20140008 Ver 1_Other Agency Comments_20140212

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'; UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
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Southeast Regional Office
263 13`h Avenue South
St. Petersburg, Florida 33701 -5505
(727) 824 -5317; FAX [phone]
http://sero.nmfs.noaa.gov/
February 5, 2014 F /SER4: FR/pw
(Sent via electronic mail)
Colonel Steven A. Baker, Commander
US Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403 -1398
Attention: Ronnie Smith
Dear Colonel Baker:
NOAA's National Marine Fisheries Service (NMFS) reviewed Public Notice Action ID No. SAW -2014-
00098 dated January 14, 2014. Ted and Jewell Ivy propose to replace a boat lift with a single pole jet ski
lift and construct a second pier and platform with two boatlifts in Bogue Sound at 1803 Highway 24
between Hibbs Road and Jesses Way, in Newport, Carteret County. The Wilmington District's initial
determination is the proposed project may adversely impact essential fish habitat (EFH) or associated
fisheries managed by the South Atlantic Fishery Management Council ( SAFMC), Mid - Atlantic Fishery
Management Council ( MAFMC), or NMFS; the District indicates their determination is based on the
construction of the pier will result in the shading of 2,270 square feet of shallow - bottom Submerged
Aquatic Vegetation (SAV) habitat. As the nation's federal trustee for the conservation and management
of marine, estuarine, and diadromous fishery resources, the following comments and recommendations
are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -
Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Description of the Proposed Project
The applicants propose to remove a four pole boatlift on the existing pier and replace it with a single pole
jet -ski lift as well as construct a boardwalk and second longer pier on the western portion of the property.
The existing pier is shorter (2 10 feet) but due to the shallow water depths and SAV habitat, the applicants
propose to construct an 454 feet pier, platform, and slips which would span a smaller amount of SAV
habitat and get to deeper water depths.
Impacts to Essential Fish Habitat
The project would shade and incorporate 2,270 square feet of shallow - bottom SAV habitat, shade 96
square feet and incorporate 494 square feet of open water, shade 100 square feet of high marsh, and 75
square feet of low marsh. SAFMC identifies salt marsh, shallow sub -tidal bottom, and SAV in estuarine
waters as EFH for brown shrimp, pink shrimp, and white shrimp. SAFMC also identifies SAV as a
habitat area of particular concern (HAPC) for shrimp, gag, and gray snapper. 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. SAFMC identifies these areas as EFH because fish and
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shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates
when located in these habitats. Detailed information on the EFH requirements of species managed by
SAFMC is provided in a comprehensive amendment to the fishery management plans and in Fishery
Ecosystem Plan of the South Atlantic Region'. The MAFMC designates tidal creeks and the estuarine
waters as EFH for summer flounder and bluefish. Detailed information about the EFH requirements of
species managed by MAFMC are included in separate amendments to individual fishery management
plans. Other species of commercial or recreational importance found in the project area include red drum,
Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, blue crab, and eastern
oyster. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king
mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g., billfishes
and sharks). The waters at site of the proposed pier are not designated as a Primary Nursery Area (PNA);
however, this area provides nursery services. The high value of the waters at the site of the posed pier is
supported by the water classification, which is SA -HQW, which is intended to protect waters rated
excellent based on biological, physical, and chemical characteristics through NC Division of Water
Resources monitoring or special studies
NMFS finds the project, as proposed, does not reflect all practicable avoidance and minimization of
impacts to EFH. Shading of SAV habitat should be reduced by decreasing the width of the walkway to 4
feet and having the elevation of the walkway at +5 feet Normal High Water or higher. These dimensions
are supported by a U.S. Army Corps of Engineers study in Florida that NMFS believes is applicable to
the Jewell's proposa12. Other beset management practices for the pier would be spacing the pilings at
least 10 feet apart; driving the pilings into the sediment rather than jetting; and require the deck boards to
have a spacing of at least one -half of an inch.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson- Stevens Act requires NMFS to provide EFH conservation
recommendations when an activity is expected to adversely impact EFH. Based on this requirement,
NMFS provides the following:
EFH Conservation Recommendations
The width of the pier shall be reduced to 4 feet and the elevation of the pier shall be at least +5 feet
Normal High Water.
The pilings supporting the walkway shall be at least 10 feet apart and driven into the sediment rather
than jetting.
The spacing of the deckboards shall be at least one -half of an inch.
Section 305(b)(4)(B) of the Magnuson- Stevens Act and its implementing regulations at 50 CFR
600.920(k) requires your office to provide a written response to our EFH recommendations within 30
days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with
our "findings" with your Regulatory Functions Branch, an interim response should be provided to NMFS.
A detailed response must then be provided prior to final approval of the action. Your detailed response
must include a description of measures proposed by your agency to avoid, mitigate, or offset the adverse
impacts of the activity. If your response is inconsistent with our EFH conservation recommendations,
you must provide a substantive discussion justifying the reasons for not following the recommendation.
The detailed response should be received by NMFS at least ten days prior to final approval of the action.
' Available at www.safmc.net/ecosystem/ Home /EcosystemHome/tabid /435 /Default.aspx
2 Shafer, D., J. Karazsia, L. Carrubba, and C. Martin. 2008. Evaluation of Regulatory Guidelines to Minimize Impacts
to Seagrasses from Single- family Residential Dock Structures in Florida and Puerto Rico. U.S. Army Engineer
Research and Development Center, Vicksburg MS, ERDC /EL TR- 08 -41. 46 pages
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Thank you for the opportunity to provide these comments. Related questions or comments should be
directed to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516 -9722 or at (252) 838 -0828.
cc:
COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDENR, [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F /SER4, [e-mail]
F /SER47, Fritz [e-mail]
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/ for
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division