20160804 Ver 1_DCMConsistency24Feb2017_20170224

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Coastal Mat? agenaent
ENVIRONMENTAL QJA.RY
February 24,2017
Ms. Jennifer L. Owens
Chief, Environmental Resources Section
Wilmington District, US Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
ROY COOPER
Goveror
MICHAEL S. REGAN
BRAXTON C. DAVIS
Directar
'SUBJECT: CD17-0010 Consistency Concurrence concerning the proposed construction
of dike raises on Eagle Island, Cape Fear River, New Hanover and
Brunswick Counties, North Carolina (DCM#20170010)
Dear Ms. Owens:
We received your revised consistency submission on January 27, 2017, concerning the
proposed construction of dike raises on Eagle Island, Cape Fear River, New Hanover
and Brunswick Counties, North Carolina.
North Carolina's coastal zone management program consists of, but is not limited to,
the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title
15A of North Carolina's Administrative Code, and the land use plan of the County
and/or local municipality in which the proposed project is located. It is the objective of
the Division of Coastal Management (DCM) to manage the State's coastal resources to
ensure that proposed Federal activities would be compatible with safeguarding and
perpetuating the biological, social, economic, and aesthetic values of the State's coastal
waters.
DCM has reviewed the submitted information pursuant to the management objectives
and enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the
North Carolina Administrative Code and concurs that the proposed Federal activity by
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 8082808

the U.S. Army Corps of Engineers is consistent, to the maximum extent practicable,
with North Carolina's certified coastal management program.
Prior to the initiation of the activities described, the applicant should obtain any required
State approvals or authorizations. In accordance with commitments made by USACE,
and in order to protect anadromous finfish resources, no construction of the toe berms
below MHW is authorized between April 1-July 31 of any year without coordination with
DCM. Additionally, in order to compensate for the impacts associated with the proposed
project, mitigation shall be provided in accordance with the plan outlined in the
submitted revised consistency determination. Should the proposed action be modified, a
revised consistency determination could be necessary. This might take the form of either
a supplemental consistency determination pursuant to 15 CFR 930.46, or a new
consistency determination pursuant to 15 CFR 930.36. Likewise, if further project
assessments reveal environmental effects not previously considered by the proposed
development, a supplemental consistency certification may be required. If you have any
questions, please contact me at 252-808-2808 x215. Thank you for your consideration of
the North Carolina Coastal Management Program.
Sincere
� �l frhi
an ovoru
Policy Analyst
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808