19961054 Ver 2_Public Notice Comments_20110705 (59)

"T R United States Department of the Interior
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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
4RCH 3 Raleigh, North Carolina 27636-3726
June 21, 2011
Mr. Dave Timpy
Wilmington District
U.S. Army Corps of Engineers
69 Darlington Drive
Wilmington, NC 28402
Re: Bennett Brothers Yachts, Inc. Corps Action ID No. SAW-2009-01242
Cape Fear Marina, New Hanover County, North Carolina
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JUN 2 4 2011
REG. WILM. F,LD. OFC.
Dear Mr. Timpy:
The U.S. Fish and Wildlife Service (Service) has reviewed the information in the Public Notice concerning
the proposed dredging of the Cape Fear Marina on the Northeast Cape Fear River near Wilmington in New
Hanover County, North Carolina. These comments are submitted in accordance with provisions of the
Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); section 7 (a)(2) of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543); and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.).
The Wilmington District, Corps of Engineers (Corps) has received a permit application from Bennett
Brothers Yachts, Inc. (applicant) seeking to perform dredging within the Cape Fear Marina located
immediately north of the Isabella Holmes Bridge, adjacent to the Northeast Cape Fear River, near
Wilmington, North Carolina. The proposed project is located on a 13 acre tract of land located on the
Northeast Cape Fear River. Ground elevations of the site range from 6 feet to 35 feet above Mean Sea
Level (MSL). According to the New Hanover County Soil Survey, the site contains Urban soils (Ur),
indicating disturbance from development that has altered the soil properties to the extent that a soil series
cannot be recognized. Vegetation on the site is dominated by mixed hardwoods consisting of loblolly pine
(Pinus taeda), wax myrtle (Myrica pennsylvanica), and red maple (Ater rubrum). The river's edge is
vegetated by coastal wetlands dominated by smooth cordgrass (Spartina altern flora) and big cordgrass
(Spartina cynosorides) and sparsely vegetated with common cattail (Typha latifolia) and sawgrass
(Cladium jamaicense). Section 404 wetlands are located mostly landward of the adjacent coastal wetlands.
The project site has approximately 1,910 linear feet of shoreline frontage along the Northeast Cape Fear
River. The river is approximately 700 feet wide at the site.
According to the Public Notice, water depths within the existing marina range from 0.0 feet normal water
level (NWL) along the landward side of the existing floating docks to approximately -25.0 feet NWL along
the waterward side of the floating finger piers. The tides are semi-diurnal with a range of 4.7 feet.
Maximum tidal current speeds are typically at -1.5 knots and wind driven currents up to 3.5 knots. The
site is adjacent to the federally maintained navigation channel in the Northeast Cape Fear River. The
authorized channel dimensions are 32 feet NWL in depth and 400 feet in width. The outer docks of the
marina, closest to the federal channel, are located approximately 112 feet from the federal navigation
channel.
The site is used by Bennett Brothers, Inc. for boat repair and maintenance and includes an existing marina
clubhouse, office building, mechanical building, and shed. The marina facilities include a travel lift with
piers and floating docks. The docks were constructed in 1997. According to the applicant, the new docks
had a depth of -4.0 feet NWL at the time of construction. The existing marina facility accommodates
approximately 80 boat slips, and the average vessel length docked at the marina is approximately 42 feet,
with 112 feet being the largest vessel presently berthed. The tract also contains retaining walls located
along a vegetated hillside and remnant building foundations. According to the applicant, the main docks
of the marina are no longer free floating at low tide, and the stated purpose of the proposed project is to
restore water depths along the main dock to the approximate original water depths that existed when the
docks were constructed.
On April 6, 2009, the applicant's original CAMA Major Permit application proposed to remove
approximately 6,500 cubic yards (cy) from 2.0 acres or 87,000 square feet (sf) of shallow bottom habitat
and to deepen the existing marina from -6.0 NWI, at the landward side of the main docks, with the depth
of excavation gradually increasing to -12 ft NWL at the outer edge of the authorized dredge limits. On
July 13, 2010, the Coastal Resources Commission (CRC) granted a second variance to excavate
approximately 4,417 cy from 2.0 acres (87,000 sf) of shallow bottom habitat within the existing marina
and to deepen the waters to -4.5 ft NWL at the landward side of the main docks, with the depth of
excavation gradually increasing to -12 ft NWL at the outer edge of the authorized dredge limits. The
currently proposed project includes excavation of 3,942 cy of material from 1.85 acres (80,586 sf) of
shallow bottom habitat to deepen the existing marina from -4.5 NWL at the landward side of the main
docks, with the depth of excavation gradually increasing to -11 ft NWL at the outer edge of the authorized
dredge limits. The applicant's DA permit application includes a mitigation proposal that includes placing
24 tons of rip-rap at the north end of the site to prevent shoaling of the marina, and along the eroded
shoreline of U-dock, to reduce sedimentation in the marina, and to plant native marsh grasses in the area
landward of the southern docks. This planting includes 2000 native plants placed over two consecutive
years during May through June of each year.
The waters of the Cape Fear River are classified as SC by the NC Division of Water Quality (DWQ) and
Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. The lower Cape Fear River also
provides juvenile rearing habitat for a variety of commercially and recreationally important marine and
anadromous fisheries. Anadromous species migrate inland from the sea to spawn and rear young, with
many species utilizing the lower Cape Fear River as rearing habitat for juveniles. Anadromous fish species
of concern to the Service include striped bass (Morone saxatillis), American shad (Alosa sapidissima),
hickory shad (Alosa mediocris), alewife (Alosa pseudopharangus), blueback herring (Alosa aestivalis), the
Atlantic sturgeon (Acipenser oxyrhinchus), and the federally endangered shortnose sturgeon (Acipenser
hrevirortrum). Additionally, the catadromous American eel (Anguilla rostrata) occurs in the project area
and migrates from the sea as juveniles to mature in fresh waters, and is a federal species of concern for the
Service. The lower Cape Fear River is also part of a larger focus area comprising the entire Cape Fear
River Basin. The Service and others are pursuing environmental enhancements in the basin, including
improved water quality, fish passage and restoration, and is a collaborative effort with resource agencies,
NGO's, and others through an initiative known as the Cape Fear Arch (CFA).
The Service recommends the Corps deny this project due to concerns with the proposed dredging in a
designated Primary Nursery Area. The proposed action would cause temporary but significant increases in
turbidity and the permanent loss of essential PNAs and conversion of shallow water habitats essential to
aquatic life in the area. The proposed dredging and subsequent increased turbidity in the PNA would also
cause irritation in the gills and possibly death of juvenile fishes using the PNA.
These shallow water (0 to 5 feet) PNAs serve as vital habitat for both juvenile anadromous species as well
as commercially and recreationally valuable marine fisheries. The PNA habitat provides both refugia and
important feeding areas for these fishery resources, and impacts to these essential habitats must be avoided
to the maximum extent possible. Also, wading birds and migratory waterfowl use these shallow water
habitats for feeding. The federally protected West Indian manatee is also known from shallow areas in
southern coastal areas. The Public Notice is deficient in several respects. No mitigation is proposed to
offset the loss of PNA habitat. The proposed rip-rap would further negatively impact the PNA and should
be regarded as fill and not mitigation. The planting of vegetation along the shoreline is not comparable to
the permanent loss of ecologically important PNAs. As part of the section 404(b)(1) guidelines,
demonstrated minimization, avoidance, and an alternatives analyses is necessary for the resource agencies
to effectively evaluate the project. Other potential solutions to the proposed dredging, such as the
extension of the existing piers waterward of the PNA, may be one potential solution.
Again, the Service recommends the Corps deny this project, as proposed, due to the potential negative
impacts to the North East Cape Fear ecosystem. We appreciate the opportunity to provide comments on
the proposed project. If you have any questions or require additional information, please contact staff
biologist Mr. Mark D. Bowers at [phone], ext. 19, or at the above address.
Sine ly
7C9/
Pet Benjamin,
Field Supervisor
cc: NCWRC
NMFS
USEPA