20020158 Ver 3_Tab I - Essential Fish Habitat Assessment_App_A-NMFS Correspondence_20201002

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01MITE0 STATES DEPARTMENT OF COMMERCE
,00a National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
• Southeast Regional Office
263130 Avenue South
'breK� St. Petersburg, FbWe 337015W
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August 2, 2019 F/SER47:FR/pw
(Sent via Electronic Mail)
Colonel Robert J. Clark., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tvler Crumblev
Dear Colonel Clark:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW-
2019-01155 dated July 3, 2019. The Town of Sunset Beach is proposing to perform navigational
dredging of Canals A-D, the Feeder Channel, Bay Area, and an area of South Jinks Creek on the east end
of Sunset Beach with beneficial placement of sand on 1,600 linear feet of oceanfront beach in Sunset
Beach, Brunswick County. As the nation's federal trustee for the conservation and management of
marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments
pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery
Conservation and Management Act (Magnuson -Stevens Act).
The project narrative states the proposed dredging would connect the Feeder Channel and the Finger
Canals with the Bay Area via South Jinks Creek maintaining navigational corridors. The Finger Canals,
Feeder Channel, Bay Area, and South Jinks Creek were dredged previously, and the current project does
not exceed the original project footprint. The most recent maintenance dredging for the Finger Canals
occurred in 2002, and the initial dredging of the Feeder Channel, Bay Area, and South Jinks Creek
occurred in early 1970s. The applicant would use the bucket -to -barge method to remove approximately
10,700 cubic yards of material from the Finger Canals, in an area measuring 3,200 feet in length and 20
feet in width, and 22,000 cubic yards of material from the Feeder Channel, in an area measuring 3,500
feet in length and 30 to 40 feet in width. The applicant would remove an estimated 15,900 cubic yards of
material from the Bay Area. The applicant will truck material to an upland disposal site. The dredging of
South Jinks Creek will remove 40,500 cubic yards of material, which the applicant will place on the
oceanfront beach. The total volume of dredge material is 89,100 cubic yards.
The Wilmington District's initial determination is the proposed dredging may adversely affect essential
fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery management Council,
Mid -Atlantic Fishery Management Council, or the NMFS, This determination is based upon the scale of
impacts (18 acres of shallow subtidal soft bottom and 8.5 acres of intertidal beach habitat) and inclusions
of dredging and beach fill components. No SAV is present in the project area. The State of North
Carolina has not designated the project area as a Primary Nursery Area (PNA), The applicant provided an
EFH Assessment with the application, which in summary predicted only short-term impacts to EFH from
increases in turbidity, siltation, and noise during construction. According to the submitted Shellfish
Survey Report, the proposed project may affect clams present in South Jinks Creek, however the
applicant states that the existing oyster beds appear to be located outside of the dredge channels.
Conservation measures submitted by the applicant include an environmental window of November 16
g

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through April 30 for any given year for the dredging activities and beach placement. The application also
states there would be a minimum buffer of ten feet from any coastal wetlands.
The NMFS staff attended several pre -application meetings and a site visit for this project. Initially, the
Town of Sunset Beach proposed dredging all of Jinks Creek from the Atlantic Intracoastal Waterway to
the ocean. Most of Jinks Creek has never been dredged. After the site visit, the NMFS requested a
shellfish survey be conducted throughout Jinks Creek. During a meeting prior to receiving the results of
the survey, the NMFS staff requested the applicant move any oysters that would be impacted by the
dredging along with other mitigation.
Based on the shellfish survey, the applicant estimated there were approximately 50,000 oysters in Jinks
Creek at a density of 1,131 oysters per acre. It was estimated that there would be direct impacts to
approximately 13,000 oysters. Additionally, while not designated as a PNA, the NMFS and North
Carolina Division of Marine Fisheries staff believe the area functions as one. The State of North Carolina
did not designate the area as a PNA during the 1970s because the creek was a navigational route from the
Atlantic Intracoastal Waterway to the Atlantic Ocean.
During the third pre -application meeting, the NMFS staff, with support from other resource agencies,
recommended the Town eliminate the new dredging within the northern part of Jinks Creek and only
apply for areas previously impacted. This would avoid disturbing some 393,800 square feet or 9.0 acres
(including the side slopes) and removing about 100,000 cubic yards of material of undisturbed soft
bottom/subtidal EFH. The NMFS staff informed the applicant that if they proceeded with the original
application, substantial mitigation would be required.
Based on our review of the current application, the Town has accepted the NMFS recommendations to
protect the northern portion of Jinks Creek. They have also proposed Conservation Measures listed above
regarding dredging windows and a buffer around coastal wetlands. As a result, the NMFS offers no EFH
recommendations at this time under the Magnuson -Stevens Act. If conditions change, the NMFS
requests the District reinitiate EFH consultation.
Thank you for the opportunity to provide these comments. Please direct related questions or comments to
the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North
Carolina 28516-9722, or at [phone].
Sincerely,
WILBER.THOM Digitally signed by
WILBER.THWAS.PAYSON
AS. PAYSO N.1 1365820186
—0 6� 2019.08.02 14:34:53
1 for 65820186 104b0'
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail], [e-mail]
NCWRC, [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER47, [e-mail]
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