20211014 Ver 1_SAW-2020-01305_Incomplete Application_20210723

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
WASHINGTON REGULATORY FIELD OFFICE
2407 W 5TH STREET
WASHINGTON, NORTH CAROLINA 27889

July 23, 2021

Regulatory Division

Action ID. SAW-2020-01305

Ms. Jessica Guilianelli
Natural Resources Manager
Environmental Affairs Department
MCAS Cherry Point
Building 4223 Access Road
Havelock, North Carolina 28533

Dear Ms. Guilianelli:

This correspondence is in regard to the individual permit application you submitted
requesting Department of the Army (DA) authorization to construct an offshore sill and
living shoreline project within the Neuse River along approximately 2.2 miles of the
northern shoreline of Marine Corps Air Station (MCAS) Cherry Point in Havelock,
Craven County, North Carolina. Also reference the June 24, 2021, email Ms. Emily
Thompson of my staff sent to Mr. George Radford, MCAS Cherry Point Environmental
Affairs Branch Manager, informing him that the subject application was incomplete.
This letter also confirms our subsequent telephone conversation on July 08, 2021,
regarding the subject matter. Mr. Raleigh Bland of my staff, Ms. Thompson, and Mr.
William Wescott, MCAS Cherry Point Environmental Affairs Department, also
participated in the telephone call.

As discussed, the following items must be addressed before a public notice can be
issued. Please be aware that due to the number of corrections to be made in the
application and drawings, additional items may be discovered upon review of
subsequent submittals.

1. Drawings.

a. Plan view (CS102 – CS124):

1) To promote clarity, provide one set of drawings depicting the sill
construction, grading, backfilling, and access activities, etc., and another
set of drawings showing the planting plan.

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2) You must clearly indicate the limits of all work within jurisdictional features
on the plan view drawings. This can be done with color shading,
crosshatching, or similar graphic symbols.

3) All drawings must include length and width measurements.

4) The “turbidity curtain” must be shown in its entirety on all drawings
including length and distance measurements from the sill.

5) Some maps indicate “wooded” areas adjacent to the project. It is likely
that some of these wooded areas are wetlands, and if so, this must be
indicated on the maps.

6) Based on review of aerial photography, it appears that there may be as
many as eleven (11) waters of the United States (streams) that flow from
MCAS Cherry Point property, through the project area, and into the Neuse
River. These waters must be clearly shown on the drawings and any
proposed work within these waters (e.g., sill construction, grading,
backfilling, planting, access, etc.), must be indicated on the drawings.

7) The limits of the Duke University and the North Carolina Coastal
Federation (NCCF) involvement with the project must be clearly marked
on the drawings.

8) “Sill Planting Type A” must be indicated on the drawings (not via small
inset box).

9) To preclude confusion, all areas identified on the drawings as “Sill Planting
Type C” must be changed to “No Planting Zone.”

10) You indicate on Drawing CS117 that an area of “coastal vegetation”
exists at the eastern terminus of the project. More detail must be provided
to this drawing to show the limits of filling and disturbance in relation to
this vegetated area.

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11) See Drawings CS121 and CS122. CS121 indicates “Sill Planting Type A”
along reaches L141 and L142. CS122 indicates “Sill Planting Type B”
along reaches L141 and L142. Please correct.

12) See Drawings CS122 and CS123. CS122 indicates “Sill Planting Type A”
along reaches L147 and L148. CS123 indicates “Sill Planting Type C”
along reaches L147 and L148. Again, “Sill Planting Type C” is to be
indicated as “No Planting Zone” on all drawings. Please correct.

b. Typical cross sections (CS501 and CG501):

1) At a minimum, separate typical cross section drawings must be provided
at the beginning of the project and at 500-foot increments thereafter, with
one final cross section drawing at the terminal end of the project. Cross
section drawings must also be provided within the segments involving
Duke University and the NCCF. The Corps is available to discuss this
with you in more detail.

2) All cross section drawings must include length, width, height, and water
depth measurements.

3) You must clearly indicate the limits of all work within jurisdictional features
on the cross-section drawings.

4) Regarding CS501, provide separate pages at a larger scale depicting a)
the general sill, grading, backfill, and access areas and, b) the sill opening
plan view and cross section drawings.

2. Application.

The following addresses specific sections of your application:

A. Processing information.

1a. Indicate that you are seeking both Section 404 and Section 10 permit
approvals.

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B. Applicant Information.

4. Agent/Consultant.

4a. Name. List the actual name of the person.

4b. Business Name. List the business name.

Agent Authorization Letter. If the Corps must communicate with Avolis
Engineering in any way regarding the proposed plan, specifications, drawings,
avoidance/minimization measures, etc., an agent authorization letter must be provided.

C. Project Information and Prior Project History.

4. Project Description and History.

4a. Describe the existing conditions on the site and the general land use in the
vicinity of the project at the time of your application. The information you provided is
more appropriate for 4i below.

4b. Department of the Army (DA) permits have been issued to MCAS Cherry
Point in the past to address shoreline stabilization within the proposed project area.
Accordingly, all authorizations received that are related to shoreline stabilization within
the project area must be listed.

4h. As discussed, it is the Corps’ responsibility, with input from the applicant, to
determine the basic project purpose. The broad purpose statement you provided must
be fine-tuned and the Corps, with input from the resource agencies, will work with you to
craft an appropriate purpose statement for this project. Because of its importance as it
relates to the analysis of alternatives, it is strongly recommended that this be done prior
to resubmitting your permit application.

4i. As discussed, the overall project must be described in detail including the
proposed Duke University study, North Carolina Coastal Federation involvement, and
any other aspects of the project that were not included in your original application. All
work within DA jurisdiction associated with all phases of this project must be included in
this application. See 4a. above.

As confirmed by Mr. Wescott’s July 6, 2021, email to Ms. Thompson, proposed
project impacts were incorrectly calculated by your engineer. As discussed, the limits of
DA jurisdiction must be correctly identified, and the total project impacts recalculated
and included in your application.

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Although regulations provide for the use of alternative permit application forms [in
this case, you submitted the joint North Carolina-Wilmington District Preconstruction
Notification (PCN) form that is typically used for nationwide permit verifications], you
must provide additional information that is requested in the Corps’ standard individual
permit application [Engineering (ENG) FORM 4345] as follows:

1) The type of material being discharged (granite, earthen, oyster shell, etc.)
and the cubic yardage of each type of material must also be stated in your
application.

2) The source and size of the granite material to be used must be described.

3) The source of the oyster shell material to be used must be described.

4) The source and grain size of the earthen backfill material as compared to
the ambient shoreline sediments must be described.

5) Construction access, stockpiling of material, and/or excavation that will
take place must be described.

6) You must describe the species and source(s) of the proposed planting
stock as well as the planting methods to be utilized.
Please be aware that depending on the sources of the sill and earthen backfill
materials to be discharged in navigable waters of the United States, additional testing
may be required (Section 404(b)(1) Guidelines, Subpart G).

You may also benefit from referencing Engineering Form 4345 found on the
Wilmington District Regulatory Division’s website to ensure that you have included all
necessary information in your application: https://saw-
reg.usace.army.mil/Forms/Eng_Form_4345_2018May.pdf.

5. Jurisdiction Determinations.

5a. Comments. Indicate that the referenced wetland/stream delineation expired
on December 18, 2018.

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6. Future Project Plans.

7b. As discussed, your proposal constitutes one project that will be constructed in
phases. Indicate that no other permit applications will be submitted to authorize any
part of the proposed project or related activity.

D. Proposed Impacts Inventory.

4. Open water impacts.

As discussed, this section must be rewritten once the limits of DA jurisdiction have
been determined (See C.4. above).

6. Buffer Impacts.

6b. Please note that it may be determined that some of the referenced “access
along sand beach” may take place within DA jurisdiction. Should this be the case, more
information must be included in your application to address this work as referenced
above.

E. Impact Justification and Mitigation.

1. Avoidance and minimization.

1a. No change at this time. You indicate that “the project areas were limited to
work in those areas where the repair and stabilization work is most critically needed.”
As this project encompasses approximately 2.2 miles of Neuse River shoreline that will
be entirely armored by granite and backfilled, such a broad statement is not detailed
enough for evaluation pursuant to the Section 404(b)(1) Guidelines. Please be aware
that the Corps will be requesting additional information related to the avoidance and
minimization of impacts to aquatic resources associated with this project, and that DA
authorization may only be granted for the Least Environmentally Damaging Alternative
(LEDPA).

1b. Please note that the operation of “land-based equipment” is likely to take
place within DA jurisdiction, especially associated with grading and backfilling of the
proposed sill structure. Accordingly, more detailed information must be included in your
application describing the grading and backfilling, and how it is to be accomplished.

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2. Compensatory mitigation.

2b. Provide more specifics related to the referenced “rules.”

G. Supplementary Information.

5. Endangered Species and Designated Critical Habitat.

It is recommended that you review information provided by the U.S. Fish and Wildlife
Service (USFWS) (https://www.fws.gov/raleigh/) and the National Marine Fisheries
Service (NMFS) (https://www.fisheries.noaa.gov/) before answering the questions in
Section G.5.

5a. As discussed, please change the answer to “Yes.” This project may affect
the endangered Atlantic sturgeon (Acipenser oxyrinchus) and its Designated Critical
Habitat (DCH). Accordingly, the Corps must consult with the NMFS before a permit
decision may be rendered. The Corps must also consult with the USFWS regarding
potential impacts to the West Indian Manatee (Trichechus manatus). Please be aware
that the project area is also indicated to be within the Bald Eagle (Haliaeetus
leucocephalus) North Carolina Natural Heritage Elemental Occurrence zone.

6. Essential Fish Habitat (EFH).

It is recommended that you review information found at the NMFS website
(https://www.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat)
before answering the questions in Section G.6.

6a. As discussed, please change the answer to “Yes.”

6b. NMFS designated EFH resources are located within the project area and an
EFH assessment must be prepared, and consultation with NMFS completed before a
permit decision may be rendered. Also note that submerged aquatic vegetation (SAV)
is documented to occur in the vicinity and potential impacts to this aquatic resource
must also be evaluated.

7. Historic or Prehistoric Cultural Resources.

7a. As discussed, please change the answer to “Yes.” The Corps must consult
with the State Historic Preservation Office (SHPO) regarding potential effects to the
“Cherry Point (MCAS) Historic District,” the boundaries of which encompass a portion of
the project area. Please be aware that other offshore historic and/or prehistoric
resources may exist or be encountered within the project area.

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Additionally, the project is located within and adjacent to North Carolina Heritage
Areas and Heritage Managed Areas.

7c. Any information you can provide related to both onshore and offshore cultural
resources studies and/or findings in and/or near the project area would facilitate
evaluation of your application.

Please be aware that the Corps must also honor its Tribal Trust responsibilities by
coordinating with the Catawba Indian Nation.

3. Notification of Adjacent Property Owners.

You must provide the names and addresses of the adjacent property owners (See
ENG FORM 4345, Page 3).

In conclusion, due to the scope and number of corrections to be made in your
application and the many questions that remain, review of subsequent submittals may
necessitate further information requests from the Corps. As stated in Ms. Thompson’s
June 24, 2021, email to Mr. Radford, the Corps participated in an interagency meeting
regarding this project on July 27, 2020, and the Corps and agencies in attendance
voiced concerns. Review of your application revealed that these concerns may not
have been fully considered in designing the project. Accordingly, before you resubmit
the subject application, I strongly recommend that an interagency meeting be scheduled
to fully review the specifics of your project and to further explore agency concerns.

Thank you for your time and cooperation. If you have any questions, please contact
Ms. Thompson at the Washington Regulatory Field Office, 2407 West 5th Street,
Washington, North Carolina 27889, telephone [phone], or email
[e-mail].

Sincerely,

David M. Lekson, SPWS
Chief, Washington Regulatory Field Office
Wilmington District Corps of Engineers