20171606 Ver 2_USACE Essential Fish Habitat Assessment_20201130

Strickland, Bev
From: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Sent: Monday, November 30, 2020 5:30 PM
To: Morrison, Stephen
Cc: Ben Stephenson; Anderson, John Huske Jr.; Greg Finch; Mickey Sugg; Wojoski, Paul A;
Mairs, Robb L
Subject: [External] RE: [Non-DoD Source] Shinn Creek Estates HOA Essential Fish Habitat
Assessment
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Steve,
Thank you for your response, which serves as your client's request for additional time to provide the below referenced
EFH Assessment. Please submit at your earliest convenience, but no later than January 15, 2021.
Have a good evening,
Liz
From: Morrison, Stephen <[e-mail]>
Sent: Saturday, November 28, 2020 3:39 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Cc: Ben Stephenson <[e-mail]>; Anderson, John Huske Jr. <[e-mail]>; Greg
Finch <[e-mail]>; Sugg, Mickey T CIV USARMY CESAW (USA) <[e-mail]>; Wojoski,
Paul A <[e-mail]>
Subject: Re: [Non-DoD Source] Shinn Creek Estates HOA Essential Fish Habitat Assessment
Liz,
Thanks for getting back to me. As a point of clarification, the applicant has re -applied for the 401 certification. The
original application was denied with the only reason stated being the lack of a CAMA permit, which we received a few
weeks later through a unanimous variance approval and have included in the current 401 request. We are also
responding to DWR's RAI for the current 401 request. The concerns within the RAI are related to fisheries and the EFH
Assessment with subsequent consultation between the Corps and NMFS along with our responses will provide
information relevant to those DWR concerns.
To compose the EFH we will be providing through descriptions, analysis and citations supporting any conclusion to
populate the below draft TOC headings:
CONTENTS
FIGURES
TABLES
APPENDICES
1. INTRODUCTION
2. DESCRIPTION OF PROPOSED ACTION
2.1 PROJECT LOCATION
2.2 PROJECT PURPOSE
2.3 APPLICANTS PROPOSED ACTION

2.4 ALTERNATIVES
3. AVOIDANCE AND MINIMIZATION MEASURES
4. POST -CONSTRUCTION MONITORING (IF REQUIRED)
5. ESSENTIAL FISH HABITAT DESIGNATION
5.1 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (MSA)
5.2 DESCRIPTION OF EFH CATEGORIES IN VICINITY OF PROJECT AREA
5.2.1 ESTUARINE WATER COLUMN
5.2.2 SOFT BOTTOM
5.2.3 ADDITIONAL AS NEEDED
6. MANAGED SPECIES
7. ASSESSMENT OF IMPACTS TO ESSENTIAL FISH HABITAT
7.1 ESTUARINE WATER COLUMN
7.2 SOFT BOTTOM
7.2.1 ADDITIONAL AS NEEDED
8. IMPACT SUMMARY FOR ESSENTIAL FISH HABITAT
9. REFERENCES
The proposed project is of the utmost importance to our client and we intend to be thorough in our preparation of the
assessment. Based on the amount of work to be done and the upcoming holiday season, we believe our estimated
submittal date of January 15, 2021 to be reasonable. If the assessment is finalized sooner, we will certainly get it right
out to you. Thank you for your consideration.
Steve Morrison I Environmental Consultant
Direct: 452-0001 x 1903 1 Fax: [phone] Mobile: [phone]
Email: smorrison(cD_lmgroup.net I Website: www.lmgroup.net
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
On Wed, Nov 25, 2020 at 5:17 PM Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]> wrote:
Mr. Morrison,
Thank you for the response to our letter. In evaluating the request to extend the submittal to mid -January, our office
feels this timeframe is not justifiable. It is our experience that the amount of time required to complete an Essential
Fish Habitat (EFH) Assessment is commensurate with the size and scope of the project. In this case, the subject area of
NMFS' concern (Primary Nursery Area) involves the dredging of approximately 460 square feet of shallow bottom
habitat within the area identified as the "S-Curve" or "S-Channel". Please provide your rationale in detail for the
proposed January 15, 2021 completion date of the EFH Assessment.
Our office is aware that the applicant is evaluating their option to appeal the NC DWR 401 Certification denial. Please
understand that the timeframe of that appeal process should not be the sole reasoning for the request to extend the
submittal of an EFH Assessment.

Please let me know if you have any questions.
Kind regards,
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
Work Cell: 910-512-4456
From: Morrison, Stephen <[e-mail]>
Sent: Wednesday, November 25, 2020 12:05 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>
Cc: Ben Stephenson <[e-mail]>; Anderson, John Huske Jr. <[e-mail]>;
Greg Finch <[e-mail]>
Subject: [Non-DoD Source] Shinn Creek Estates HOA Essential Fish Habitat Assessment
Liz,
As recommended in the 11/19/20 letter received from the Corps, on behalf of the Shinn Creek Estates HOA, we are
preparing an Essential Fish Habitat Assessment to be submitted to your office to initiate further consultation with

NMFS. Our estimated completion and submittal date for the Assessment document is January 15, 2021. We are also
notifying DWR of the EFH Assessment preparation since it will relate to their fisheries -based concerns. Please let me
know if you have any questions and thank you for your assistance.
Steve Morrison I Environmental Consultant
Direct: 452-0001 x 1903 1 Fax: [phone] Mobile: [phone]
Email: smorrison(vD_lmgroup.net I Website: www.lmqroup.net
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
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