20230396 Ver 1_Other Agency Correspondence_20230610

From:
Hair, Sarah E CIV USARMY CESAW (USA)
To:
Snider, Hollev
Subject:
[External] FW: [Non-DoD Source] Re: SAW-2008-02530 CAMA MAJOR/ GP 291/ The Hamptons on White
Oak/Amphitheater Drive/ Carteret
Date:
Tuesday, June 20, 2023 11:16:08 AM
Attachments:
image001.pnng
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
See below
From: Pace Wilber - NOAA Federal <[e-mail]>
Sent: Saturday, June 10, 2023 11:44 AM
To: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Fritz Rohde - NOAA Federal <[e-mail]>; Twyla Cheatwood - NOAA Federal
<[e-mail]>
Subject: [Non-DoD Source] Re: SAW-2008-02530 CAMA MAJOR/ GP 291/ The Hamptons on White
Oak/Amphitheater Drive/ Carteret
NOAA's National Marine Fisheries Service (NMFS) reviewed the project described in GP-291 notice
SAW-2008-02530, dated May 25, 2023. Based on the information in the notice, we confirm the District's
determination that the proposed work would occur in the vicinity of essential fish habitat (EFH) designated
by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery Management Council, or the
NMFS. Present staffing levels preclude further analysis of the proposed work and no further action is
planned. This position is neither supportive of nor in opposition to authorization of the proposed work. If
further coordination on this action is needed, please let us know.
On Thu, May 25, 2023 at 12:14 PM Hair, Sarah E CIV USARMY CESAW (USA)
<Sarah.E.Hair(@usace.army.mil> wrote:
on
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal
Management (NCDCM) has forwarded to our office a copy of the CAMA permit request for the
subject project. The attached notice requests federal agency comments on this project by June
24, 2023.
The applicant proposes to construct a residential subdivision, with associated road infrastructure
and amenities to include a 29-slip open water marina, a 40-slip upland marina, and the dredging
of 2 access channels to Hampton Bay, located at 246 Amphitheater Drive, in Swansboro, Carteret
County, North Carolina.
Specifically, the applicant proposes the following impacts:
Road infrastructure:
The applicant proposes to fill approximately 6,544 square feet ( 0.15-acre) of wetlands associated

with a proposed roadway network to provide access throughout the proposed residential
subdivision known as the Hampton's on White Oak.
Compensatory mitigation- The applicant proposes to provide compensatory mitigation for the
permanent loss of wetlands through the NC Division of mitigation Services (NC DMS). Conditional
acceptance letter attached.
Open water marina.
The applicant proposes a 29-slip marina in waters of White Oak River. A 450'X8' access pier would
intersect with a 14'X32' fixed platform at the terminal end. The fixed platform would have two
6'X112.5' piers running perpendicular to the access pier, with sixteen 12'12' boatlifts. Each of
these piers would have four 3'X24' finger piers. Two additional piers are proposed waterward of
the terminal platform, with a 6' x 96.5' pier with three (3) 3' x 24' finger piers providing access to
six (6) 12' x 12' boatlifts, and a 6' x 109' pier with 4 3' x 24' finger piers giving access to (7) 12' x
12' boatlifts. The water depths in the areas of the proposed boatlifts range from -2' to -2.8' at
nlw. In addition to the proposed 29-slip marina, the applicant proposes a floating kayak launching
pad which would be attached to a 10' x 15' platform (attached to the side of the main access
pier).
Community pier:
The applicant proposes to construct a community pier and covered observation platform. This
pier would be 6' in width and extend 50' from the normal high water line. The pier would
terminate with a 16' x 16' covered platform.
Upland basin: The applicant is also proposing to construct an upland basin for 40 formalized slips
all with 12' x 12.5' boatlifts. Please see the bioreport and applicant's narrative for specific details
regarding the upland basin.
Dredging:
Access channel to upland basin -The proposed main basin entrance channel would be 60' in width
and dredged to a depth ranging from -6' nlw to connect to a section of Hampton Bay referred to
as "Raymond's Gut" and end at a depth of 4 nlw to be consistent with the dredge depth of the
basin area. The main entrance channel proposes to excavate an area of 7,209 square feet and
have a breakwater on each side of the channel that would extend 25' waterward into Raymond's
Gut as measured from the waterward edge of marsh.
Access channel to Raymond's Gut -The proposed secondary basin access channel would be 15' in
width and also range from -6' nlw to 4 nlw at the connection to Raymond's Gut and basin area,
respectively. The secondary basin access channel proses to excavate an area of 2,617 square feet
and have a breakwater on each side of the channel extending 10' waterward into Raymond's Gut
as measured from the waterward edge of marsh.
In total, the two channels would remove 1,652 ftz of existing coastal wetlands.
Maintenance Excavation -In addition to the dredging of the upland basin and connecting channels,

the applicant is also proposing to perform maintenance excavation of the area within Hampton
Bay known as Raymond's Gut. According to the bioreport, the area has previously been dredged
through CAMA permitting and would maintain similar footprints and dredge depths as previously
authorized maintenance excavation projects. The purpose of this excavation is to allow for deep
water access from the White Oak River to the area of the upland basin area. The proposed depth
of this excavation would be -6' at nlw and connect to the -6' contour at the confluence of
Hampton Bay and the White Oak River. This dredging would impact 41,219 square feet of shallow
bottom habitat.
The current depths within the proposed dredge footprint of Raymond's Gut average --3' at nlw.
In total, the proposed excavation occurring below NHW for the entire project would remove 3,471
cubic yards of muddy fines and sand from Hampton Bay into the White Oak River.
The proposed dredge method would be bucket to barge, with disposal of material onsite, located
in an area identified as: Future boat trailer parking -Amenity no. 7.
Please see the attached request, plans, bio-report dated January 12. 2023, and location map for
more detailed information concerning the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -
Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the
proposed project may affect, but is not likely to adversely affect EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service.
The application identifies waters of Gibbs Creek designated as SA-HQW by the Division of Water
Resources. Waters within this portion of Hampton Bay and the White Oak River are NOT
designated as PNA by the NC Division of Marine Fisheries, and are conditionally approved -closed
to the taking of shellfish. Water depths within the project area range from -2' to -4.0' nlw.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined that the project may affect but is not likely to adversely affect the West
Indian manatee. Manatee Guidelines may be required. At this time, the Corps has preliminarily
determined that the activity is not likely to adversely affect the NLEB (NLAA). A concurrence letter
dated May 17, 2023 is attached. The USFWS 15-day response window for the NLEB determination
ends June 1, 2023.
N H PA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places, the Corps has preliminarily determined that the proposed

project will have no effect on cultural resources and requests concurrence from the State Historic
Preservation Office.
401 Certification RPOT:
This email is concerning the attached application received by the U.S. Army Corps of Engineers
(USACE) on February 10, 2023, revised February 20, 2023, with required additional information
received April 6, 2023. The Corps Action ID Number associated with this project is: SAW-2008-
02538.
Please provide a written response within 14 days from the date of this email, regarding the North
Carolina Division of Water Resources (DWR) receipt date for this project, otherwise, we will
consider our receipt date as accurate. Also, within 14 days, please notify me if the certification
request does not contain the nine (9) components listed in Section 121.5(b) of the 2020 Clean
Water Act Section 401 Certification Rule.
As specified in the September 16, 2022, Programmatic Agreement (PA) between the USACE,
Wilmington District, and the North Carolina Department of Environmental Quality, Division of
Water Resources, the reasonable period of time (RPOT) for DWR to act on a Section 401
certification request is 120 days unless the RPOT is extended per the terms of this PA. As such,
unless we receive an email request for an extension of the RPOT, the USACE will consider the
Section 401 certification for this project to be waived on August 4, 2023.
The proposed project is not located near a federal channel.
Please provide comments at your earliest convenience or June 24, 2023.
Thank you!
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair(@usace.army.mil
Work Cell: 910-512-4456
US Army Corps; �
of Engineers
,%ilrnin Alon Dwric

Pace Wilber, Ph.D.
South Atlantic and Caribbean Branch Chief
Habitat Conservation Division
NOAA Fisheries Service
331 Ft Johnson Road
Charleston, SC 29412
843-592-3024 (NOAA Google Voice)
Pace.Wilber(@noaa.gov