20070017 Ver 1_USFWS Comments_20070402

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
March 13, 2007 ~ _ ~..;~ ''? ' ~ ~~~ ~.
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Mr. David Timpy ~' ~
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office ~~ai~~ n ~ sr~'s°~~~'"~~F~' ~RANGH
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID #2007-21.1-016, Pinnacle East, LLC, Atlantic Beach, Carteret County, North
Carolina
Dear Mr. Timpy:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Publie Notice (PN), dated January 25, 2007. The applicant, Pinnacle East, LLC, has applied for
a Department of the Army (DA) permit to impact waters of the United States in conjunction with
developing a resident condominium complex adjacent to Bogue Sound, west of Fort Macon. '
The proposed work is being considered under Regional General Permit #198000291, a
permit/processing agreement for work that has been approved pursuant to the North Carolina
Coastal Area Management Act (CAMA). These comments are submitted in accordance with the
Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Comments related to the FWCA are to be used in your determination of compliance with
404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation
to the protection of fish and wildlife resources. Additional comments are provided regarding the
District Engineer's determination of project impacts pursuant to section 7 of the Endangered
Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1.543).
Project Site, Proposed Actions, and Anticipated Impacts
The PN contains the Field Investigation Report (FIR), dated December 11, 2006, of the North
Carolina Division of Coastal Management (NCDCM). The project site is on the north side of
Bogue Banks, a barrier island. The 1.28-acre site was formerly a mobile home park with an
existing boat basin and connecting channel to Monkey Island Channel. The shoreline along the
basin is bulkheaded and the substrate of the basin is mostly silt and sand. The area is not
designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine
Fisheries.
The FIR states that the applicant proposed to install 377 feet of bulkhead along the shoreline. An
additiona165 feet of bulkhead would be installed behind coastal marsh. The applicant proposes
maintenance dredging of the existing basin and a small part of the Money Island channel.

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Dredging would employ an excavator, either a backhoe or dragline, to remove material from the
existing basin and in Monkey Island Channel. Project plans indicate that water depths in the
dredge area range from two to four feet at mean low water. The spoil (approximately 118.5
cubic yards) would be placed on a barge and offloaded at an on-site disposal area. Docks and
finger piers would be built to create 13 boat slips.
Overall, the proposed action would impact 8,417 square feet (ft2) and 214.2 ft2 of shallow
bottoms by dredging and filling respectively. No coastal marsh would be filled or excavated.
The docking facility would incorporate 5,580 ft2 of open water of which 1,557 ftZ would be
shaded. Backfilling for bulkhead installation would fi11214 ft2 of open water.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species
known to occur in Carteret County. We have also reviewed information from the North Carolina
Natural Heritage Program (NCNHP) database which contains excellent data on the special status
species, both federal and state. This database can be accessed by topographic quadrangle (quad)
of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-
specific information on species which should be considered in permitting this project. The
project area is in the Beaufort quad. The occurrence data of special status species within this
quad can be obtained by using the database function at <
http://www.nenhp.org/Pages/heritat;edata.html >.
Our review indicates that the only federally protected species likely to occur in the project area is
the West Indian manatee (Ti~ichechus manatus), afederally-endangered mammal. The species
has been reported from Carteret County and there is a current occurrence record in the Mansfield
quad (to the west of the Beaufort quad). The shallow, estuarine waters of Bogue Sound provide
suitable habitat for manatees that move along the Atlantic Coast during summer months and are
seasonal transients in North Carolina, primarily from June through October. Manatees may
occupy waters one to two meters (3.3 -6.6 feet) deep. The species moves extensively when in
North Carolina waters and past occurrence records cannot be used to precisely determine the
likelihood that it will be presence at a particular construction site.
If pier construction occurs during the months from June through October, the Service requests
that our manatee precautions be implemented. With these precautions as a permit condition, the
Service would concur with a determination by the District Engineer that the action is not likely
to adversely affect species designated as threatened, endangered, or their designated critical
habitat. However, the requirement of section 7 would need to be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered; (2) this action is subsequently 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.

Service Concerns and Recommendations
Overall, the Service recognizes the developed nature of the general project area and the
relatively minor impacts of the proposed improvements. Based on the available information, we
do not believe that the proposed activities will have significant adverse and/or irreversible effects
on general fish and wildlife resources under our jurisdiction. Therefore, with adequate measures
to protect manatees, the Service has no objection, from the standpoint offish and wildlife
resources, to the issuance of a DA permit for the work described in the PN.
We appreciate the opportunity to comment on this permit application. If you have questions
regarding these comments or wish to discuss the development of the coordinated federal
position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at <
[e-mail] >.
Sincerely,
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~Pete Benjamin
Feld Supervisor
cc:
Ron Sechler, NMFS, Beaufort, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Ted Tyndall, NC Division of Coastal Management, Morehead City, NC