20180260 Ver 1_USACE Additional Conditions_20200507

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 5, 2020
Regulatory Division
Action ID No. SAW-2017-02514
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department
of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of the City of Jacksonville to construct Phase II of the New River Oyster
Highway project by construction of six additional oyster/fish reefs in waters of Farnell Bay and Morgan
Bay, in the New River. The NRE is in the White Oak River Basin, the projects are located at the
following locations: Reef #7 centered at 34' 41'51" N, 77' 22'27" W, Reef #8 centered at34' 37'52"
N, 77' 20'49" W, Reef #9 centered at 34' 37' 12" N, 77' 23'06" W, Reef #10 centered at 34' 37'25" N,
77' 22'33" W, Reef #11 centered at 34' 40'48" N, 77' 24'01" W, Reef #12 centered at 34' 43'08" N,
770 25'51" W.
The Oyster Highway Project — Phase II New River proposes to construct six new oyster/fish reef
complexes. Each reef site would be 98'X230' (22,540ft2) in area. On each reef area would be placed 720
oyster castle units and 900 oyster catcher patties. The configuration of these structures is depicted on a
diagram in the application packet. The structures would extend 16" off the substrate into the water
column. Each boundary area would be marked with 4"X4" wooden posts which would extend 6' above
NWL. The posts would have reflective bands on all surfaces. Singe would be attached to posts
identifying the oyster areas.
The Federal agencies have completed review of the proposal as presented by the application and
your field investigation report. We recommend that the following conditions be included in the
modification to the State authorization:

-2-
The applicant proposes to implement the North Carolina Division of Marine Fisheries Special Permit
Conditions for USACE General Permits 194 and 291 (as applicable), for all proposed six oyster reef
sites, and additional measures listed below:
If a listed species is seen within 100 yards of the active daily construction operation or vessel
movement, all appropriate precautions shall be implemented to ensure its protection. These
precautions shall include cessation of operation of any moving equipment closer than 50 feet of
a listed species. Operation of any mechanical construction equipment shall cease immediately
if a listed species is seen within a 50-ft radius of the equipment. Activities may not resume
until the protected species has departed the project area of its own volition.
2. Reef structures shall be sited and installed according to the historically permitted site
clearances relative to MLW.
3. Reef structures shall not be placed on natural hard -bottom habitat.
4. Materials should be of sufficient size and relative density to not move from the reef site post -
deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and
toxic residues, loose free floating material or other deleterious substances.
5. The use of explosives to deploy materials is not authorized.
6. Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in
reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may
accumulate on artificial reefs:
a. Materials used for artificial reef building shall conform to the recommendations in the
National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef
Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions
2004). Except that derelict automobiles shall not be used and derelict vessels and
military surplus shall have openings on all exposed sides adequate to prevent
entrapment of ESA -listed species. Openings will be sufficient of sufficient size and
quantity to allow for several points of egress for sea turtle species that may enter the
structure. Any open -bottomed structure must have an opening in the top that is equal to
the bottom opening or 3-ft in diameter (whichever is lesser) to allow listed species to
escape.
b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will
be removed to reduce the potential accumulation of abandoned fishing tackle and lines.

-3-
Clean steel, concrete bridge or large building demolition materials such as slabs or
pilings may be used provided that all steel reinforcement rods are cut at the base of the
concrete so no rebar or metal is protruding.
7. Underwater reef cleanup will be performed by NCDMF divers during annual reef site monitoring
events. Cleaning reefs in low visibility/high current dive conditions may present diver safety
issues with the potential of divers being entangled or snagged. Staff will make every reasonable
attempt to clean reef materials of debris during regularly scheduled assessments, without
compromising the safety of the crew and divers. The applicant will send confirmation of cleanup
to NMFS's Southeast Regional Office(36TUtakereport.nmfsserknoaa.govU36T), including
dates of cleanup efforts and results of the clean- up.
8. The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions
in order to further reduce interaction risk, and require all construction workers watch for
sturgeon and sea turtles. Operation of any mechanical construction equipment will cease
immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will
not resume until the protected species has departed the project area of its own volition.
9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at 36Thttp://www.fws. og v/nc_
es/mammal/manatee_ guidelines.pdf3 6T.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory
Division, telephone [phone] or email at [e-mail].
Sincerely,
Digitally signed by
HAIR.SARAKE HAI R.SARAH.EA.1 054693
A (� fiA 5 512
1'Y� fir4PrbJc'CTt02p020.05005
Wilmington Regulatory Pleb &?'ice
Electronic copy furnished:

In
Mr. Paul Wojoski
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Division
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
Mr. Robb Mairs
Division of Water Resources
Mr. Gregg Bodnar
North Carolina Division of Coastal Management