultural Environment 11593 Full" Floodplain Management 11988 Full" Protection of Wetlands 11990 Full* Federal Compliance with Pollution Control Standards 12088 Full" Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations 12898 Full* Protection Of Children from Environmental Health Risks and Safety Risks 13045 Full" Invasive Species 13112 Full* Protection of Migratory Birds 13186 Full" "- Compliance Status shall be considered 'Full Compliance' following completion of the NEPA process. 5.19.1 Protection and Enhancement of Environmental Quality The Federal Government shall provide leadership in protecting and enhancing the quality of the Nation's environment to sustain and enrich human life. Federal agencies shall initiate measures needed to direct their policies, plans, and programs to meet national environmental goals. 411 Page The preferred alternative will not violate any provisions relating to the protection and enhancement of environmental quality, and will be in full compliance with Executive Order 11514 following completion of the NEPA process. 5.19.2 Protection and Enhancement of the Cultural Environment The Federal Government shall provide leadership in preserving, restoring, and maintaining the historic and cultural environment of the Nation. Federal agencies will administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations. Federal agencies will initiate measures necessary to direct their policies, plans, and programs in such a way that federally owned sites, structures, and objects of historical, architectural or archaeological significance are preserved, restored, and maintained for the inspiration and benefit of the people. In consultation with the Advisory Council on Historic Preservation (16 U.S.C. 4701), federal agencies will institute procedures to assure that federal plans and programs contribute to the preservation and enhancement of non -federally owned sites, structures, and objects of historical, architectural or archaeological significance. The preferred alternative will not adversely affect cultural resources and will be in full compliance with Executive Order 11593 following completion of the NEPA process. 5.19.3 Floodplain Management In order to avoid, to the extent possible, the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative, federal agencies shall take action to reduce the risk of flood loss and minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains. Since the project includes fill within the designated floodplain, the EO 11988 8 -step process was used to evaluate compliance. The project has undergone public review, alternatives to floodplain development were considered, and impacts have been minimized and will be mitigated for accordingly. It has been determined that the preferred alternative would not adversely affect floodplains or alter their function, and will be in full compliance with Executive Order 11988 following completion of the NEPA process. 5.19.4 Protection of Wetlands In order to avoid, to the extent possible, the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands, wherever there is a practicable alternative, federal agencies will take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands in carrying out the agency's responsibilities. The preferred alternative will result in the discharge of fill that will cover 35.5 acres of Phragmites-dominated tidal freshwater marsh. This loss will be mitigated through purchase of 35.5 credits of riparian/tidal freshwater wetlands, and will be in full compliance with Executive Order 11990 following completion of the NEPA process. 421 Page 5.19.5 Pollution Control Standards Federal agencies are responsible for ensuring that all necessary actions are taken for the prevention, control, and abatement of environmental pollution with respect to federal facilities and activities under the control of the agency. The preferred alternative will not violate applicable pollution control standards and will be in full compliance with Executive Order 12088 following completion of the NEPA process. 5.19.6 Environmental Justice in Minority and Low -Income Populations Environmental justice is defined as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA further defines fair treatment to mean that no group of people should bear a disproportionate share of the negative environmental consequences of industrial, governmental, or commercial operations or policies. The preferred alternative will not have the potential for disproportionate health or environmental effects on minorities or low-income populations or communities, and will be in full compliance with Executive Order 12898 following completion of the NEPA process. 5.19.7 Protection of Children from Environmental Health Risks and Safety Risks Federal agencies identify and assess environmental health and safety risks that may disproportionately affect children as a result of the implementation of federal policies, programs, activities, and standards. The preferred alternative will not have the potential to disproportionately affect the safety or health of children, and will be in full compliance with Executive Order 13045 following completion of the NEPA process. 5.19.8 Invasive Species Introduction of invasive species has the potential to affect the economic, ecological, and human health of areas in which these species become established. The federal government, by presidential authority and the authority of other pertinent statutes, is charged with controlling and preventing introduction of harmful invasive species. Planting of any potted or stem vegetation will not be a component of this project. For stabilization purposes, the toe berms will be seeded with native grasses to prevent sedimentation into the nearby waters. Seed species type will depend on the time of year to be applied, and seed mixture will not include noxious or invasive species. Therefore, the preferred alternative will not have the potential to introduce or otherwise promote invasive species, and will be in full compliance with Executive Order 13112 following completion of the NEPA process. 5.19.9 Protection of Migratory Birds The Executive Order directs federal agencies that take actions that either directly or indirectly effect on migratory birds to develop a Memorandum of Understanding (MOU), and to work with 431 Page the U.S. Fish & Wildlife Service and other federal agencies to promote the conservation of migratory bird populations. The Migratory Bird Treaty Act is a United States federal law, first enacted in 1916 to implement the convention for the protection of migratory birds. The statute makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations. The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs, and nests. Construction of the dike raise and toe berm will not result in any significant adverse impacts to migratory bird species or their habitat. There may be some temporary displacement during construction; however, there is no anticipated taking of birds. The preferred alternative will not violate applicable migratory bird species, and will be in full compliance with Executive Order 13186 following completion of the NEPA process. 5.20 Conclusion. Based on findings described in this report, it is in the Federal interest to implement the preferred alternative of raising the existing dikes to an elevation of 50 feet NAVD 88 and constructing supportive, perimeter toe berms. The proposed action will meet the purpose and need by providing long-term dredge material disposal for the Upper Harbor reaches of Wilmington Harbor, and the dredged material disposal meets the Federal standard. Table 8 details significant environmental factors and impacts taken into consideration. Project construction will result in permanent impacts to 35.5 acres of tidal freshwater marsh, temporary impacts to benthic habitat and terrestrial vegetation and short-term impacts to water quality, air quality, and noise levels in the project area. Overall benefits of the preferred alternative include long-term regional socio-economic benefits by providing a financially feasible dredged material disposal facility for the next 16 years. 6.0 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS Table 10 lists the compliance status of the major Federal Laws, policies, and Executive Orders that were applicable or considered for the project. This project is considered in "Full compliance" once all the requirements of the NEPA process are complete. 441 Page Table 10. Relationship of the proposed action to Federal Laws and Policies Title of Public Law US Code Compliance Status* Abandoned Shipwreck Act of 1987 43 USC 2101 Full Anadromous Fish Conservation Act of 1965, As Amended 16 USC 757 a et seq. Full Antiquities Act of 1906, As Amended 16 USC 431 Full Archeological and Historic Preservation Act of 1974, As Amended 16 USC 469 Full Archeological Resources Protection Act of 1979, As Amended 16 USC 470 Full Clean Air Act of 1972, As Amended 42 USC 7401 et seq. Full Clean Water Act of 1972, As Amended 33 USC 1251 et seq. Full Coastal Zone Management Act of 1972, As Amended 16 USC 1451 et seq. Full Endangered Species Act of 1973 16 USC 1531 Full Estuary Program Act of 1968 16 USC 1221 et seq. Full Equal Opportunity 42 USC 2000d Full Farmland Protection Policy Act 7 USC 4201 et seq. Full Fish and Wildlife Coordination Act of 1958, As Amended 16 USC 661 Full Historic and Archeological Data Preservation 16 USC 469 Full Historic Sites Act of 1935 16 USC 461 Full Magnuson Fishery Conservation and Management Act — Essential Fish Habitat 16 USC 1801 Full National Environmental Policy Act of 1969, As Amended 42 USC 4321 et seq. Full National Historic Preservation Act of 1966, As Amended 16 USC 470 Full National Historic Preservation Act Amendments of 1980 16 USC 469a Full Native American Religious Freedom Act of 1978 42 USC 1996 Full * Full compliance once the NEPA process is complete. 7.0 AGENCY AND PUBLIC INVOLVEMENT 7.1 Agency and Public Coordination A scoping meeting and site visit were held on March 4, 2015 with the NC Division of Coastal Management, the NC Division of Water Resources, the US Fish and Wildlife Service, the National Marine Fisheries Service, NC Division of Marine Fisheries, and the NC Wildlife Resources Commission. The purpose was to discuss the proposed project and to assess the potential impact areas for mitigation. A scoping letter was sent on April 17, 2015 to representatives of the agencies above as well as the NC Division of Cultural Resources. This allowed for a 30 day comment period soliciting comments on the project and proposed mitigation. In addition, a teleconference was held on April 20, 2015 with the NC Division of Mitigation Services and the USACE. No comments were received on the project design or mitigation proposal during the scoping process. On July 28, 2016 the draft EA was made available to an extensive list of local, State and federal regulatory agencies and the public for a 30 -day review and comment period. A list of recipients has been included as Appendix B of this document. Comments received during the 30 -day Public Notice period are included as Appendix C. A table of comments and responses 451 Page as well as email correspondence with the agencies have been included as Appendix D. All comments received during public review of the Draft EA were considered during development of this Final EA/FONSI as well as coordination with agencies that occurred throughout the process. 7.2 North Carolina Coastal Management Program The proposed project is in New Hanover and Brunswick Counties, which is part of the designated coastal zone of the State of North Carolina. Since the proposed project includes significant discharge of fill in tidal freshwater marsh, a consistency concurrence is required from the North Carolina Coastal Management Program. A consistency determination was submitted to the N.C. Division of Coastal Management on January 25, 2017, and concurrence was received on February 24, 2017 (see Appendix F). 7.3 Clean Water Act (CWA) 7.3.1 Section 404. Due to the need to discharge dredged or fill material into Waters of the U.S., a Section 404(b)(1) (P.L. 95-217) evaluation for the proposed project is required and included in Appendix A. 7.3.2 Section 401. A Section 401 Water Quality Certificate under the CWA of 1977 (P.L. 95- 217), as amended, is required for the proposed disposal of material to construct the toe berms, and would be obtained from the N.C. Department of Environmental Quality (DEQ), Division of Water Resources, before construction begins. A 401 Pre -Construction Notice was submitted February 3, 2017 and is awaiting response from DEQ. 7.3.3 Sea Level Rise In accordance with ER 1100-2-8162 dated 31 December 2013, potential relative sea level change must be considered in every USACE coastal activity as far inland as the extent of estimated tidal influence. The Eagle Island CDF in the Cape Fear River is at sea level and water levels are subject to diurnal tidal fluctuations. In an effort to conform to Engineering Technical Letter 1100-2-1, an analysis of the project impacts relative to increased sea levels over the remaining project life of the Eagle Island Improvements Project (2017-2100) was conducted. The analysis included development of relative sea level rise projection curves, identification of potential impact areas and associated risks, and establishing adaptive measures to adjust to future sea level rise. The recommended plan for this project only includes localized changes to the dike elevation and toe berm with limited exposure to sea level rise. Accordingly, a detailed evaluation of the potential effects, both positive and negative, of sea level rise, on both the federal and non-federal project features (port infrastructure, transportation, etc.) of the overall project is considered inappropriate. Instead, only an abbreviated Tier 1 analysis was performed to help inform project approval. The recommended plan will not meaningfully alter existing coastal processes. So, the evaluation was limited to effects on project maintenance. Using the methods published in ETL 1100-2-1, the relative sea level rise curves were developed for "low," "intermediate," and "high" rates of future sea -level change. The "low" sea level change curve is simply an extrapolation of the observed sea -level trend obtained at the 461 Page Wilmington tide gauge station. The "intermediate" curve represents sea level rise using the National Research Council (NRC) Curve I and the "high" curve represents NRC Curve III. The Wilmington tide gauge used in this analysis is a long term gauge with data collection from 1935 through 2015. This long term gauge has collected greater than 80 years of data and is the closest gauge to the project location, as seen in Figure 7. As shown in Figure 9, the gauge is located within close proximity of the project area and should provide an ideal representation of historic sea level rise affecting the project. Figure 10 shows the sea level rise curves developed in response to ETL 1100-2-1 using the sea level change curve calculator (v 2015.46) developed by the USACE. The curves cover a 100 year duration of the proposed improvements which are planned for implementation in 2017. The curves shown in Figure 10 include the global eustatic sea level rise, plus increases due to isostatic changes. The trend established at the Wilmington gauge shows sea level change on average is 0.00699 feet/year. Projecting the observed sea level rise rate over the next 20, 50, and 100 years of the project life shows an increase of 0.14, 0.35, and 0.70 feet, respectively, when looking at the historic curve extrapolation. The corresponding time period increases found using the NRC Curve III projection are 0.66, 2.20, and 6.26. In examining the applications and potential risks of sea level rise as it applies to the dike improvements, the modifications proposed in this project are found to have limited exposure to the effects of sea level rise and no associated risks. The project consists of increasing dike elevation in two foot increments to a maximum elevation of 50 feet by year 2032. The areas of the project exposed to the effects of sea level rise are limited to increased water levels outside of the diked disposal area along the toe berm of the dike. An increase in sea level would have limited negative impact over the life of the project. The purpose of the dike raise is to increase upland disposal area for the dredging of the upper Wilmington Harbor navigation channel. Increased sea level rise will not impact the available disposal volume within the diked area. Water level increases would not impact dredging quantities placed within the upland disposal area due to the fact that the same depths as related to mean low water would be maintained. Even though water level heights would increase over the life of the project, dredging depths would remain constant below the new mean low water surface elevations. Sea level rise could potentially impact the toe berm construction of the dike, which is used to stabilize the interior dike elevation increases. In the event of extreme water level increases, the toe berm could be relatively easily modified by adding additional material on the top portion of the proposed toe berm without any additional environmental clearances. 471 Page 8658120 Wilmington, North Carolina 0.60 — Linear Mean Sea Level Trend 0.45 — Lipper 95% Confidence Inteival Lower 95% Confidence Interval _ Monthly mean sea level with the 0.30 average seasonal cycle removed — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 0.15. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — V -0.45. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -0.60 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020 Figure 9. Wilmington Tidal Gauge Historic Sea Level Trend Map Satellite '�aryril, a and OW Mill Rd NE Navassa 74 1551 1524 1544 481 Page Hightsville i I �- -__r,_ ti - YVilmington - _ international Airport ff C74 74 is r W � ? 0 GTaC2 $k 17 K T Q.&Rdd11PWY 117' �Cl'lington �nsl�.�, cn X14 d7i lt7 i � s r lap data --2016 Google Terms of Use Report a map error Figure 10. Wilmington Tidal Gauge Location (Blue Pin) u] 4 UJ U 3 J W ry 2 1 0 Estimated Relative Sea Leel Change Projections From 2017 To 2117 - Gauge: 8658120, Wilmington, NC (2.13 mm/yr) 2020 2030 204D 205D 2060 2070 2080 21394 2100 2110 Year Figure 11. Relative Sea Level Rise Curves — USAC E Low — USACE lni — USACE High 7.4 Coordination of this Document The Final EA and signed FONSI will be distributed to resource agencies and the public and will be placed on the Wilmington District Website at: http://www.saw.usace.army.miI/Missions/Navigation/Dredging/WiImington-Harbor/Eagle- Island/. 8.0 POINT OF CONTACT Ms. Emily Hughes, CESAW-ECP-PE, U.S. Army Engineer District, Wilmington, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343. Telephone (910) 251-4635, email Emily. b. hughes(o)usace.army.mil 491 Page 9.0 REFERENCES Birkhead, W.A., B.J. Copeland, and R.G. Hodson. 1979. Ecological Monitoring in the Lower Cape Fear Estuary, 1971-1976. Report 79-1 to the Carolina Power and Light Company, Raleigh, N.C. Golder, Walker and Curtis Smalling. 2011. Important Bird Areas of North Carolina. Audubon North Carolina. Kocik, John, Christine Lipsky, Tim Miller, Paul Rago and Gary Shepherd, An Atlantic Sturgeon Population Index for ESA Management Analysis, National Oceanic and Atmospheric Administration, Northeast Fisheries Science Center, April 2013. Lawler, Matusky & Skelly Engineers. 1975. Aquatic Ecology Studies, Cape Fear River Estuary, North Carolina, September 1972 to August 1973. Appendix A of Environmental Impact Assessment of Alternatives for the Maintenance of Wilmington Harbor North Carolina. Report for the U.S Army Corps of Engineers, Wilmington District. Memorieshop. (2013). Wilmington Reserve Fleet, Wilmington, NC. Retrieved 26 July, 2016, from http://navy.memorieshop.com/Reserve-Fleets/Wilmington/index.html Reilly, F.J. Jr., and V.J. Bellis. 1978. A study of the ecological impact of beach nourishment with dredged materials on the intertidal zone. Institute for Coastal and Marine Resources, Technical Report No. 4, 107 pp. Woodward -Clyde Consultants. 1980. Aquatic and Terrestrial Ecology. Prepared for Brunswick Energy Company. McAdory, Robert T. August 2000. Cape Fear -Northeast Cape Fear River, North Carolina, Numerical Model Study.US Army Corps of Engineer Research and Development Center. NMFS. September 2014 and April 2016. National Marine Fisheries Service, (http-//sero. n mfs. noaa.gov/protected_resou rces/section_7/th reatened_endangered/Docu ments /north_carolina_03052014.pdf) North Carolina Division of Marine Fisheries. 2014 and April 2016. Shellfish Sanitation Maps - Southern Area. http://portal.ncdenr.org/web/mf/maps-south-shellfish. USFWS. September 2014 and March 2016. U.S. Fish and Wildlife Service, (http-//www.fws.gov/raleigh/species/cntylist/new_hanover.htm1). 501 Page r—MijaWMIT M., EVALUATION OF SECTION 404(b)(1) (PUBLIC LAW 95-217) GUIDELINES 40 CFR 230 An evaluation of the placement of dredge and/or fill material into waters of the United States includes the standard form. A-21 Page EAGLE ISLAND DIKE RAISE TO 50FT BRUNSWICK AND NEW HANOVER COUNTIES, NORTH CAROLINA Preliminary Evaluation of Section 404 (b) (1) Guidelines 40 CFR 230 This evaluation covers the placement of all fill material into waters and wetlands of the United States required for the improvements to Cells 1, 2, and 3 at Eagle Island Confined Disposal Facility (CDF), Brunswick and New Hanover Counties, North Carolina. The proposed project includes incremental dike raises to elevation 50 feet NAVD88 and requires the construction of a supportive toe berm. The toe berm will require placement of material into approximately 35.5 acres of intertidal marsh. Please note, prior to any construction, the required Section 401 Water Quality Certificates from the NC Division of Water Resources will be obtained for the project and all 401 conditions/restrictions will be met. Review of Compliance (230.10(a) -(d)) A review of the NEPA Document indicates that: The discharge represents the least environmentally damaging practicable alternative and if in a special aquatic site, the activity associated with the discharge must have direct access or proximity to, or be located in the aquatic ecosystem to fulfill its basic purpose (if no, see section 2 and NEPA document); The activity does not: 1) violate applicable State water quality standards or effluent standards prohibited under Section 307 of the CWA; 2) jeopardize the existence of federally listed endangered or threatened species or their habitat; and 3) violate requirements of any federally designated marine sanctuary (if no, see section 2b and check responses from resource and water quality certifying agencies); The activity will not cause or contribute to significant degradation of waters of the U.S. including adverse effects on human health, life stages of organisms dependent on the aquatic ecosystem, ecosystem diversity, productivity and stability, and recreational, aesthetic, and economic values (if no, see section 2); Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem (if no, see section 5). Proceed to Section 2 *, 1, 2 2. Technical Evaluation Factors (Subparts C -F) a. Physical and Chemical Characteristics of the Aquatic Ecosystem (Subpart C) A-21 Page Preliminary11 Final 21 YES E NO❑ YES ❑ NO❑ YES® NO❑* YES❑ NO❑ YES® NO❑ YES❑ NO❑ YESE NO❑* YES❑ NO❑ N/A Not Significant Significant (1) Substrate impacts. (2) Suspended particulates/turbidity impacts (3) Water column impacts. (4) Alteration of current patterns and water circulation. (5) Alteration of normal water fluctuations/hyd roperiod. (6) Alteration of salinity gradients. b. Biological Characteristics of the Aquatic Ecosystem (Subpart D) (1) Effect on threatened/endangered species and their habitat. (2) Effect on the aquatic food web. (3) Effect on other wildlife (mammals birds, reptiles, and amphibians). c Special Aquatic Sites (Subpart E) (1) Sanctuaries and refuges. (2) Wetlands. (3) Mud flats. (4) Vegetated shallows. (5) Coral reefs. (6) Riffle and pool complexes. d. Human Use Characteristics (Subpart F) (1) Effects on municipal and private water supplies. (2) Recreational and commercial fisheries impacts (3) Effects on water -related recreation. (4) Aesthetic impacts. (5) Effects on parks, national and historical monuments, national seashores, wilderness areas, research sites, and similar preserves. Remarks: Where a check is placed under the Significant category, preparer add explanation below. Proceed to Section 3 3. Evaluation of Dredged or Fill Material (Subpart G) 3/ a. The following information has been considered in evaluating the biological availability of possible contaminants in dredged or fill material. (Check only those appropriate.) A-31 Page X X X NA X X NA X NA NA X NA X NA X X X X NA X NA NA NA NA NA NA X X_ X (1) Physical characteristics (2)Hydrography in relation to known or anticipated sources of contaminants (3)Results from previous testing of the material or similar material in the vicinity of the project (4)Known, significant sources of persistent pesticides from land runoff or percolation (5)Spill records for petroleum products or designated (Section 311 of CWA) hazardous substances (6)Other public records of significant introduction of contaminants from industries, municipalities, or other sources (7) Known existence of substantial material deposits of substances which could be released in harmful quantities to the aquatic environment by man -induced discharge activities (8) Other sources (specify). ❑ List appropriate references. Reference: See Eagle Island Dike Raise to 50ft Final EA b. An evaluation of the appropriate information in 3a above indicates that there is reason to believe the proposed dredge or fill material is not a carrier of contaminants, or that levels of contaminants are sub- stantively similar at extraction and disposal sites and not likely to result in degradation of the disposal site. YES ® NO❑* Proceed to Section 4 *, 3 4. Disposal Site Determinations (230.11(f)). a. The following factors as appropriate, have been considered in evaluating the disposal site. (1) Depth of water at disposal site. (2)Current velocity, direction, and variability at disposal site A-41 Page (3) Degree of turbulence. (4) Water column stratification (5)Discharge vessel speed and direction (6) Rate of discharge (7) Dredged material characteristics (constituents, amount and type of material, settling velocities). (8) Number of discharges per unit of time. (9)Other factors affecting rates and patterns of mixing (specify) List appropriate references. Reference: See Eagle Island Dike Raise to 50ft Final EA b. An evaluation of the appropriate factors in 4a above indicates that the disposal site and/or size of mixing zone are acceptable. YES ® NO ❑* 5. Actions to Minimize Adverse Effects (Subpart H). All appropriate and practicable steps have been taken, through application of recommendations of 230.70-230.77, to ensure minimal adverse effects of the proposed discharge. YES ® NO ❑* Reference: See Eagle Island Dike Raise to 50ft Final EA Return to section 1 for final stage of compliance review. See also note 3/, page 3. Proceed to Section 6 A-51 Page 6. Factual Determinations (230.11 A review of appropriate information as identified in items 2-5 above indicates that there is minimal potential for short- or long-term environmental effects of the proposed discharge as related to: a. Physical substrate at the disposal site (review sections 2a, 3, 4, and 5). YES ® NO ❑* b. Water circulation, fluctuation, and salinity (review sections 2a, 3, 4, and 5). YES ® NO ❑* c. Suspended particulates/turbidity (review sections 2a, 3, 4, and 5). YES ® NO ❑* d Contaminant availability (review sections 2a, 3, and 4). YES ® NO ❑* e. Aquatic ecosystem structure and function (review sections 2b and c, 3, and 5). YES ® NO ❑* f. Disposal site (review sections 2, 4, and 5). YES ® NO ❑* g. Cumulative impact on the aquatic ecosystem. YES ® NO ❑* h. Secondary impacts on the aquatic ecosystem. YES ® NO ❑* 7. Findings. a.The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . .® b.The proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines with the inclusion of the following conditions: . . . . . . . . . . . . . . . . . . . . . . . EI c.The proposed disposal site for discharge of dredged or fill material does not comply with the Section 404(b)(1) guidelines for the following reasons(s): (1)There is a less damaging practicable alternative . . . . . . . . . . . . . . ❑ (2)The proposed discharge will result in significant degradation of the aquatic ecosystem . . . . . . . . . . . . . . . . . . ❑ A-61 Page 91 (3) The proposed discharge does not include all practicable and appropriate measures to minimize potential harm to the aquatic ecosystem. . . . . . . . . . . . . . . . ❑ ��p, /J 't Kevin P. L ders Sr. Colonel, U.S. Army District Engineer Date: Z AP/J- 201) *A negative, significant, or unknown response indicates that the permit application may not be in compliance with the Section 404(b)(1) Guidelines. 11 Negative responses to three or more of the compliance criteria at this stage indicate that the proposed projects may not be evaluated using this "short form procedure." Care should be used in assessing pertinent portions of the technical information of items 2 a -d, before completing the final review of compliance. 21 Negative response to one of the compliance criteria at this stage indicates that the proposed project does not comply with the guidelines. If the economics of navigation and anchorage of Section 404(b)(2) are to be evaluated in the decision-making process, the "short form evaluation process is inappropriate." 3/ If the dredged or fill material cannot be excluded from individual testing, the "short -form" evaluation process is inappropriate. A-7IPage APPENDIX B LIST OF EA RECIPIENTS B-1 I Page Renee Gledhill -Earley Karen Higgins NCDCR NCDEQ-DWR 4617 Mail Service Center 401 & Buffer Permitting Raleigh, NC 27699-4617 1650 Mail Service Center Raleigh, NC 27699-1617 David Cox Ken Riley NCWRC NMFS 1718 NC Hwy. 56 West 101 Pivers Island Road Creedmoor, NC 27522 Beaufort, NC 28516 Fritz Rohde Kathy Matthews NMFS USFWS 101 Pivers Island Road P.O. Box 33726 Beaufort, NC 28516 Raleigh, NC 27636-3726 Pete Benjamin Curtis Weaver USFWS USGS- NC Office P.O. Box 33726 3916 Sunset Ridge Road Raleigh, NC 27636-3726 Raleigh, NC 27607 Paul Cozza Doug Huggett NC State Ports Authority Division of Coastal Management PO Box 9002 400 Commerce Ave. Wilmington, NC 28402 Morehead City, NC 28557 Debbie Wilson Debra Collins NC Division of Coastal Management NC Department of Transportation 127 Cardinal Drive Ext. 1550 Mail Service Center Wilmington, NC 28405 Raleigh, NC 27699 Chris O'Keefe Sterling Cheatham New Hanover County City of Wilmington 230 Government Center Drive, Suite 100 PO Box 1810 Wilmington, NC 28403 Wilmington, NC 28402 B-2 I Page David Hollis Town of Leland 102 Town Hall Drive Leland, NC 28451 Kemp Burdette Cape Fear River Watch 617 Surry Street Wilmington, NC 28401 Lyn Hardison SEPA Review Coordinator NC Dept of Env Qulaity 1601 Mail Service Center Raleigh NC 27699-1601 Crystal Best State Clearinghouse, NC Dept. of Admin 1301 Mail Service Center Raleigh, NC 27699-1301 Dan Holliman USEPA Region 4 61 Forsyth St. SE Atlanta, GA 30303-8960 Arthur Wendel Center for Disease Control and Prevention 4770 Buford Hwy Atlanta, GA 30341 US Coast Guard Marine Safety Office 721 Medical Center Dr., Ste 100 Wilmington, NC 28401 B-31 Page Lee Taylor Town of Belville 497 Olde Waterford Way, Suite 205 Belville, NC 28451 Scott Aldridge Cape Fear Pilots Association 111 W. Bay Street, PO Box 10070 Southport, NC 28461 Roy Crabtree NOAA Fisheries, Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 Daniel Govoni Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Walker Golder National Audubon Society 7741 Market St., Unit D Wilmington, NC 28411 Gregory Richardson NC Commission of Indian Affairs 1317 Mail Service Center Raleigh, NC 27699-1317 Curtis Davis US Dept. of Housing and Urban Development 1500 Pinecroft Rd, Ste. 401 Greensboro, NC 27407 USDA Natural Resources Conservation Service 4407 Bland Rd., Ste 117 Raleigh, NC 27609 NC Collection- Joyner Library East Carolina University East 5th Street Greenville, NC 27858-4353 1111OMELTAnirm NC Coastal Federation 3609 NC 24. Newport, NC 28570 B-4IPage Orrin Pilkey Duke University 103 Old Chem, Box 90227 Durham, NC 27708-0228 Joyce Stanley U.S. Department of Interior Env. Policy and Compliance 75 Spring St. SW, Ste 1144 Atlanta, GA 30303 APPENDIX C DRAFT EA COMMENTS AND AGENCY CORRESPONDENCE C-1 I Page From: Holl man, Daniel To: Huahes. Emily B SAW Cc: Militscher, Chris; Bowers, Todd Subject: [EXTERNAL] EPA Comments on Eagle Island Improvements EA Date: Tuesday, August 30, 2016 10:37:01 AM Ms. Hughes, Consistent with Section 102(2)(c) of the National Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act, the U.S. Environmental Protection Agency (EPA) appreciates the opportunity to provide comments on the referenced project. It is our understanding that the above referenced draft Environmental Assessment (EA) was submitted for a proposed project in North Carolina for raising a dike at the Eagle Island Confined Disposal Facility (CDF). EPA understands that the CDF is being used for disposal of dredge material from Wilmington Harbor dredging activities. We also understand that the Eagle Island CDF is located on a 1,473 -acre tract owned by the Department of the Army. The original property boundary for the site was defined by a series of rivers and creeks, some of which still exist and serve as property boundaries for the site. Eagle Island dikes were initially constructed in the late 1970's and now encompass approximately 755 acres of diked uplands, which was originally composed of uplands and tidal marsh as well as several tidal creeks. Over successive years of dredged material disposal, the marsh and creeks were filled and the CDF was created. Outside of the existing CDF dikes, the majority of acreage within the 1,473 -acre tract is considered jurisdictional wetlands. Historically, the site was divided into two cells, a north and a south cell. However, as part of the 2000 improvement to the CDF, the north cell was subdivided into two cells of approximately equal size. As a result, material dredged from the Upper Harbor reaches is disposed of, on a rotating basis, in Eagle Island Cells 1, 2, and 3. The most feasible alternative (identified by the Corps) for providing future disposal capacity is to increase the capacity of Cells 1-3 at Eagle Island by raising the dikes to elevation 50 feet NAVD 88. This is the proposed action identified in the EA. EPA Comments on proposed project: WQS — All project activities proposed under the EA should not cause or contribute to violations of State Water Quality Standards (WQS). EPA recommends coordination with the State of NC to ensure compliance with WQS during construction activities. Construction BMPs — EPA recommends that the project engineer design and implement Best Management Practices (BMPs) which will minimize stormwater impacts associated with this project. The construction best management practices plan should include implementable measures to prevent erosion and sediment runoff from the project. NPDES Stormwater Permit Coverage - All development projects in North Carolina that disturb an acre or more of land require permit coverage and an erosion and sedimentation control plan that has been approved by either the state or a local government with delegated authority. The State of NC has a construction stormwater general permit C-2 I Page -NCGOl. See the following website for additional information: Blockedhttp://deq.no.gov/aboutidivisions/energy- mineral-land-res ources/energy-mineral-land-permits/stormwater-permits/construction-sw Wetlands Mitigation — EPA notes that 39 acres of impacts to Phragmites-dominated coastal marsh will be mitigated with the purchase of 3.04 acres of coastal marsh "credits" for the NC Division of Mitigation Services (DMS) In - Lieu -Fee Program. These credits are associated with a coastal marsh restoration site in Jacksonville, Onslow County known as Wilson Bay (Sturgeon City), which is in a different HUC than the proposed project. EPA is concerned that the proposed mitigation for impacts to wetlands is not adequate. Since the proposed mitigation is not functionally equivalent and out of watershed, it is unclear to EPA how proposed mitigation presented in the EA is consistent with the 2008 Mitigation Rule. EPA request the Corps provide copies of the NC Wetland Assessment method forms or equivalent for both the impact site (Eagle Island phragmites dominated marsh) and the mitigation site. Alternatives — When discussing Alternatives Considered But Eliminated, the language regarding cost of the alternatives is very vague and non -informative. In most cases, cost is the reason for eliminating the alternative. If this is the case, then cost should be more clearly described in this section of the EA. EPA appreciates the opportunity to review the Eagle Island Improvements EA. If the you have any questions related to our comments please give me a call. Thanks, Dan Dan Holliman USEPA Region 4 I NEPA Program Office 61 Forsyth Street SW I Atlanta, GA 30303 tel 404.562.9531 I holliman.daniel@epa.gov Region 4 NEPA: Blockedhttp://www.epa.gov/region4/opm/nepa/index.html <Blockedhttp://www.epa.gov/region4/opm/nepa/index.html> C-31 Page W UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Ad ministration NATIONAL MARINE FISHERIES SERVICE Soulhoast Regional OOioe 25313th Avenue South SI. Petersburg, Florida 33701.5505 httpJlsero.nmta.noaa.gor (Sent via Electronic Mail) September 6, 2016 FISER47:KRIpw Colonel Kevin P. Landers Sr_, Commander U.S. Army Corps of Engineers Wilmington District fig Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Emilv Huehes Dear Colonel Landers NOAA's National Marine Fisheries Service (NMFS) reviewed the Draft Environmental Assessment ,Eagle island Improvements Dike Raise to Elevation 50 Feel (EA), dated July 2016, and the corresponding letter dated July 2=), 2016 'the Wilmington District proposes to raise the dikes at the Eagle Island Confined I}isposal Facility (CDF) to provide sufficient dredged material disposal capacity for the Wilmington Harbor Federal Navigation Project until 2032. The new toe berm would vary in width from 54 to 120 feet and permanently impact approximately 39 to 42 acres of emergent coastal wetland consisting primarily of the Common reed Phragmile.s austrahs. As compensatory mitigation, the Wilmington District proposes to purchase 3.04 acres of coastal marsh "credits" from a coa.5tal restaration site known as Wilson Bay Phase I in Jacksonville, Onslow County. The District would purchase the credits through the "In -Lieu -Fee Program" administered by the North Carolina Division of Mitigation Services. The Wilmington District's initial determination is the environmental effects associated with raising the dikes would not have a substantial adverse impact on essential fish habitat (EHI) or federally managed species within the Cape Fear River. As the nation's federal trustee for the conservation and management of marine, estuarine, and anadromous fishery resources, the NMFS provides the following comments pursuant to authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Eagle Island CDIr The Eagle Island CDF, located across the Cape Fear River from downtown Wilmington, is the largest upland disposal site for Wilmington Harbor. The Eagle Island CDD has five cells, of which three cells are in active use. The Wilmington District proposes to raise the dikes to elevation 50 feet for the active cells (Cells 1, 2, and 3). Measured from the top of dike inward, Cell 1 is approximately 230 acres, Cell 2 is approximately 260 acres, and Cell 3 is approximately 265 acres. Each cell contains a spillway allowing effluent discharges into either the Brunswick River or the Cape Fear River. For each dredging event, typically only one cell is used. 'Phis allows for an offset revolving schedule of dewatering ditching, drying, maintenance, and dike - raising among the active cells. Raising the dike elevations to 50 feet would increase the disposal capacity for approximately 16 years. CAIPage Consultation History The Wilmington District initiated EFH consultation through a request for a scoping meeting and site visit to Eagle Island on March 4, 2015. At the meeting, the Wilmington District proposed raising the elevation of the dikes to 50 feet and to build a toe berm along the outer edge of the finished dikes. Upon inspection of the site, it was determined the toe berm would vary in width from 50 to 120 feet and would impact approximately 39 to 42 acres of emergent coastal wetlands, which primarily consist of the common reed Phragmites australis. The NMFS also participated in a meeting with the Wilmington District on June 14, 2016, to review construction plans and mitigation options for the Eagle Island CDF improvements. The NMFS recommended the Wilmington District provide compensatory mitigation to offset unavoidable impacts to wetlands and EFH and for the mitigation to include projects identified for Eagle Island (e.g., Eagle Island Conservation Management Plan 2015-2025) or purchase of mitigation bank credits within the Cape Fear watershed. Impacts to Diadromous Fish Habitat and Essential Fish Habitat The NMFS believes the proposed project would eliminate some nursery habitats used by diadromous fishes. This portion of the Cape Fear River and its tributaries have nursery areas used by diadromous fishes including American eel, American shad, Atlantic sturgeon, blueback herring, shortnose sturgeon, and striped bass. Sediment and toxicant input into the river is a major threat to diadromous fish and their habitats. This input can directly impact individuals migrating to spawning grounds and permanently eliminate nursery habitat. The new toe berm would vary in width from 50 to 120 feet and permanently impact approximately 39 to 42 acres of emergent coastal wetland the South Atlantic Fisheries Management Council (SAFMC) designates as EFH pursuant to the Magnuson -Stevens Act. Further the project occurs within a state -designated Primary Nursery Area, which the SAFMC designates a Habitat Area of Particular Concern (HAPC) under the fishery management plans for shrimp and the snapper/grouper complex. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC identifies these areas as EFH and HAPCs because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region, which is available at www.safmc.net. The NMFS believes the draft EA minimally addresses EFH and HAPCs and the topic receives no focused discussion. Substantial review of these considerations should be included in the final EA. The ETH and HAPC characterizations should include a summary of designations for each federally managed species in the project area, including habitats required during each life stage (including egg, larval, postlarval, juvenile, and adult stages) and time of year of occurrence. Many of the adverse environmental impacts associated with this project are related to construction of toe berms burying approximately 39 to 42 acres ofPhragmites-dominated intertidal marsh. The draft EA diminishes the value of Phragmites for fisheries habitat; however, a Phragmi tes- dominated marsh provides many ecological services and functions as a nursery C-51 Page area for larval and juvenile finfish, crustaceans, and molluscs, and as a habitat for adult fishes. As demonstrated in this draft EA, some coastal managers believe the shift from bpartina- dominated to Phragm i les-dom i nated marshes cons islenlly results in a change from a bioil ivers e, fisheries productive habitat to a less biodiverse, unproductive habitat. Contrary to this opinion, Phragmites-dominated marshes can provide many of the same ecological functions as salt marshes, including flood protection, erosion control, water quality, and detrital exchange, and have similar levels of nekton abundance, biomass, and diversity'. More recent studies further demonstrate the equivalency of these habitats to juvenile blue crabs. Case-by-case evaluations are needed to assess the ecological services provided by a particular Phrogmifes-dominated marsh. The Wilmington District proposes to provide compensatory mitigation for the impacts to EFH through the "In -Lieu -Fee Program" administered by the North Carolina Division of Mitigation Services by purchasing 3.04 acres of coastal marsh "credits" from a coastal restoration site known as Wilson Bay Phase I in Jacksonville, Onslow County. The NMFS recommends the District revise the mitigation plan to focus on restoration projects underway on Eagle Island, development of new restoration projects along the Cape Fear River, or purchase of mitigation bank credits within the Cape Fear watershed (HUC 03030005). The amount of mitigation should yield no net loss of coastal wetland function, as demonstrated by Ilabitat Equivalency Analysis or a similar evaluation. Recommended Recisions for the Final EA • Section I.I should include reference to the Draft Integrated FeasibilftyReport and E'nvironmentaiAsse-ssment, Wilmington Harbor Navigation Improvements, dated June 2014. • Section 5.5, Tablc 2 incorrectly states that no IIAP Cs are located in the vicinity of Wilmington I Iarbor. As noted above the project within a designated Primary Nursery Area • Section 5.7 and Section 5.18.4 should demonstrate quantitatively that the 39 to 42 acres of Phragmiles-dominated coastal marsh is low quality_ Section 516 should substanlialc that Phragmiles-dominalcd coastal marsh provides little habitat and food source for native species. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFII Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. 'there fore, NMFS recommends the following to ensure the conservation of 1SFI1 and associalcd fishery resources - 1 Meyer, T). t.., Johnsen J. M., & Gill, J. W. (200 1) Comparison of nekton use of Phragmde4 auslralis and Sparvna QIL¢mii pra marshes in the Chesapeake Say, []SX Manne Aeo&Sy l'rogresr Series, 209, 71-83. 2 Long, W. C., Grow, J. N., MKjorm J. E., & Hines, A. H. (2011) Effects of anthropogenic shoreline hardening and invasion by Phragmiles australis on habitat quality for Juvenile blue crabs (Callmectes sapidus). Journal of Experimental rUlarine Biology and Feology, 9179, 215-222. C-61 Page The Wilmington District should employ Best Management Practices to prevent discharge of pollutants and to control turbidity throughout construction. The Wilmington District should use vegetation to stabilize the toe berm and prevent its erosion. The Wilmington District should provide compensatory mitigation that offsets fully the impacts to EFH as demonstrated by a functional assessment. Further, the mitigation should focus on projects along Eagle Island and the Cape Fear watershed. The mitigation plan should identify the specific wetland functions and values the compensatory mitigation is intended to restore or replace. Compensation for interim losses of ecological functions and values should be included if the compensatory mitigation project requires several years to complete. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Dr. Ken Riley at our Beaufort Field Offi cc, 101 Pi vers Island Road, Beaufort, North Carolina 28 5 16-9722, or at (2 52) 728-8750. cc: COE, Emily.B.Hughes@usacc.armv.mil USFWS, Pete_Benjamin@usfws.gov NCDCM, Doug.Huggett@nemail.net NCDCM, Gregg.Bodnar@ncdenr.gov ASMFC, lhavel@asmfe.org EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net FISER4, David.Dale@noaa.gov FISER47, Ken.Riley@noaa.gov C-71 Page 4 1 for Sincerely, , / GcP VA Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division Cape Fear Ricer Watch 617 Surry Street • Wilmington, NC • 28401 • 910.762.5606 • www.Ca eFearRiverWatch.or OFFICERS U.S. Army Corps of Engineers, Wilmington District Doug Springer ATTN: Ms, Emily Hughes (CESAW-ECP-PE) President 69 Darlington Ave. Jeannie Lennon Wilmington, NC 28403 Vice President RE: Comments on: Draft Environmental Assessment — Eagle Island Improvements Brent McAbee Dike Raise to Elevation 50 Feet Brunswick and New Hanover Counties, NC Treasurer Dear Ms. Hughes.- Dana ughes: Dana Sargent Secretary On behalf of the Cape Fear River Watch (CFRW), we are submitting the following comments pursuant to the notice issued by your office July 29, 2016 regarding the OF DIRECTORS subject Draft EA. I just discovered that the subject draft EA was available for ChaBOARD y Allen comments late last week, so our comments will be brief. Appendix B indicates that I Julia Julia BurgerB was on the distribution list for the EA, but I did not receive it. Larry Cahoon Rich Carpenter From the information provided in the EA, it appears that raising the Eagle Island dikes Alan Cradick to 50 feet in elevation is probably the best alternative, but I have several concerns with Philip Gerard the draft EA. My concerns are listed in bullet format below: Gordon Johnson There is no geotechnical g appendix providing details for the proposed dike Melissa Julian raise. Jot Owens 0Section 4.1 Alternatives: The section lacks detail. For example, the EA Ted Poucher indicates that disposal of dredged material in the ODMDS is more expensive Roger Shew than the dike raise. The cost analysis for this conclusion should be included in Tom Tewey the EA. • Figures 5&6 should have a legend indicating what the various symbols and STAFF line colors designate. Kemp Burdette 0 Sections 5.7 Wetlands: The EA states Phragmites is of lower quality and has CAPE FEAR RIVERKEEPER® less habitat for native species; however, no reference is provided for that Frank conclusion. Yet that conclusion appears to be the key factor for suggesting Executive Executive Director minimal mitigation requirements. • Section 5.16 Mitigation: See the comment above for Section 5.7. In previous Jennifer Cole Corps EAs on other projects, detailed analyses were provided determining the Communications Coordinator amount of mitigation acreage required for wetland impacts. The same needs to be provided for this project. In other words, how was 3.04 acres of Kay Lynn Plummer -Hernandez mitigation needs determined? Education Coordinator Where is the documentation that the 3.04 acres of wetlands at Wilson Bay is a Patrick Connell high quality restoration area? Greenfield Lake Manager • Mitigation should be performed or credits received in the Cape Fear River Watershed (HU Code 0303005) not another watershed over 50 air miles away } Protecting and improving the water quality of the Lower Cape Fear River Basin WATERKEEPER"ACLIAN C E through Education, Advocacy, and Action MEMBER We are a 501(c)3 nonprofit. Tax ID#58-2121884. C-81 Page Page 2 According to the EA, the proposed project is much cheaper than other alternatives. Therefore, if additional mitigation (beyond 3.04 acres in another watershed) and associated funding is needed, the proposed project would not be replaced by another cheaper alternative. Potential new mitigation options could include: o Setting aside disposal cells 4 and 5 for conservation. The EA indicates that construction of cells 4 and 5 was eliminated from further consideration. o Improve striped bass passage at Lock and Dam #1. o Restore Alligator Creek on Eagle Island. Thank you for your consideration and let me know if you have any questions. Sincerely, Kemp Burdette CAPE FEAR RIVERKEEPERO Cape Fear River Watch C-91 Page Coustal Management ENVJRQNMFNTAL QUAUTV August 31, 2016 Emily Hughes Department of the Army, Wilmington District, Corps of Engineers 69 Darlington Ave. Wilmington, NC 28403 PAT MCCRORY rlo errw DONALD R. VAN DI}R V AART Semeaq 13RAXTON DAVIS Dfrerror SUBJECT: Comments Concerning the Draft Environmental Assessment, Eagle Island Improvements, Brunswick County, North Carolina Dear Mrs. Hughes: The Division of Coastal Management has completed our review of the Environmental Assessment (EA) for the proposed the Eagle Island Improvements, in Brunswick County, North Carolina. Staff have reviewed the EA and ask that it clarify whether the project would result in any Coastal Wetland impacts, and if it would, that it quantify the area of Coastal Wetlands to be impacted by the project. Additionally, the location of the mean (or normal) high water line should also be identified, and any proposed impacts to Public Trust Areas or Estuarine Waters also quantified. The Division of Coastal Management also recommends the submittal of a federal consistency determination. If you have any questions, please contact Daniel Govoni at 252-808-2808 x233. Thank you for your consideration of the North Carolina Coastal Management Program. Sincerel Daniel Gov Policy Analyst Stale of North Carolina I Eweiu mmtai Quality I Coastal Management 127 Cardinal Drive F=.. Wilmhgpn, IVC 29405 910-796-7215 C-101 Page STA TE,, North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Rumonu M. Banos, Administrator Governor Pat McCrory Secretary Susan Kluttz August 29, 2016 Emily Hughes Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Re: Draft Environmental Assessment, Eagle Island Improvements, Brunswick and New Hanover Counties, ER 11-1391 Dear Ms. Hughes: We have received a public notice concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We believe the Draft Environmental Assessment adequately addresses our concerns for historic resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewancdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, boll, Ramona M. Bartos Location: 109 Last Jones Street, Raleigh NC 27601 Mailing Address: 46f7 Malt Seivice Center, Raleigh NC 27699-4617 Telephone/Yas: (919) 807-6570.%807-6599 C-11 I Page F Stare Environmental Review Clearinghouse ADMINISTRATJON September 8, 2016 Ms. Emily Hughes Department of the Army U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403 Kathrynjohnston Sec1omry J. Brian Ratledge Generalcowlsel Re: SCH File # 17-E-0000-0056; EA; proposed project is for the Eagle Island Improvements, Dike raise to Elevation 50 feet. Dear Ms. Hughes: The above referenced environmental impact information has been submitted to the State Clearinghouse under the provisions of the National Environmental Policy Act. According to G.S. 113A-10, when a state agency is required to prepare an environmental document under the provisions of federal law, the environmental document meets the provisions of the State Environmental Polity Act. Attached to this letter for your consideration are comments made by the agencies in the course of this review. If any further environmental review documents are prepared for this project, they should be forwarded to this office for intergovernmental review. Should you have any questions, please do not hesitate to Call. Sincerely, C�Best State Environmental Review Clearinghouse Attachments cc: Region ❑ —Nothing Compares '--'--�-. State of North Caroltna i Administration 116 West Jones St. 11301 Mail Service Center I Raleigh, NC 27699-1301 state.clearinghnuse@dna_nc gov 1 914 $07 2414 T C-12IPage Environmental Quality MEMORANDUM To: Crystal Best State Clearinghouse Coordinator Department of Administration FROM: Lyn Hardison Lgf4l Division of Environmental Assistance and Customer Service Permit Assistance & Project Review Coordinator PAT MCCRORY Caveator DONALD R. VAN DER VAART se�emir RE: 17-01756 Environmental Assessment Proposed project is for the Eagle island improvements, Dike raise to the elevation of 50 feet Brunswick and New Hanover Counties Date: August 29, 2016 The Department of Environmental Quality has reviewed the proposal for the referenced project. Based on the information provided, several of our agencies have Identified permits that may be required and offered some guidance. The comments are attached for the applicant's review. The Department's agencies will continue to be available to assist the appk'rcant through the environmental review processes. Thank you for the opportunity to respond. Attachment ��Nothing Cornpares!�,. State of North Carolina I Environmental qualfry 1(01 Mail Service Center i Ralmo. north Cas it" 77699.1eo1 919. 707 -8600 C-131 Page From: Coats, Heather Sent: Wednesday, August 24, 2016 8:53 AM To: SVC—DE NR.SEPAP ncdenr.gov,'Hughes, Emily BSAW' (Emily. B.Hugh es@usace.army. mit) Cc: Govoni, Daniel Subject: Draft EA review of Eagle Island improvements, Brunswick Co Hello Lyn and Emily, The Division of Coastal Management has completed our review of the Environmental Assessment (EA) for the proposed the Eagle isiand Improvements, in Brunswick County, North Carolina. Staff have reviewed the EA and ask that it clarify whether the project would result in any Coastal Wetland impacts, and if it would, that it quantify the area of Coastal Wetlands to be impacted by the project. Additionally, we ask that the location of the mean (or normal) high water line be identified, in order to quantify any proposed impacts to Public Trust Areas or Estuarine Waters. The Division of Coastal Management also recommends the submittal of a federal consistency determination. If you have any questions, please contact me or Daniel Govoni at 252 808 2808 x233. Thank you For your consideration of the North Carolina Coastal Management Program. Best regards, Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 795 7302 office heatherv 127 Cardinal Drive Extension Wilmington, NC 28405 Email corrmspordence to arra fron,� this address is subject to the North arohna T ablic Recoat Law and may be disefosod to thiW parties, C-141 Page From: Bodnar, Gregg Sent: Tuesday, August 23, 2016 1:56 PM To: SVC, <S PAtcDncdPnr.go > Subject: #17-0056 Eagle island Improvements {Dike raise to 50 feet) I would recomrnend USACE investigate the potential for coastal wetland planting along the toe of slope and other areas where practical. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. Plantings could be supplemental on-site mitigation and may aid in the displacement of Phragmites. Potential partnerships could be developed to offset investments. The draft EA identifies an in water work environmental window (1 Oct -31 Jan) and is sufficient and recommended. regards, Gregg Bodnar Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office f�rc�gg"Bodn a re nncder; . ori,• 400 Commerce Ave Morehead City, IVC 28557 '�l ;... " i '. t.-is5�r' �.•i:fn'•n: G: CSr...; Ern aY i-,,er nsponderres? Llo anri mm this address i sub act tc, .1be North ::aroiira r%b!i& Records Law oad maks bc- disclosod to third vaP'tioz: - C-151 Page TO From: August 22, 2016 Michael Scott, Director Division of Waste Management Bill Hunneke, Eastern .Region Compliance Supervisor, Compliance Branch, Hazardous Waste Section PAT MCCRORY DONALD R. VAN DER V AART MICHAEL SCOTT Subject: Hazardous Waste Section Comments on Eagle Island Improvements, Dike Raise (Brunswick County) Project Number: 17-0056 The Hazardous Waste Section (I-IWS) has reviewed the environmental assessment report for the Eagle Island Improvements, Dike Raise to Elevation 50 feet project. (Brunswick County). Any hazardous waste generated from the demolition, construction, operation, maintenance, and/or remediation (e.g. excavated soil) from the proposed project must be managed in accordance with the North Carolina Hazardous Waste Rules. The demolition, construction, operation, maintenance, and remediation activities conducted will most likely generate a solid waste, and a determination must be made whether it is a hazardous waste. If a project site generates more than 220 pounds of hazardous waste in a calendar month, the HWS must be notified, and the site must comply with the small quantity generator requirements. If a project site generates more than 2200 pounds of hazardous waste in a calendar month, the HWS tnust be notified, and the facility roust comply with the large quantity generator requirements. The proposed project site does not currently have an existing EPA identification numbers for the generation of hazardous waste. Should any questions arise, please contact me at 252-364-8977. Kind regards, 4v GiWN +✓ William I�lunneke Eastern Region Compliance Supervisor State o£Nonh Carolina 1 Fnvironin al Quality i Wasle Marmgs nt 1646..Vail Service Cerner1 2i7 WfttJwi Street i Raleigh, NC 27699-t 646 919 707 9200 F s€M C-161 Page Date: August 22, 2016 To: Michael Scott, Director Division of Waste Management Through: Dave Lown, Head Federal Remediation Branch From: Doug Rumford, Federal Remediation Branch PAT MCCRORY DONALD R. VAN DER VAART MICHAEL SCOTT Subject: NEPA Project #17-0056, Eagle Island Improvements, Wilmington, Brunswick/New Hanover Counties, North Carolina The Superfund Section has reviewed the proximity of CERC LIS and other sites under their jurisdiction to the improvements of the Eagle Island Confined Disposal Facility (CDF) located between the Cape Fear and Brunswick Rivers, Wilmington, Brunswick/New Hanover Counties. The proposed project will consist of raising the elevation of the dikes surrounding cells 2 and 3 to an elevation of 50 feet NAVD. An area of approximately 525 acres of the 1473 -acre Eagle Island CDF will he impacted. Eight (8) sites were identified within one mile of the project as shown on the attached map and in the table below. The 5uperfund Section recommends that site files be reviewed to ensure that appropriate precautions are incorporated into any construction activities that encounter potentially contaminated soil or groundwater. Superfund Section files can be viewed at: htt12s:Ldec1.nc. ov aboutidivisions/waste- manage ment waste-management-rules-data/e-documents. - Please contact me at 919.707.8334 if you have any questions. 1{3 #i Site Name'...:. Status 1 SOUTHERN WOOD NCDO58517467 Open site an the Inactive Hazardous Sites inventory PIEDMONT CO NONCDO002194 NCSPA BLDG C-1 Open site on the Inactive Hazardous Sites Inventory NCN000407584 SOUTHERN METALS Open site on the Inactive Hazardous Sites Inventory RECYCLING, INC NCD996186518 OLD ATC REFINERY Open site on the Inactive Hazardous Sites inventory NONCD000283$ WACCAMAW TRANSPORT Open site on the Inactive Hazardous Sites Inventory (FORMER) NONCD0001180 CTI OF NC, iNC Open site on the Inactive Hazardous Sites Inventory Open site on the Pre -Regulatory Landfill inventory NONCDO000760 _ Optimist Ball Park NCD986388910 WILMINGTON COAL GAS Open site on the Inactive Hazardous Sites Inventory PLANT Scare of North Camlina i ianvirvr inial Quality i V'am hlamsami a 1646 Mail Sonic* Coater 1217 Won Ioucn Sacci I Raicigk NC 27699-1646 919707 8200 Tcicphnnc C-171 Page C-181 Page r .a ¢ 4 - V ¢ . � m Y N m N N U �•: Cil. 22 Yl 7 � • -- - D :_ aE c G3 Si r z vi bc ji- 15 - CCC. fx Ir ur c: Sr .:R i•'' . ..rasa l' tan ..S' ,. _• C•• - -� ' C-181 Page r 4 V ¢ � m Y N m N N U Yl 7 MEMORANDUM TO: Michael Scott, Division Director through Sharon Brinkley PAT MCCRORY DONALD R. VAN .DER VAART FROM: Drew Hammonds, Eastern District Supervisor - Solid Waste Section DATE: August 24, 2016 MICHAEL E. SCOTT SUBJECT: Review: Project 417-0056 — Brunswick — New Hanover Counties (Department of the Arany: Draft Environmental Assessment — Eagle Island Improvements, Dike Raise to Elevation 50 Feet) The Division of Waste Management, Solid Waste Section (Section) has reviewed the Department of the Army/US Army Corps of Engineers' Draft Environmental Assessment, for Eagle Island Improvements of dike raise elevation 50 feet, in Brunswick and New Hanover County, North Carolina. Based on the information provided., the Section has seenno adverse impact on the surrounding community and likewise knows of no situations in the community, which would affect this project. During the construction and maintenance of this project, the US Army Corps of Engineers and/or its contractors should make every feasible effort to minimize the generation of waste, to recycle materials for which ,viable markets exist, and to use recycled products and materials in the development of this proiect where suitable. Any waste generated by this project that cannot be beneficially reused or recycled must be disposed of at a solid waste management facility permitted by the Division. The Section strongly recommends that the owner require all contractors to provide proof of proper disposal for a33 waste generated. Permitted Facilities are listed on the Division of Waste Management, Solid Waste Section portal site at: httt�s:r'clect.nc.„ nr a.lrciutldsw°i.,insiwaste-rrlt�raerrrent�tvast�-rn.anacment-rules- datafsc�fid-waste-ar�u�a�_cm�nt a�izuaf�repc�rtsi �lid-wa�tr ?er-mitted-#acilirw-fist Questions regarding solid waste management for this project, should be directed to Mr. Wes Hare, Environmental Senior Specialist, Solid Waste Section, at (91 d) 796-7405. cc: Wes I Tare, Environmernta3 Senior Specialist Jessica Montie, Compliance Officer sate of North Cara Eula' 1nvworumntal Quality i Wamt Manegccmcnt 225 Gn= &meet I Saute 714 Fayene- Iie..'YC 28301 M431 3300 C-191 Page State of North Carolina Reviewing Office: WiRO Department of Environment and Natural Resources INTERGOVERINMENTAU REV)EW - PROJECT COMMENTS Project 'Number 17-0056 Due Date; 8/26/2016 County Brunswick After review of this project it has been determined that the ENR permit(s) and/or approvals indicated may need to be olnained in order for this project in comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional office indicated on the reverse of the farm. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. C-201 Page Normal Process Time PERMITS SPECIAL. APPLICATION PROCEDURES or REQU 1REMENi'S (statutory time limit) Permit to construct & operate wastewater treatment facilities sewer system extensions do sewer systems not discharging Applicat on 90 days before. he n construction or award of construction 30 days into state surface waters. cantra=. On-site inspection. Post -application technical conferencc usual. (90 days) NIMES - permit to discharge into surface wa:�r andior Application 180 days before beLhn activity. On-site inspection. Pre- ❑ permit to operate and construct wastewater facilities application conference usual. Add iii onalIV, obtain permit to construct ?o-124 days discharging ince state surface waters treatment Neility-grassed afterWDES. PWy rime, 30 clays atter issue NPDES is later. (NIA) receipt of plans or permit -whichever receipt of Water Use permit III e-almlic4lion technical conference usually necessary 0 daav(NIA)s Well Construction Permit Complete application must be received and permit issued prior to the 7 days installation of a we11. (15 days) Application copy must be served on each adiacemi riparian property owner. Dredge and Fi11 Permit On-site inspection. Pre -app hcalion conference usual. Filling may require 55 days Easement to Fill from RC Department of Administration and (90 days) Federal Dredge and Pill Permit Permit to construct & operate Air Pollution Abatemem Applicaion mue,,t he submitted and pennit received prior to nes and/or 0r1 $anICeS 85 per 15 A NCA[ construction and operation of the source. If a permit is required it an 90 days Q.030ss (2Q.ci (2Q.OlUotluv 2Q. 0300) area wi[boil local 2w1n^a, then there are additional requirements and timelines (2[7.0113). Permit to construct & operate Transportation Facility as per Application must be submittM at least 90 days prior to conmuttion 90 days 15A NCAC (2D.08W. 2Q.0fit}l or rnodifwation of the source. Any Open burning associated with subject proposal must be in umipliance with 15 A NCAC 2D.19W Demolition or renovations of structures conmaining asbestos ❑material mmtit he in coin nhance with 15 A NCA(` 20 1110 € l fication Ni4 60 days (a) ( j which requires nob and removal prior to demolition. Conmet. Asbestos Control Group 919-707.5450. (90 days) ❑Complex Sour" Permit required under 15 A NCAC 2D.0200 The Sedimentation Pollution Control Act of 1973 mast be properly addressed for any land disturbing activity. An erosion & sedimentation ® control plan wi11 be required if one or more acres to be disturbed- Plan fi 25d with proper Regional Office [Land Quality Section) At least M 20 may, days before beginning activity. A fee of$65 for the first acre or any part of an acre. An express review option is available with addihtnal (30 days) fi;m Sedimentation and erosion control mtW be addressed in accordance with NCDOT's approved program. Particularauention should begiven (30 days) to design and instal laiian of appropriate perimeter sedunent trapping devices as well as stable storm water conveyanccs and outlets. On-site inspection usual. Surety bond filed with HNR.Bond amount varies Mining Permit with type mine and number of acres of affeeied land. Any arc nutted greater 30 days than one acre must be permitted. The appropriate bond must be received (fill daysy before the Perm It can be issued. On-site inspe Kion by N.C. Division Forest Resources if permit exceeds 4 days 1 day I day ® - -� North Carolina Burning it Penn [ ❑Special Ground Clcarancc Burning {'ertnit - 22 On-site inspection by N. C, Division Forest Resources required "if more than five acres clearing irvo..lved. Inspections be 1 day counties in coastal N.C. with organic soils of wound activities are should (N/A) requested at least ten days before actual bin is planned.' oil Refining F"aciIii Iies NIA 90-120 days (NIA) Ifpennit required, appiication bo days before begin construction. Applicant must hire N.C. qualified enginear to- prepare plans, inspect construction. certify wnstrucrion is according to ENR approved plans. May Wso require Dam Safety Permit permit undo mosquito control program. And a 404 permit from Corps of 30 days Engineers. An inspection of site is necessary to verify Hn7A Classification. l (60 days) A ininimum fee of S200.90 must accompany the application. An additional processing fee based on a percermage or Iba total project cost will be required upon completion. C-201 Page County Brunswick Project Number: 17-0056 Due Date.: 8/26!2016 Initials No Normal Process Time Date (Statutory time limit) PMMiTS SPECIAL APPLICATION YROCEDURFS or REQLIIRFMENTS Review ❑ Permit to drill exploratory oil or well File surety bond of 55.000 with ENR running to Stale of NC conditional that any well opened by drill operator shall, upon abandonment, be to ENR I6 da s 8/24/16 gas plugged according rules NIA This project will require an Individual Permit Certification under Section Geophysical Exploration Permit and regulations. ❑ Application }f led with F1NR at least 10 days prior to issue of permit. Application by letter. 10 days DWR-PWS HLC No standard application form. NIA ❑ State LAOS Construction Permit Application fee based on structure size is charged. Must include doscriptions Bc 15-20 days be dredged that are owned by Cape Fear Public Utility Authority. Please drawings of structure &. proof of ownership of riparian property. WA ❑ 401 Water Qualhy Certification MA 60 days des TO new construction and earthwork will require DEMLR permits (130 s) ❑ CAMA Perinit for %WOR development 5250 -DD fee must accompany application 55 days (150 days) ❑ CAMA Permit Cor MINOR development $50 OD fee must accompany application 22 days (25 days) Several geodetic monuments are located in or near the project area. Ir any monument niche to be moved or destroyed, please notify' ❑ N.C. Geodetic Survey, Box 27687 Raleigh, NC 27611 ❑ Abairdonmcnt or any wells, iFmgaired must be in acerWanoe %eiih Title ISA. Subchapter 2C-4100. ❑ Notification ortbeproper regional office is requested if "orphan" underground storage tanks (U S75) are discovered during any excavation operation. ® Compliance with 15A ;+ICAC 211 1 OW (Coasts! Stormwater Rules) is required. 43 days (NIA) ❑ Catawba, Jordan Lake. Randalman. Tar Parnhco or Ncuse Riparian Buffer Rules required. Pians and spoukatioas far the construction, expaiwon, or alteration of a public water system mutt be approved by the Division or Water ❑ResovrceslPubbc Water Supply Section pnor to the award of a contract or the initiation or construetion as per 15A MCAC 18C .4300 et. seq. Places and 30 days specifications should be submitted to 1634 Mail Service Center, Raleigh, North Carolina 27699-163d. All public water supply systems must comply with state and federal drinking water moniwring regrrirei=ts. For more iformauon, contact the Public Water Supply Section, (919) 707-91 W. if existing water lures will be relocated during the construction, plans for the water line relocation mus[ be submitted to the Division of Wates I ❑ ResoureecPublic Water Supply Section a[ 1634 Mail Seevece Center. Raleigh, North Carolina 27699-1634. For more information, corracl the Public 30 days Water Supply Seelion. (919) 707-9100 Other comments to awb additional nattes as necesserv. being certain to cite comment authority) Division Initials No Comments Date comment Review DRQ DAC 8/24/16 DWR-WQR05 CCC This project will require an Individual Permit Certification under Section 8/17/16 (Aquifer & Surface) ❑ 401 J DWR-PWS HLC Be advised that there are water lines located under the river in the area to 8/24/16 be dredged that are owned by Cape Fear Public Utility Authority. Please contact CFPUA Engineering Department at 910) 332-656-0. DEMLR (LQ & SW) des TO new construction and earthwork will require DEMLR permits 8/19/16 DWM - UST wet I Z, 8/19/16 REGIONAL OFFICES Questions regarding these pennits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office 20961 I.JS highway 70 Swannanoa, NC 2$778 (828) 296-4500 ❑ Fayetteville Regionsl Office 225 North Green Street, Suite 714 Fayetteville. NC 28 ,01-5043 [ 910)433.3300 February i 1.2015 C-21 I Page ❑ Mooresville Regional Office 610 Fast Center Avenue, Suite 301 Mooresville, NC 28115 (704) 663-1699 ❑ Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 (919) 791-4200 ❑ Washington Regional Office 943 Washington Square Mall Washington, AIC 27889 ® Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796-7215 ❑ Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 (336) 771-9800 NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF AI]MINISTRATION INTERGOVERNMENTAL REVIEW COUNTY. BRUNSWICK H12: OTHER NEW HANOVER MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF NATURAL & CULTURAL RESOURCE STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVINK DISTRIBUTION CAPE FEAR COG DEPT OF ENVIR. QUALITY - COASTAL MG DEPT OF ENVIRONMENTAL QUALI'T`Y DEPT OF NATURAL & CULTURAL RESOURCE DEPT OF TRANSPORTATION DNCR - DIV OF PARIS AND RECREATION DPS - DIV OF EMERGENCY MANAGEMENT PROaECT INPOP34 kTION APPLICANT: Department of the Army TYPE: National Environmental Policy Act Environmental Assessment STATE NrsF=R: 17-E--0000-0056 DATE RECEIVED. 08/03/2016 AGENCY RESPONSE: 08/29/2016 REVIEW CLOSED: 09/02/2016 lk- i7ari Il� �•� l�ia �llFi�4 DESC: Pz-oposed project is for the Eagle Island Improvements, Dike raise to Elevation 50 feet. - View documents at: http://www.saw.usace.army.mil/Missions/Navigation/Dredging/Wilmington-Harbor/Ragl e -island! The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date. to 1301 Mail Service Center, Raleigh LSC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: 0 NO CC=NT D CO -ANTS ATTACHED C h �^ C'` SIGNED BY: � i C-22IPage DATE NORTH CAROLINA STA'L'E CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION 6� INTERGOVERNMENTAL REVIEW COUNTY2 BRUNSWICK H12. OTHER STATE NUMBER: 17-E-0000-0056 NEW HANOVER DATE RECEIVED: 08/03/2016 AGENCY RESPONSE: 08/29/2016 REVIEW CLOSED: 09/02/2016 MS CARRIE ATKINSON CLEARINGHOUSE COORDINATOR DEPT OF TRANSPORTATION STATEWIDE PLANNING - MSC 41554 RALEIGH NC RXV13rw DISTRIBUTX01T �'� 34 is If fj � CAPE FEAR COG � DEPT OF ENVIR. QUALITY - COASTAL MG DEPT OF ENVIRONMENTAL QUALITY DEPT OF NATURAL & CULTURAL RESOURCE rp Akr- DEPT OF 'T'RANSPORTATION a-*QCi DNCR-- DIV OF PARKS AND RECREATION DPS DIV OF EMERGENCY MANAGEMENT�� PROJECT INFORMATION APPLICANT z Department of the Army TYPE: National Environmental Policy Act Environmental Assessment DESC. Proposed proyect is for the Eagle Island Improvements, Dike raise to Elevation 50 feet. - View documents at: http://www.saw.usace.army.mil/missions/Navigation/Dredging/wilmington-Harbor/Eagl e -Island/ The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 130? Mail Service Center, Raleigh NC 27699rv1301. if additional review time is needed, please contact this office at {919y807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: ❑ NO COROIENT COMMRN'T'S ATTACHED SIGNED BY: C-231 Page Transportation August 19, 2016 Department of the Arany State Number: 17-E-0000-0056 PAT MCCRORY Couernor NICHOLAS J. TENNYSON stx,ei Rry Project Title: National Environmental Policy Act Environmental Assessment After reviewing your application it has been determined that tlee proposed Eagle Island Improvements is located near a facility that is being widen. To avoid any potential conflicts to TIP Project R-3601, please coordinate with Patrick Riddle who is the Division Planning Engineer in Highway Division 3. Patrick Riddle can be reached by phone at (910) 316-2040 or by email priddle@ncdot.gov. Sincerely, Nastasha Earle -Young Transportation Planning Branch Eastem Planning Team I -5�'--Nnthing Compares-- ,.. stale or North Gam ina, Daparhnent o: VrariWortatiun, Transportation 1'tanuing Branch 1554 Mail Serrioe Centcr, 1 Soiith Wilmington Street, Ralciph, NC 27601 919-707-0900 C-24IPage NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION r'IW U 5 2416 INTERGOVERNMENTAL REVIEW COUNTY, BRUNSWICK H12: OTHER STATE NUMBER : 17-E-0000-0056 NEW HANOVER DATE RECEIVED: 078/03/2016 AGENCY RESPONSE: 08/29/2015 REVIEW CLOSED: 09102/207.5 MS PAULA CUTTS CLEARINGHOUSE COORDINATOR DPS - DIV OF EMERGENCY MANAGEMENT FLOODPLAIN MANAGEMENT PROGRAM MSC # 4218 RALEIGH NC REVIEW DISTRIBUTION CAPE FEAR COG DEPT OF ENVIR. QUALITY - COASTAL MG DEPT OF ENVITRONNENI`AL (,QUALITY DEPT OF NATURAL & CULTURAL RESOURCE DEPT OF TRANSPORTATION DNCR - DIV OF PARKS AND RECREATION DPS - DIV OF EMER{,ETITCY MANAGEMENT PROJECT IM"ORMATION APPLICANT: Department of the. Army TYPE: National Environmental Policy Act Environmental Assessment DESC: Proposed project is for the Eagle Island Improvements, Dike raise to Elevation 50 feet. - View documents at: http://www.saw_usace_army.mil/Missions/Navigation/Dredging/Wilmington-Harbor/Eagl e -Island/ The attached project has been submitted to the N. C. State Clearinghouse for- intergovernmental orintergovernmental review. Please review and submit your response by the above indicated date to 1301 rail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: ❑ NO COMMENTtg COMMENTS ATTACHED SIGNED BY: i C-25IPage DA'T'E : f k, ���� i � (e _Aq '`~ JNorth Carolina Department of Public Safety Emergency Management Pat McCrory, Governor Michael A. %prayberry, Director Frank L. Perry, Secretary August 16, 2016 State Clearinghouse N.C. Department of Administration 1301 Mail Service Center Raleigh, North Carolina 27699-1301 Subject: Intergovernmental Review State Number: 17-E-0000-0055 Eagle Island Improvements, Raise Dike to 50', Brunswick and New Hanover Counties As requested by the North Carolina State Clearinghouse, the North Carolina Department of Public Safety Division of Emergency Management Risk Management National Flood Insurance Program (NCNFIP) staff reviewed the proposed project to raise the Eagle Island perimeter dike to 50'. The site is located alongside the Cape Fear River and Brunswick River near Wilmington. NCNFIP offers the following comments: Executive Order 11988 of May 24, 1977 (Floodplain Management) requires executive departments and agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplain and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative. Executive Order 11988 requires an eight -step review process that agencies should carry out as part of their decision-making on projects that have potential impacts to or within the floodplain. Any work within the SF14A of studied streams, based on the current Flood Insurance Rate Map, should follow these guidelines in order to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains. The eight steps are summarized below. It is noted that several of these actions have already taken place with the preparation of the Description of Proposed Action. 1) Determine if a proposed action is in the base floodplain (that area which has a one percent or greater chance of flooding in any given year). 2) Conduct early public review, including public notice. 3) Identify and evaluate practicable alternatives to locating in the base floodplain, including alternative sites outside of the floodplain. 4) Identify impacts of the proposed action. 5) If impacts cannot be avoided, develop measures to minimize the impacts and restore and preserve the floodplain, as appropriate. 6) Reevaluate alternatives. MAILING ADDRESS: 4218 Mail Service Center Raleigh NC 27699-4218 www.ncem.org C-261 Page _... rxaan rnRar:ffz� GTM OFFICF LOCATION: 4105 Reedy Creek Road Raleigh, NC 27607 Telephone. (919) 825-2341 Fax: (919) 825-0448 State Clearinghouse Page 2 of 2 August 16, 2016 17-E-0000-0056 7) Present the findings and a public explanation. 8) Implement the action. Thank you for your cooperation and consideration. If you have any questions concerning the above comments, please contact me at (919) 825-2300, by email at dan.brubaker@ncd ass.gov or at the address shown on the footer of this document. Sincerely, John D. Brubaker, P.E., CFM NFIP Engineer Risk Management cc: Tom Langan, Engineering Supervisor John Gerber, NFIP State Coordinator File C-271 Page EST OF.tyF/ • United States Department of the Interior m ya y s FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 4RCH 9 .s Raleigh, North Carolina 27536-3726 August 30, 2016 Elden J. Gatwood Chief, Planning and Environmental Branch U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28402 Re: Draft Environmental Assessment (DEA) Eagle Island Improvements Dike Raise to Eievation 50 Feer Dear Mr. Gatwood: The U.S. Fish and Wildlife Service (Service) has reviewed you► July 29, 2016 letter and copy of the Draft Environmental Assessment (DEA) for Eagle Island Improvements Dike Raise to Elevation 50 Feet. The proposed project is to be constructed on Eagle Island in the Cape Fear River, New Hanover and Brunswick Counties, North Carolina. The proposed project will raise the elevation of the dike to 50 feet and require the construction of a supportive outer toe berm. This will provide a spoil disposal area until 2032. The toe berm is projected to impact 39 acres of Phragmites-dominated coastal marsh. The Corps proposes. to mitigate the loss of 39 acres of marsh by purchasing 3.04 acres of coastal t arsh credits fro►n the Wilson Bay (Sturgeon City) Phase 1 bank which is locates{ in a different hydrologic unit (1-lUC). The Service does not believe the proposed mitigation will offset the wetland impacts. In Section 5.7 of the report the Corps states that Eagle Island is fringed by marsh/wetlands suited to brackish water. Phragnrites australis predominates, while cat tails (Typho latifolia, T. cingustifolia, and T. clondhr ensis) are interspersed with Spar•tina altel•nii lora and patens, Typho latifolia, Seh pus spp, Junaus roermerianus and various other species of reeds, rushes, and sedges. The DEA goes on to state that areas dominated by Phragmites are of lower duality and provide less habitat for native species; however they are stili useful ror flood protection, erosion control and improving water quality. The waters surrounding Eagle Island are designated Primary Nursery Area (PNA). The wetlands on Eagle Island play an important part in the aquatic ecosystem making this a PNA. Although the large amount of Phragniites iu the wetland areas does reduce the habitat value to terrestrial species it does provide some habitat and thus appropriate mitigation should be provided. To mitigate for the 39 acres of wetland impacts the Corps has proposed purchasing 3.04 acres of coastal marsh credits from the Wilson Bay (Sturgeon City) Phase I bank. The Service does not believe the proposed mitigation will offset tate impacts of the prgject. The Wilson Bay bank is not in the same hydrologic unit as Eagle Island so any benefits provided by that bank will not be provided to the Cape Fear or Brunswick Rivers. Furthermore the proposed acreage is well below a 1:1 ratio which would lead to a net loss of wetland acreage not just the functions and values. The Service is very concerned about the precedence this may set for mitigation of wetland impacts for other publ is or private projects. The Corps should mitigate for these impacts at a ratio of at least 1:1. If mitigation credits are to be purchased, tl►c hank should be in the saime HUC. You may wish to contact the Eagles Island Coalition to see if their efforts could be furthered in a way that also mitigates for project impacts. Their Conservation Management Plan can be viewed at http://eaglesisland.orgjeaklesisiaitciconservatioit. df In March 2016, Dial Cordy and Associates, Inc prepared a "Prospective Resiliency Project List for the Cape Fear River Basin" for the National Fish and Wildlife Foundation. This document identifies habitat restoration projects in the Cape Fear Basin including some in close proximity to Eagle Island. Consulting the C-281 Page document and Dial Cordy may provide potential projects which may be undertaken for mitigation. During the scoping meetings for this project, the Corps mentioned seeking to offset the impacts utilizing its dredge spoil islands in the lower Cape Fear. Tire Service encourages you to revisit those investigations. Lastly, the Corps could investigate a longterm Phragmites control on the remaining wetlands as that may be acceptable to the resource agencies. In summary, the Service believes that there are marry options available to the Corps to offset the 39 acres of wetland impacts within the HUC. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally Iisted species or their critical habitat as defined by tile ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if. (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to review and provide comments on the proposed action. We look forward to continuing to work with the Corps to develop appropriate mitigation for the wetland impacts of this important project. Should you have any questions regarding the project, please contact John Ellis at (919) 856-4520, extension 26. Sincerel e Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh C-291 Page From: To: Cc: Subject: Date: Emily, Burdette, Jennifer a Huahes. Emily B CIV USARMY CESAW (US) Higgins, Karen; Cobum, Chad [EXTERNAL] RE: Eagle Island Revised Mitigation Proposal Monday, November 14, 2016 3:49:21 PM As we discussed via telephone today, the Division believes that the revised mitigation proposal complies with the mitigation requirement of the 401 water quality certification. Please provide a statement of availability from the mitigation provider to restart the certification process. Thanks, Jennifer Jennifer Burdette 401 /Buffer Coordinator Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality 919 807 6364 office jennifer.burdette@ncdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg - Room 942F) Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Hughes, Emily B SAW[mailto:Emi1,�ughes&usace.army.mill Sent: Thursday, October 27, 2016 8:22 AM To: Burdette, Jennifer a <Jennifer.Burdette@ncdenr.gov> Cc: Higgins, Karen <karen.higgins@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Eagle Island Revised Mitigation Proposal Jennifer, Please see attached letter requesting approval for the revised mitigation proposal to offset impacts associated with the Eagle Island toe berm construction. Deadline for your response is November 10, 2016. I will also be soon providing you with an updated Pre -construction Notification Form to reflect these changes and the additional information requested from the State on our Draft EA. If you have any questions please let me know. Thanks, Emily C-301 Page From: Ken Riley - NOAA Federal To: Hushes, Emily B CIV USARMY CESAW (US) Cc: Burdette. Jennifer a: Pete BeniaminClfws.aov: Pace Wilber - NOAA Federal: Cobum, Chad: Ellis. John Subject: [EXTERNAL] Re: Eagle Island Dike Raise Revised Mitigation Plan Date: Monday, November 14, 2016 8:57:56 AM Dear Emily, The N vWS has no objection to the compensatory mitigation proposed for the Eagle Island Improvements Dike Raise to 50 Feet. Please let us know if you have questions or comments. Sincerely, -Ken Riley Kenneth Riley, Ph.D. Habitat Conservation Division National Marine Fisheries Service Southeast Region 101 Pivers Island Road, Beaufort, NC 28516 Office: 252-728-8750 <tel:252-728-8750> I Cell: 252-864-6193 <tel:252-864-6193> I Email: ken.riley@noaa.gov <mailto: ken. rileyjct)noaa. gov> On Thu, Nov 10, 2016 at 4:45 PM, Hughes, Emily B CIV USARMY CESAW (US) <Emily.B.Hughes@usace.army.mil <ma i lto: Em i ly. B.Hugh es v usace. army. m il> > wrote: Good Day All, Just a reminder that we are soliciting a response from everybody on this. I meant to send out the reminder yesterday, as today is the deadline. Since tomorrow is a holiday, we will not be here, so if I find your response in my inbox Monday morning it will be accepted. If not, I'll assume you are in favor of the revised plan.:) Thank you and have a good weekend! Emily Environmental Resources Section, Wilmington District US Army Corps of Engineers 69 Darlington Ave. Wilmington, NC 28403 (910) 251-4635 <tel: %28910%29%20251-4635> Emily.b.hughes@usace.army.mil <mailto:Emily.b.hughesnusace.army.mil> C-31 I Page From: Holloman. Daniel To: Gatwood, Elden SAW; Hughes, Emily B SAW Cc: Militscher, Chris; Bowers, Todd Subject: [EXTERNAL] Eagle Island Improvement Dike Project Date: Tuesday, November 08, 2016 11:58:15 AM Mr. Gatwood, EPA appreciates the response provided by Wilmington District (letter dated October 26, 2016) regarding the proposed mitigation for the Eagle Island Improvement Dike project. We appreciate the District conducting an additional site assessment to verify wetland quality and the additional proposed wetland credits which will be purchased from a mitigation bank located within watershed. EPA staff from our Water Protection Division has also reviewed this revised mitigation proposal and concurs with the District's new conclusions. If you have any additional questions, please give me a call. Thanks, Dan Dan Holliman USEPA Region 4 I NEPA Program Office 61 Forsyth Street SW I Atlanta, GA 30303 tel 404.562.9531 1 holliman.daniel@epa.gov Region 4 NEPA: Blookedhttp://www.epa.gov/reglon4/opm/nepa/'Mdex.html <Blockedhttp://www.epa.gov/region4/opm/nepaVindex.html> C-32IPage From: Ellis. John To: Huahes. Emily B CIV USARMY CESAW (US) Cc: Burdette. Jennifer a; Pete BeniaminOfvws.aov; Pace Wilber - NOAA Federal: Coburn, Chad; Ken Riley - NOAA Federal Subject: [EXTERNAL] Re: Eagle Island Dike Raise Revised Mitigation Plan Date: Monday, November 14, 2016 7:36:00 AM The Service is ok with the revised plan. John On Thu, Nov 10, 2016 at 4:45 PM, Hughes, Emily B CIV USARMY CESAW (US) <Emily.B.Hughes@usace.army.mil<mailto:Emilv.B.Hughesnusace.army, mil> > wrote: Good Day All, Just a reminder that we are soliciting a response from everybody on this. I meant to send out the reminder yesterday, as today is the deadline. Since tomorrow is a holiday, we will not be here, so if I find your response in my inbox Monday morning it will be accepted. If not, I'll assume you are in favor of the revised plan.:) Thank you and have a good weekend! Emily Environmental Resources Section, Wilmington District US Army Corps of Engineers 69 Darlington Ave. Wilmington, NC 28403 (910) 251-4635 Emily.b.hughes@usace.army.mil <mailto:Emily.b."hes usace.army.mil> C-331 Page APPENDIX D CORPS RESPONSES TO DRAFT EA COMMENTS D-1 I Page Item # Comment Source Comment Response 1 Eagle Island Coalition, August 29, 2016 "more can be done to offset and mitigate the damage to 39 acres of tidal Concur, the original mitigation plan has been discarded. After reevaluating, toe berm impacts resulted in 35.5 acres of tidal Letter, Rob Moul, Chair freshwater wetlands." freshwater wetlands, of which 2.85 acres are considered Primary Nursery Area (PNA). The remainder is coastal marsh dominated by Phragmrtes astralrs. The Corps is proposing to mitigate for the 35.5 acres by purchasing credits from the Lower Cape Fear Umbrella Mitigation Bank (Sneeden Tract). The Sneeden Tract is within the project's Hydrologic Unit Code, located directly adjacent to the Cape Fear River, 5 miles upstream of Eagle Island. This site has tidal freshwater marsh (both restoration and preservation) incorporated into its credits; as such, it is considered in-kind to the toe berm wetland impacts on Eagle Island. For this reason we are proposing to mitigate for impacts at a ratio of 1:1 (purchase of 35.5 mitigation credits) and strongly believe this would result in no net loss of wetlands (REFERENCE APPENDIX E, MITIGATION PLAN). 2 Eagle Island Coalition, August 29, 2016 Request that we "continue the rotational use of the 3 dikes in such a way that The intention is to continue disposal rotation in the cells every two years with one cell being disposed into, one cell drying, and Letter, Rob Moul, Chair continues the availability and supply of the varied bird habitats... Also desired one cell being used for borrow. The management of the cells from a navigation process will take precedence over rotation of the that "Chinese tallow, a known exotic invasive tree, be controlled within and cells on a set schedule. The Corps maintains vegetation on the existing dikes as part of a separate contract, vegetation is mowed along the dike edges... " frequently to allow for regular safety inspections of the dikes. Control of non-native invasive vegetation is not included in the budget of the project and future mowing contracts will not include areas beyond the toe of the toe berm. 3 Eagle Island Coalition, August 29, 2016 Suggest that the Corps "plant bald cypress trees along the outer edge of To avoid any threats to the structural integrity of the toe berm and dike, no trees may be planted on or near the berm or dike Letter, Rob Moul, Chair [proposed] toe berm." structure, therefore planting of bald cyprus trees on the outer edge of the toe would not be allowed. Although the berms/dikes on Eagle Island do not act as flood control structures, they are designed to encapture millions of gallons of water that slowly discharge to the river through spillways once material has settled out. Woody stems and root systems can compromise the reliability of the structure and threaten overall water quality of the river. To avoid this, requirements for vegetation -free zones (with the exception of grasses) surrounding the berms/dikes exist. Reference: EM 1110-2-301 Guidelines for Landscape and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtement Structures. 4 EPA Region IV, August 30, 2016 Email, "EPA recommends coordination with the State of NC to ensure compliance The project has been coordinated with the NC Division of Water Resources. A 401 Water Quality Certification will be received Daniel Holliman, NEPA Program Office with WQS during construction activities." prior to start of construction. All conditions of the certification will be met. See response below (to comment #5) for information regarding sedimentation and erosion control. 5 EPA Region IV, August 30, 2016 Email, "The construction [BMPs] plan should include implementable measures to Approved erosion and sediment control measures will be included in the specifications and shown on the project drawings. The Daniel Holliman, NEPA Program Office prevent erosion and sediment runoff from the project." Contractor shall comply with all plan requirements, and is reminded that he is responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's construction activities. Non erosion and sediment control structures shall be constructed in waters or wetlands without prior approval from the Contracting Officer or his/her designated representative. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as indicated on the drawings or as directed by the Contracting Officer or his/her designated representative. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Any temporary measures shall be removed after the area has been stabilized. 6 EPA Region IV, August 30, 2016 Email, All projects that disturb an acre or more of land require permit coverage and See response above (to comment 95). Daniel Holliman, NEPA Program Office an S&EC plan, see info on NC stormwater permit NCG01... 7 EPA Region IV, August 30, 2016 Email, "EPA is concerned that the proposed mitigation for impacts to wetlands is not See response to comment #1. NC WAM forms have been inlcuded as part of Appendix E. By email dated 8 Nov 2016, EPA Daniel Holliman, NEPA Program Office adequate; unclear how it is consistent with the 2008 Mitigation Rile; request concurred with the revised mitigation plan. the Corps provide copies of the NC Wetland Assessment Method forms...for both the impact site and the mitigation site." 8 EPA Region IV, August 30, 2016 Email, '... language regarding cost of the alternatives is very vague and non- Noted. Estimated costs for transporting dredged material from the Anchorage Basin to the ODMDS are approximately $11.90 per Daniel Holliman, NEPA Program Office informative; costs should be more clearly described in this section." cubic yard (unescalated). Estimated costs for transporting dredged material from the Anchorage Basin to Eagle Island are (Alternatives Considered But Eliminated) approximately $3.25 per cubic yard. This information has been added to Section 4.1 of the Final EA. D-2 I Page Item # Comment Source Comment Response 9 Cape Fear River Watch, Letter emailed "There is no geo-technical appendix providing details for the proposed dike No formal Geotechnical Appendix was prepared for the EA, although a design documentation report with a geotechnical section August 31, 2016, Kemp Burdette raise." was prepared as part of the design and review process. A detailed geotechnical design of the dike was performed that shows that a toe berm is required for the dike raise to elevation 50 NAVD88 to meet USACE engineering stability guidance. The toe berm width was reduced as much as possible while still meeting stability requirements. Adequate information (i.e. cross-section figure showing toe berm and step-ins) was included in the main text. 10 Cape Fear River Watch, Letter emailed "The cost analysis for [disposal to the ODMDS] should be included in the EA." Noted. Estimated costs for transporting dredged material from the Anchorage Basin to the ODMDS are approximately $11.90 per August 31, 2016, Kemp Burdette cubic yard (unescalated). Estimated costs for transporting dredged material from the Anchorage Basin to Eagle Island are approximately $3.25 per cubic yard. This information has been added to Section 4.1 of the Final EA. 11 Cape Fear River Watch, Letter emailed "Figs 5&6 should have a legend... " A legend has been added to Figures 5 and 6. Au ust 31 2016 Kemp Burdette 12 Cape Fear River Watch, Letter emailed "The EA states Phrag is of lower quality and has less habitat for native Ozbay et al, Journal of Ecosystems & Ecography, 2014. Land Use Impacts: The Effects of Non-Native Grasses on Marsh and August 31, 2016, Kemp Burdette species; however, no reference is provided for that conclusion." Aquatic Ecosystems. Able et al, Estuaries (vol 6, no 1), 2003. Impact of Common Reed, Phragmites australis, on Essential Fish Habitat: Influence on Reproduction, Embryological Development, and Larval Abundance of Mummichog (Fundulus heteroclitus). Weinstein et al, Estuaries (vol 22, no 3B), 1999. Does the Common Reed, Phragmites Australis, Affect Essential Fish Habitat? See Appendix E, Revised Mitigation Plan 13 Cape Fear River Watch, Letter emailed how was 3.04 acres of mitigation needs determined?" See response to comment #1. August 31, 2016, Kemp Burdette 14 Cape Fear River Watch, Letter emailed Mitigation should be performed or credits received in the Cape Fear River Concur. See response to comment #1. August 31, 2016, Kemp Burdette Watershed. 15 Cape Fear River Watch, Letter emailed Suggestions for mitigation alternatives include: "setting aside cells 4&5 for Other mitigation alternatives were ruled out based on cost and possible future need. See response to comment #1. August 31, 2016, Kemp Burdette conservation; improving L&D 1; restore Alligator Creek. 16 Division of Coastal Management, August 31 "Clarify wether the project would result in any Coastal Wetland impacts, and if A vegetation map showing impacts to the toe berm areas is included in the Final EA as Figure 7 (verified during a site visit with letter, Daniel Govoni, Policy Analyst it would, that it quantify the area of Coastal Wetlands to be impacted by the NCDCM 9/16/2016). The map also identifies the Mean High Water Line (2ft elevation contour). project. Additionally, the location of mean (or normal) high water line should be identified, and any proposed impacts to Public Trust Areas or Estuarine Waters alsoquantified." 17 Division of Coastal Management, August 31 Recommend submittal of a federal consistency determination. A Federal Consistency Determination was completed and submitted to Doug Huggett on 29 July 2016. NCDCM Consistency letter, Daniel Govoni, Policy Analyst Concurrence was received February 24, 2017. 18 Department of Natural and Cultural "We believe the Draft EA adequately addresses our concerns for historic Noted. Resources, August 29 letter, Renee Gledhill- resources." Early,SHPO 19 U.S. Fish and Wildlife Service, August 30 "The Service does not believe the proposed mitigation will offset the wetland Concur. See response to comment #1. letter, John Ellis impacts... areas dominated by Phragmites are ... still useful for flood protection, erosion control and improving water quality. The waters surrounding Eagle Island are designated PNA. The wetlands play an important part in the aquatic ecosystem making this a PNA. Although the amount of Phrag in the wetland areas does reduce the habitat value to terrestrial species it does provide some habitat and thus appropriate mitigation should be proy ded." 20 U.S. Fish and Wildlife Service, August 30 "The Wilson Bay bank is not in the same HUC as Eagle Island so any benefits Concur. See response to comment #1. letter, John Ellis provided by the bank would not be provided to the CFR... the bank should be in the same HUC." 21 U.S. Fish and Wildlife Service, August 30 '... the proposed acreage is well below 1:1 which would lead to a net loss of Concur. See response to comment #1. letter, John Ellis wetland acreage, not just the function and values. The Service is very concerned about the precedence this may set for mitigation of wetland impacts for other public and private projects." 22 U.S. Fish and Wildlife Service, August 30 "During the scoping meetings for the project, the Corps mentioned seeking to The Corps has eliminated the option to utilize alternate disposal areas (CDFs) in the Cape Fear River because the cost to create letter, John Ellis offset the impacts utilizing its dredge spoil islands in the lower Cape Fear. The the capacity needed would not be practicable, and the environmental impacts would be just as much or greater than the 50ft Dike Service encourages you to revisit those investigations. Lastly, the Corps could Raise. Long term Phragmites control is not being considered due to need for additional time and funding to manage and monitor investigate a long term Phrag control on the remianing wetlands as that may this activity (see response to comment #1). be acceptable to the resource agencies." D-31 Page Item # Comment Source Comment Response 23 NOAA National Marine Fisheries Service. Recommends ''the mitigation include projects identified for Eagle Island (e.g. Concur. See response to comment #1. September 6, 2016 Letter, Pace Wilbur, for Eagle Island Conservation Management Plan 2015-2025) or purchase of the Southeast Regional Office mitigation bank credits within the Cape Fear watershed... The amount of mitigation should yield a no net loss of coastal wetland function" 24 NOAA National Marine Fisheries Service. "NMFS believes the proposed project would eliminate some nursery habitats Concur. The construction of toe berms would impact approximately 2.85 acres of tidal area waterward of MHW surrounding Eagle September 6, 2016 Letter, Pace Wilbur, for used by diadromous fishes... including American eel, American shad, Atlantic Island, the majority being adjacent to the Brunswick River. Impacts will be mitigated for through purchase of mitigation bank the Southeast Regional Office sturgeon, blueback herring, shortnose sturgeon, and striped bass." credits (see response to comment 91). To avoid impacts to fisheries within the PNA areas during construction, every effort will be made to construct the toe berms within the environmental window of April 1 - July 31. If construction within these areas cannot be limited to this timeframe, coordination with environmental agencies will occur prior to impacts. 25 NOAA National Marine Fisheries Service. "NMFS believes the draft EA minimally addresses EFH and HAPCs and the Additional information was added to Section 5.41 Nekton and Section 5.5 Fisheries and Essential Fish Habitat. Table 1 "Essential September 6, 2016 Letter, Pace Wilbur, for topic receives no focused discussion. Substantial review of these Fish Habitat Species in the Eagle Island Improvements Project Area" lists, by life stages, fish and crustacean species which may the Southeast Regional Office considerations should be included in the final EA. The EFH and HAPC occur in the vacinity of Wilmington Harbor. Table 3 lists Federally listed endangered and threatened species potentially impacted characterizations should include a summary of designations for each federally by the project; and Section 5.9 discusses the known occurence of listed sturgeon and habitats they utilize during their life stages, managed species in the project area, including habitats required during each and a determination of effect. life stage (including egg, larval, postlarval, juvenile, and adult stages) and time of year of occurrence." 26 NOAA National Marine Fisheries Service. "Phrag-dominated marsh provides many ecological services and functions as Noted. Evidence of this is not yet found in published research. Literature from 2014 states that "increased levels of biomass September 6, 2016 Letter, Pace Wilbur, for a nursery area for larval and juvenile finfish, crustaceans, and mollluscs, and [Phragmites] result in an altered soil chemistry, a shift in the availability of primary production, and elevated marsh surface, the Southeast Regional Office as a habitat for adult fishes... Phrag-dominated marsh can provide many of the smoothed topography (i.e. the loss of rivulets), restricted flow to the marsh interior, an increase in shade and litter cover, and same ecological functions as salt marshes, including flood protection, erosion lowered or altered pathways for nutrient availability, especially nitrogen, for marsh nekton" (Ozbay, 2014). Regardless, mitigation control, water quality, and detrital exchange, and have similar levels of nekton to offset impacts has been revised (see response to comment #1). abundance, biomass and diversity." 27 NOAA National Marine Fisheries Service. Section 1.1 should include reference to the Draft Integrated Feasibilty Report The subject reference was added to Section 1.1. September 6, 2016 Letter, Pace Wilbur, for and Environmental Assessment, Wilmington Harbor Navigation the Southeast Regional Office Improvements, dated June 2014. 28 NOAA National Marine Fisheries Service. Section 5.5, Table 2 incorrectly states that no HAPCs are located in the Corrections have been made to Table 2. September 6, 2016 Letter, Pace Wilbur, for vicinity of Wilmington Harbor. the Southeast Regional Office 29 NOAA National Marine Fisheries Service. Section 5.7 and Section 5.18.4 should demonstrate quantitatively that the 39- Section 5.7 was revised to state "considered to be'' of lower quality and makes reference to the Revised Mitigation Plan. "Low September 6, 2016 Letter, Pace Wilbur, for 42 acres of Phrag-dominated coastal marsh is low quality. Section 5.16 should quality" was removed from the description of toe berm impacts in Section 5.18.4. the Southeast Regional Office substantiate that Phrag-dominated coastal marsh provides little habitat and food source for nativespecies. 30 NOAA National Marine Fisheries Service. SAW should employ BMPs to prevent discharge of pollutants and to control BMPs to avoid turbidity will be exercised by the Contractor (and enforced by USACE) during construction. September 6, 2016 Letter, Pace Wilbur, for turbidity throughout construction. the Southeast Regional Office 31 NOAA National Marine Fisheries Service. SAW should use vegetation to stabilize the toe berm and prevent its erosion. Only grasses are considered safe vegetation to plant on berms/dikes (see comment response to #3 above), therefore potted September 6, 2016 Letter, Pace Wilbur, for vegetation will not be planted. Dikes and toe berms will be layered with erosion control matting and seeded with a native seed mix the Southeast Regional Office for stabilization. 32 NOAA National Marine Fisheries Service. ....The mitigation plan should identify the specific wetland functions and Noted. See response to comment W. Purchase of 35.5 credits of riverine/tidal freshwater marsh will occur prior to start of September 6, 2016 Letter, Pace Wilbur, for values the compensatory mitigation is intended to restore or replace. construction. the Southeast Regional Office Compensation for interim losses of ecological functions and values should be included if the compensatory mitigation project requires several years to complete.'' 33 NC Division of Coastal Management DCM is processing this project through their federal consistency program. Noted. The Federal Consistency Determination was revised and submitted to DCM July 29, 2016. NCDCM Consistency (Heather Coats), Submitted through NC Concurrence was received February 24, 2017. Review Clearinghouse 34 NC Division of Environmental Assistance and Several of our agencies have identified permits that may be required. Noted. All required permits/approvals will be obtained prior to start of work. Customer Service (Lyn Hardison), Submitted through NC Review Clearinghouse DAIPage Item # Comment Source Comment Response 35 INC Division of Coastal Management (Gregg Recommend USACE investigate the potential for coastal wetland planting Noted. See response to comments #3 and #24. The environmental window for PNAs has been adjusted to April 1 - July 31. This Bodnar), Submitted through INC Review along the toe of slope and other areas where practical. The draft EA identifies has been approved by the NMFS in an email dated 11/22/2016. Clearinghouse an in-water work environmental window (1 Oct - 31 Jan) and is sufficient and recommended. 36 INC Department of Environmental Quality - "The demolition, construction, operation, maintenance, and remediation No hazardous material will be generated during the proposed construction of the toe berm and dike raise. The contractor will be Waste Management, Hazardous Waste activities conducted will most likely generate a soild waste, and a required to provide a solid waste disposal plan identifying methods and locations for solid waste disposal. The contractor will also Section (Bill Hunneke), Submitted through determination must be made whether it is a hazardous waste... The proposed be required to provide evidence of the disposal facility's acceptance of the solid waste. Revised language has been inlcuded in INC Review Clearinghouse project site does not currently have an existing EPA Identification number for Section 5.13. the generation of hazardous waste." 37 INC Division of Waste Management, Federal "Eight sites were identified within one mile of the project as shown on the Based on experience working at Eagle Island for the past several decades, no contaminated soil or groundwater is expected to Remediation Branch (Doug Rumford), attached map and in the table below. The Superfund Section recommends be encountered at Eagle Island. Construction will be limited to Eagle Island and will result in fill beyond the footprint of the current Submitted through NC Review that site files be reviewed to ensure the appropriate precautions are dikes. No excavation in surrounding lands will occur. Also, material used to construct the toe berm will be obtained from the Clearinghouse incorporated into any construction activities that encounter potentially interior of the existing dike. That material has been tested for contaminants in accordance with EPA ocean disposal criteria and is contaminated soil or groundwater.'' suitable for ocean disposal (no contaminants present). 38 INC Waste Management, Solid Waste "See no adverse impact on the surrounding community... The Section strongly The contractor will be required to provide a solid waste disposal plan identifying methods and locations for solid waste disposal. Section (Drew Hammonds), Submitted recommends that the owner require all contractors to provide proof of proper The contractor will also be required to provide evidence of the disposal facility's acceptance of the solid waste. through NC Review Clearinghouse disposal for all waste generated." 39 NCDENR Wilmington Regional Office An erosion and sedimentation control plan will be required if one or more Prior to construction, an erosion and sedimentation control plan will be prepared and submitted for review and approval along with (WIRO), Submitted through NC Review acres is to be disturbed. Plan filed with proper Land Quality Section at least 30 an application fee based on the acreage to be disturbed to the NC Division of Energy, Mineral, and Land Resources Land Quality Clearinghouse days prior to construction. A fee of $65 for the first acres or any part of an Section. acre. 40 NCDENR Wilmington Regional Office Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. Noted. An exemption from stormwater management permit regulations will be requested from the INC Division of Energy, (WIRO), Submitted through NC Review Mineral, and Land Resources since the proposed construction activity is not expected to be subject to stormwater requirements Clearinghouse as provided for in 15A NCAC 2H.1000. 41 NCDENR Wilmington Regional Office This project will require an Individual Permit Certification under Section 401. Noted. A 401 application has been submitted to NCDEQ. A 401 water quality certification will be obtained prior to start of work. (WIRO), Submitted through NC Review All conditions of the 401 will be met. Clearin house 42 NCDENR Wilmington Regional Office Be advised that there are water lines located under the river in the area to be Construction of the toe berm and dike raises will not involve dredging, however, the USACE is aware of the location of water lines (WIRO), Submitted through INC Review dredged that are owned by CFPUA -- DWR-PWS below the CFR. Clearinghouse 43 NCDENR Wilmington Regional Office New construction and earthwork will require Division of Energy, Mineral and Prior to construction an erosion and sedimentation control plan will be prepared and submitted for review and approval to the INC (WIRO), Submitted through NC Review Land Resources (DEMLR) permits. Division of Energy, Mineral, and Land Resources Land Quality Section. An exemption from stormwater management permit Clearinghouse regulations will be requested from the NC Division of Energy, Mineral, and Land Resources since the proposed construction activity is not expected to be subject to stormwater requirements as provided for in 15A NCAC 2H.1000. 44 INC State Historic Preservation Office, No comment. Noted. Submitted through NC Review Clearinghouse 45 INC Department of Transportation (Natasha Project is located near a facility that is going to be widened. To avoid any Concur. Email conversation with several NCDOT representatives resulted with no concerns, and concluded with an email Earle-Young), Submitted through NC Review potential conflicts to TIP Project R-3601, please coordinate with the Division message from Ron Van Cleef, NCDOT Division Bridge Maintenance Engineer on February 9, 2017 stating no foreseeable Clearinghouse Planning Engineer in Hwy Div 3. impacts with the project. 46 INC Department of Public Safety - Emergency EO 11988 requires an eight-step review process that agencies should carry Noted. Text has been added to Section 5.18.3 to better address the 8-step review process. Mangement (John Brubaker), Submitted out as part of their decision-making on projects that have potential impacts to through NC Review Clearinghouse or within the floodplain... It is noted that several of these actions have already taken place with the preparation of the Description of Proposed Action. D-5IPage APPENDIX E REVISED MITIGATION PLAN AND SUPPLEMENTAL DOCUMENTS E-1 I Page Eagle Island Improvements Revised Mitigation Plan The Draft Environmental Assessment (EA) for the Eagle Island Improvements, Dike Raise to 50ft project was released for 30 -day public review on July 28, 2016. The majority of comments received from the resource agencies and interest groups were related to the project's mitigation proposal. The overall consensus was that the proposed purchase of 3.04 acres of coastal wetland credits would not sufficiently mitigate for the toe berm impacts within the tidal freshwater marsh surrounding Eagle Island. Based on a detailed vegetation analysis completed in 2015, jurisdictional impacts have been decreased from 39 acres to 35.5 acres. The vegetation mapping effort conducted in 2015 categorized the areas within the toe berm impacts into five classes: "Native", "Majority Phrag" "Mix - Native/Phrag", "Tree/Shrub", and "Water" (Figure 1). As shown on the attached figure, the majority of impacts are to Phragmites-dominated wetlands (34.79 ac). Areas identified in green as tree/shrub were ground-truthed and determined to be uplands (non -jurisdictional). Native, mixed and open water impacts were combined to equal 0.66 ac., and together, jurisdictional impacts total 35.5 acres. A site visit with the NC Division of Coastal Management (DCM) on September 16, 2016 confirmed the mapping. Two open water areas were identified as being isolated and of little or no importance to fisheries habitat. The Mean High Water (MHW) line (2 -feet elevation contour) was added to Figure 1 to identify impact areas affected by daily tides during normal water levels (2.85 acres total). Comments on the Draft EA from federal and state agencies regarding the quality of wetlands in the impact area requested additional information to support the basis for considering Phragmites australis of "low" quality. Consequently, the North Carolina Wetland Assessment Method (NC WAM) was conducted in two locations where toe berm impacts would occur: Site 1 on the north end of Cell 3, and Site 2 on the southwest side of Cell 1, adjacent to the Brunswick River (Figure 2). A third location adjacent to the Cape Fear River was identified; however, dense Phragmites prevented access to natural ground, which is required to accurately apply the NC WAM. The NC WAM assesses wetlands by their identified wetland type and applies 22 metrics that rate the quality of the site's Hydrology, Water Quality, and Habitat. Field Assessment Forms and Wetland Rating Sheets have been included as Figure 3, attached. Observations at Site 1 conclude that the assessment area is saturated; however, it is not subject to tidal influence. Dense stands of Phragmites approximately 10-12 feet tall crowd out other native vegetation. Results from NC WAM based on Hydrology, Water Quality, and Habitat were achieved and the overall rating for Site 1 is "MEDIUM". Observations at Site 2 conclude that the area is saturated; however, it is undetermined if infrequent flooding from tides occurs. Again, the Phragmites made it difficult to observe beyond 4-5 feet within the assessment area, and lower areas closer to the river could not be accessed. Despite the monoculture of Phragmites, the overall result from NC WAM based on Hydrology, Water Quality, and Habitat is "HIGH" (Hydrology and Water Quality rate "HIGH", whereas Habitat rates "LOW"). Research on Phragmites australis revealed that Phragmites could have an impact on hydrology as well, and negatively affect fisheries habitat. According to Ozbay (2014), E-21 age "increased levels of biomass result in an altered soil chemistry, a shift in the availability of primary production, and elevated marsh surface, smoothed topography (i.e. the loss of rivulets), restricted flow to the marsh interior, an increase in shade and litter cover, and lowered or altered pathways for nutrient availability, especially nitrogen, for marsh nekton." Weinstein (1999) noted that Phragmites "influences hydrology and hydroperiod through its effects on drainage density, and other geomorphic features", "demonstrated generally greater tidal attenuation", and results in "reduction in biodiversity of macrophytes with concomitant reduction in animal diversity." In a 2000 study, Able and Hagan found "that the larvae and small juveniles use the Spartina-dominated marsh surface frequently and in large numbers, while they are seldom found in Phragmites-dominated marshes." The USACE is proposing to mitigate for the 35.5 acres of toe berm impacts by purchasing credits from the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), Sneeden Tract. The Sneeden Tract is within the project's Hydrologic Unit Code (HUC), located directly adjacent to the Cape Fear River, 5 miles upstream of Eagle Island (Figure 4). This site has tidal freshwater marsh incorporated into its credits; as such, it is considered in-kind to the toe berm wetland impacts on Eagle Island. For this reason and reasons stated above, the USACE plans to mitigate for impacts at a ratio of 1:1 (purchase of 35.5 mitigation credits from the Sneeden Tract) and strongly believes this mitigation would result in a no net loss of wetlands. Mitigation will be paid in -full prior to impacting jurisdictional areas. The revised mitigation plan was proposed to the resource agencies in a letter dated October 26, 2016. Based on responses received, agencies agree with the USACE plan to purchase 35.5 credits from the LCFUMB. An acceptance letter from the Bank is attached (Figure 5). References: Ozbay et al, Journal of Ecosystems & Ecography, 2014. Land Use Impacts: The Effects of Non -Native Grasses on Marsh and Aquatic Ecosystems. Able et al, Estuaries (vol 6, no 1), 2003. Impact of Common Reed, Phragmites australis, on Essential Fish Habitat: Influence on Reproduction, Embryological Development, and Larval Abundance of Mummichog (Fundulus heteroclitus). Weinstein et al, Estuaries (vol 22, no 3B), 1999. Does the Common Reed, Phragmites australis, Affect Essential Fish Habitat? E-31 Page fir.. - � ��..,�• n �:- ep- 40 r NMI•' I _ -.��"� .` a .. � l y;taw •y �.��� `!�i . `d 7. � { � �� � r P�I •� � s �.cr _A � �}. +• 'i � r �.`=�.`.'•'7.�, fir• �? �� Legend r , • R,. ■ ■ ■ r� Bare soilldike •.• f Majority Native Majority Phrag i ♦• - TreeShrub Water i _ C ,q o00 00 © 9 floo 000 noa ','ono �• Figure 5. Footprintof the d9' Toe Berms for Cells 2 & 3 Appendix E, Figure 2a: Map of NCWAM Locations (Cells 2 & 3) E-51 Page 112 1 P a g E Figure 5. Footprint of the 50' 'foe Be�far Cell t Appendix E, Figure 2b: Map of NCWAM Locations (Cell 1) E-61 Pays NC WAM FIELD ASSESSMENT FORM r Accompanies User Manual Version 4.1 ,. ..}J_ WT ❑A A r e_ C. „� ._ Date Wetland Site Name -Ad, ❑B ❑B WetlandTy� tit`( ,Uc.�,�l S S e...� �1J sU[' _- Assessor Name/organization € _5A 'C.. ❑C Level III Ecoregi �.-. Nearest Named Water Body �, �. E'L ❑D River Basin /, e.iF -. c- r_- � USGS 8 -Digit Catalogue Unit 03 6SL- ,u-1 3b. ❑A ❑ Yes to No Precipitation within 48 hrs? Latitude/Longitude (dect-degrees} 7 - 74 ❑B Evidence of stressors affecting the assessment area (may not be within the assessment area) v' '� ❑C Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges Into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes V' No Regulatory Considerations (select all that apply to the assessment area) ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWQ riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, 4RW, or Trout ❑ Designated NCNHP reference community Y�P, 1 ❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed streamh �- t l What type of natural stream is associated with the wetland, if any? (check all that apply)`� ` .'•+. +�' JX"' Blackwater 1 Brownwater Q� ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both ..tit\ •. ,.r Is the assossmont area on a coastal island? ❑ Yes �\- No iLJ Is the assessment area's surface water storage capacity or duration substantially altered by beaver? �❑ Yes No Does the assessment area experience overbank flooding during normal rainfall conditions? C7 Yes 5� No 1. Ground Surface ConditionNegotation Condition—assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS ®A ❑A Not severely altered [18 X(B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, reduced diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration —assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. Refer to the current MRCS lateral effect of ditching guidance for North Carolina hydric soils (see USACE Wilmington District website) for the zono of influence of ditches in hydric soils. A ditch s 1 foot deep is considered to affect surface water only, while a ditch a 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. l Surf Sub A ,RIA Water storage capacity and duration are not altered. ❑B LJ13 Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration is substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, (illing, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief —assessment areafwetland type condition metric (evaluate for non -marsh wetlands only) Check a box in each column for each group below. Select for the assessment area (AA) and the wetland type (WT). AA 3a. ❑A WT ❑A Majority of wetland with depressions able to pond water > 1 foot deep�1 ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep `fes ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot Appendix E, Figure 3: NCWAM Forms ix E-71 age 4. Soil TexturelStructure -- assessment area condition metric Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature, Make soil observations within the top 12 inches. Use most recent guidance for National Technical Committee for Hydric Soils regional indicators. 4a. ❑A Sandy soil �B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosoi or histic epipedon 4b. A Soil ribbon < 1 inch B Soil ribbon ? 'I inch 4c. No peat or muck presence B A peat or muck presence 5. Discharge into Wetland — assessment area opportunity metric Check a box in each column, Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic lank, underground storage tank (UST), etc. Surf Sub AA tittle or no evidence of pollutants or discharges entering the assessment area BB Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeabie evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use -- opportunity metric Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). W5 5M 2M QA QA DA > 10% impervious surfaces 0 ❑B ❑B < 10% impervious surfaces ❑C ❑C ❑C Confined animal operations (or other local, concentrated source of pollutants) ❑D ❑D ❑D 20% coverage of pasture ❑E ❑E ❑E z 20% coverage of agricultural land (regularly plowed land) ❑F ❑F ❑F >_ 20% coverage of maintained grass/herb ❑G ❑G ❑G 20% coverage of clear-cut land ❑H ❑H ❑H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment arealwetland complex condition metric 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes VJNo If Yes, continue to 7b. if No, skip to Metric B. Wetland buffer need only be present on one side of the open water. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? ❑A ' 50 feet F1 From 30 to < 50 feel ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet } ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channelslbraids for a total width. ❑s 15 -feel wide ❑> 15 -feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributarylopen water? ❑Yes LINO 7e. is the tributary or other open water sheltered or exposed? El Sheltered —open water width < 2500 feet and no regular boat traffic. ❑ Exposed — open water width �: 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area —wetland typelwetiand complex condition metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (VITT) and the wetland complex at the assessment area (WC). See User Manual for VVT and WC boundaries. WT WC XA ZJA 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to <80 feet ❑D ❑D From 40 to < 50 feet ❑ E M From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet E-81 Page 9. Inundation Duration -assessment area condition metric Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) 8 Evidence of saturation, without evidence of inundation C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition - assessment area condition metric Cgnsider recent deposition only (no plant growth since deposition). MA Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size -wetland typelwetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select °K" for the FW column. WT WC FW (if applicable) A ❑A 2 500 acres B $ ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑ I- ❑E ❑E From 10 to < 25 acres OF OF OF From 5 to < 10 acres ❑G ❑G (]G From 1 to < 5 acres ❑ H ❑H ❑H From 0.5 to < 1 acre El ❑I R From 0.1 to <0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness - wetland type condition metric (evaluate for Pocosin only) ❑A Pocosin is the full extent (2 9i0%) of its natural landscape size. ❑B Pocosin is < 90% of the full extent of its natural landscape size. ` 13. Connectivity to Other Natural Areas -- landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with fluid adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water a 300 feet wide. Well Loosely ❑A ❑A z 500 acres :(B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres El OF Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. 9Yes ❑No Wetland type has a surface hydrology connection to open waters/tributary or tidal wetlands. 14. Edge Effect --wetland type condition metric (skip for all marshes) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include N_ non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider !, the eight main points of the compass. ❑A No artificial edge within 150 feet in all directions ❑B No artificial edge within 150 feet in four (4) to seven (7) directions ❑C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area, ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species 5 characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant In at least one stratum. 16. Vegetative Diversity - assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics), U13 Vegetation diversity is low or has > 10% to 50% cover of exotics. '& Vegetation is dominated by exotic species (> 50% cover of exotics). xi E-9IPage 17. Vegetative Structure —assessment area/wetland type condition metric 17a. Is vegetation present? Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip tol7c for non -marsh wetlands, NA ? 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT MA ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes o❑B ❑B Canopy present, but opened more than natural gaps `ry1( M C ❑C Canopy sparse or absent 7 28 UA ❑A Dense mid-storylsapling layer 19❑13 ❑B Moderate density mid-story/sapling layer 00C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 0 ❑B Moderate density shrub layer W❑C ❑C Shrub layer sparse or absent ❑A ❑A Dense herb layer m❑B ❑B Moderate density herb layer =❑C ❑C Herb layer sparse or absent 18. Snags —wetland type condition metric ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). 'NIB NotA 19. Diameter Class Distribution --wetland type condition metric ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. RC Majority of canopy trees are < 6 inches DBH or no trees. 20, Largo Woody Debris — wetland type condition metric Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). 5i8 Not A 21. VogotationlOpen Water Dispersion --wetland typelopen water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C fiJD 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channolization, diyersion, man-made berms, beaver dams, and stream incision. ,7SA Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered In the. assessment area. Notes A! E-10IPage NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Site 1 Date 919116 Wetland Type Non -Tidal Freshwater Marsh Assessor Name/Organization Hughes/USACE Notes on Field Assessment Farm (YIN) NO Presence of regulatory considerations (YIN) YFS Weiland is intensively managed (YIN) NO Assessment area is located within 50 feet of a natural tributary or other open water (YIN) NO Assessment area is substantially altered by beaver (YIN) NO Assessment area experiences overbank flooding during normal rainfall conditions (YIN) YES Assessment area is on a coastal island (YIN) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA Sub -Surface Storage and Retention Condition NA _ Water Quality Pathogen Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y1N) NA Particulate Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Pollution Change Condition NA ConditionlOpportunity NA Opportunity Presence? (Y1N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition HIGH Vegetation Composition Condition LOW Function Rating Summary Function Metrics/Notes Rating Hydrology Condition MEDIUM Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (YIN) NO Habitat Condition LOW Overall Wetland Rating MEDIUM E-11 I Page NC WAM FIELD ASSESSMENT FORM Accompanies laser Manual Version 4.1 Wetland Site Name'.ti..Q._ _. `- `, ' E date Wetland T e ❑A ❑B ❑C ❑D Assessor NamelOrganization-p t - Level III Ecoregion Evidence that maximum depth of inundation is greater than 2 feet Nearest Named Water Body ll L< <� r Kill River Basin ar Ukw, 17" " USGS 8 -Digit Catalogue Unit _ ❑ Yes W No Precipitation within 48 hrs? Latltude/Longitude (deci-degrees) Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitatlplant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ❑ No Regulatory Considerations (select all that apply to the assessment area) Anadromous fish Federally protected species or State endangered or threatened species ❑ NCDWQ riparian buffer rule in effect ❑' Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property M' N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout Designated NCNHP reference community Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream What type of natural stream is associated with the wetland, if any? (check all that apply)"' Blackwater L' ❑ Brownwater Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind y Both c Is the assessment area on a coastal island? ❑ Yes ❑ No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ❑ No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ❑ No 1. Ground Surface ConditionlVegetation Condition — assessment area condition metric Check a box In each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS V5 A A Not severely altered B B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, reduced diversity (if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration -- assessment area condition metric Check a box in each column, Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for North Carolina hydric soils (see USAGE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch < 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub-surrace water, Consider tidal flooding regime, if applicable. Surf Sub �A 1AA Wafer storage capacity and duration are not altered. ❑6 IIB Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration is substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief —assessment arealwotland type condition metric (evaluate for non -marsh wetlands only) Check a box in each column for each group below. Select for the assessment area (AA) and the wetland type (WT). AA WT 3a.❑A ( ❑B ❑C ❑D ❑A ❑B ❑C ❑D Majority of wetland with depressions able to pond water a 1 foot deep Majority of wetland with depressions able to pond water 6 inches to 1 foot deep Majority of wetland with depressions able to pond water 3 to 6 inches deep Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than t foot ix E-121 Page 2 4. Soil Texture/Structure — assessment area condition metric Check a box from each of the three soil property groups below. Dig soil proffle in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent guidance for National Technical Committee for Hydric Soils regional indicator 4a. rp Sandy soil B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. D<A Soil ribbon < 1 inch ❑B Soil ribbon ,-� 1 Inch 4c.A No peat or muck presence i3 A peat or muck presence 5. Discharge into Wetland -- assessment area opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf S b �A 'A Little or no evidence of pollutants or discharges entering the assessment area B B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) B. Land Use — opportunity metric Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS511 2M }' A �A > 14% impervious surfaces ❑B ❑B < 10% impervious surfaces ❑C ❑C ❑C Confined animal operations (or other local, concentrated source of pollutants) ❑D ❑D ❑D ? 20% coverage of pasture ❑E ❑E ❑E >_ 20% coverage of agricultural land (regularly plowed land) ❑F ❑F ❑F 20% coverage of maintained grasslherb ❑G ❑G ❑G 7 20% coverage of clear-cut land ❑H ❑H ❑H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations that prevent drainage or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment arealwetiand complex condition metric 7a. Is assessm nt area within 50 feet of a tributary or other open water? ❑YesNo If Yes, continue to 7b. If No, skip to Metric 8. Wetland bu er need only be present on one side of the open water. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank Is wetland? ❑A >: 50 feet ❑13 From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑:� 15 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributarylopen water? ❑Yes ❑No 7e. Is the tributary or other open water sheltered or exposed? ❑Sheltered — open water width < 2500 feet and no regular boat traffic. [I Exposed — open water width ? 2500 feet or regular boat traffic, 8. Wetland Width at the Assessment Area— wetland typelwetland complex condition metric (evaluate for riparian wetlands only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WC A A ? 100 feet ❑ B B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H <5feet E-131 Page 9. Inundation Duration —assessment area condition metric Apswer for assessment area dominant landform. ,gyp Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation F1 Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric Consider recent deposition only (no plant growth since deposition). }KA Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K' for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A z 500 acres ]$B ]�B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑F ❑E ❑E From 10 to <25 acres LIF ❑F ❑ F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre 01 01 ❑I From 0.1 to <0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 11 3a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the Welland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A ? 500 acres ❑B XB From 100 to 1500 acres ❑C ❑C From 50 to < 100 acres ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open watersltributary or tidal wetlands. 14. Edge Effect—wetland type condition metric (skip for all marshes) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas a 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider `rf the eight main points of the compass. } ❑A No artificial edge within 150 feet in all directions Q No artificial edge within 150 feet in four (4) to seven (7) directions ❑C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. + ❑8 Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or r clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). n8Vegetation diversity is low or has > 10% to 50% cover of exotics. C Vegetation is dominated by exotic species (> 50% cover of exotics). A E-141 Page 17. Vegetative Structure —assessment arealwetland type condition metric 172. Is vegetation present? 'Yes ❑No If Yes, continue to 17b. If No, skip to Metric 1$. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to17c for non -marsh wetlands. j C i 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT 'LOA ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes c❑B ❑B Canopy present, but opened more than natural gaps t c)❑C ❑C Canopy sparse or absent 2"UA ❑A Dense mid-storylsapling layer O❑B EIB Moderate density mid-storylsapling layer VVV �❑C FIC Mid-story/sapling layer sparse or absent 9[]A ❑A Dense shrub layer n❑B ❑B Moderate density shrub layer 60❑C ❑C Shrub layer sparse or absent ❑A ❑A Dense herb layer ❑B ❑B Moderate density herb layer T[jC ❑C Herb layer sparse or absent 18. Snags --wetland type condition metric ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). WB Not A 19. Diameter Class Distribution --wetland type condition metric ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. RA C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris -- wetland type condition metric Inciude both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). IAB Not A 21. VegetationlOpen Water Dispersion —wetland typelopen water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C D 11,'� � T � 1 '� it f r s S'y• ft'�y_]�: -.. ., � �� � t r' 'L 22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, iyersion, man-made berms, beaver dams, and stream incision. A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Natejl � h �41 Ay r � L . _.2 1i` lE !E IE' �� : u �� _`� �{ +'✓.�Lt. l C-4 v r� k xv - = E-151 Page Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Site 2 Tidal Freshwater Marsh Date 919!16 Assessor Name/Organization Hughes/USAGE Notes on Field Assessment Form (YIN) NO Presence of regulatory considerations (YIN) YES Wetland is intensively managed (YIN) NO Assessment area is located within 50 feet of a natural tributary or other open water (YIN) NO Assessment area is substantially altered by beaver (YIN) NO Assessment area experiences overbank flooding during normal rainfall conditions (YIN) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA _ Sub -Surface Storage and Retention Condition NA Water Quality Pathogen Change Condition NA Condition/Opportunity NA Physical Change Opportunity Presence? (YIN) NA Particulate Change Condition NA Function Ratina Summa Function Condition/Opportunity NA Hydrology Opportunity Presence? (YIN) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (YIN) NA Habitat Physical Structure Condition NA Landscape Patch Structure Condition NA Vegetation Composition Condition NA Function Ratina Summa Function Metrics/Notes Rating Hydrology Condition HIGH Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (YIN) YES ]habitat Condition LOW � Overall Wetland Rating HIGH E-161 Page LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY March 3, 2017 (update of reservation letter dated November 16, 2016) TO: Emily Hughes FROM: Lower Cape Fear Umbrella Mitigation Bank USAGE — Wilmington District c/o Land Management Group, Inc. Environmental Resources Section 3805 Wrightsville Avenue, Suite 15 69 Darlington Ave. Wilmington, NC 28403 Wilmington, NC 28403 Project: Eagle Island Dike Raise Project (Brunswick County, NC) Dear Ms. Hughes: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply riverine wetland credits for proposed impacts associated with the Corps of Engineer's Eagle Island Dike Raise Project in Brunswick County, NC. This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type I Credits Reserved Stream Non -Riparian Wetland E LD Riparian (Riverine) Wetland 1 35.5 Fee Per Unit $390-00 $51,370.00 $71,273.00 Total Fee Fee $O.QO $2,530,191.50 $2,538,191.50 Based upon receipt of your credit request transmitted by email on November 14, 2015 and your recent request to extend the reservation, LCFUMB will reserve 35.5 riparian {riverine} wetland credits until December 31, 2017. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $2,530,191.50. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@Imgroup.net. Sincerely, Land Management Group, Inc. (agent for LCFU MB) C:vit lysq by Cbrktw Christian ME- ftm-Ch tG, '", wWnd M.ieyciini! 4i wu.liri., vµ Preziosi Christian Preziosi�I AiA� Section Manager Appendix E, Figure 5: LCFUMB Signed Acceptance/Reservation Letter E-18IPage APPENDIX F N.C. DIVISION OF COASTAL MANAGEMENT CONSISTENCY CONCURRENCE F-1IPage Coastat Mati ageni ent E.N' iHONMEMAL QUAU]Y February 24, 2017 Ms. Jennifer L. Owens Chief, Environmental Resources Section Wilmington District, US Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403-1343 ROY COOPER Go Vet of MICHAEL S. RECAN BRAXTON C. DAVIS Dimchill SUBJECT: CD17-0010 Consistency Concurrence concerning the proposed construction of dike raises on Eagle Island, Cape Fear River, New Hanover and Brunswick Counties, North Carolina (DCM#20170010) Dear Ms. Owens: We received your revised consistency submission on January 27, 2017, concerning the proposed construction of dike raises on Eagle Island, Cape Fear River, New Hanover and Brunswick Counties, North Carolina. North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters. DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code and concurs that the proposed Federal activity by State o€North Carolina 1 Environmental Quality 1 Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City. NC 28557 252 8082808 F-2IPage the U.S. Army Corps of Engineers is consistent, to the maximum extent practicable, with North Carolina's certified coastal management program. Prior to the initiation of the activities described, the applicant should obtain any required State approvals or authorizations. In accordance with commitments made by USACE, and in order to protect anadromous finfish resources, no construction of the toe berms below MHW is authorized between April 1 -July 31 of any year without coordination with DCM. Additionally, in order to compensate for the impacts associated with the proposed project, mitigation shall be provided in accordance with the plan outlined in the submitted revised consistency determination. Should the proposed action be modified, a revised consistency determination could be necessary. This might take the form of either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not previously considered by the proposed development, a supplemental consistency certification may be required. If you have any questions, please contact me at 252-808-2808 x215. Thank you for your consideration of the North Carolina Coastal Management Program. Sincere i 'C � � G vim-✓ aniel ovoru Policy Analyst State of North Carolina I Environmental Quality { Coastal Management Morehead City Office f 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 F-3IPage