20221528 Ver 1_USACE Correspondence_20230223

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 23, 2023
Regulatory Division
Action ID. SAW-2022-01702
Mr. Randy Newman
North Carolina State Park
Fort Macon State Park
2303 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
[e-mail]
Dear Mr. Newman:
Please reference your application for the Department of the Army (DA) authorization
to construct a rock sill structure adjacent to the northeast shoreline along Fort Macon
Creek, adjacent to Fort Macon State Park, Atlantic Beach, Carteret County, North
Carolina. The sill would be 18' wide and 2,716' long with 10'-wide gaps fronted by
concrete baffles at varying locations along the sill. It would be sited parallel to the
shoreline in -0.5' nlw depth approximately 5' waterward of the shoreline, resulting in 3' of
exposure at low tide.
Approximately 48,888 square feet (1.12-acres) of shallow bottom habitat is proposed
to be filled by the structure. Additionally, approximately 32,965 square feet (0.75-acre)
of fill is proposed immediately landward of the proposed sill in order to facilitate
shoreline restoration. The proposed sill would be a maximum height of 1.5' above the
mean high tide line. At the southeastern terminus, the proposed sill would tie into the
adjacent existing USCG jetty.
At the northwestern terminus, the proposed sill would transition into a proposed rock
revetment across the land to the southwest. This proposed revetment would be 74' long
and 18' wide with an opening in the center to allow for pedestrian and/or vehicular
access by park personnel.
In response to your proposal, pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Magnuson -Stevens Fishery and Conservation Management
Act, our office has received comments from the NOAA National Marine Fisheries
Service Habitat Conservation Division (NMFS HCD), dated February 7, 2023. As stated
in their letter, in order to protect juvenile shrimp and finfish they recommend an in -water
work construction moratorium of April 1-July 31. Additionally, they state that

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compensatory mitigation should be required to offset the loss of shallow bottom habitat,
and that the sill should have full depth 10-foot wide gaps, at least every 100 feet that
should extend all the way to the substrate. NMFS HCD also asked for clarification
regarding the proposed fill and vegetation planting plans relative to the Mean High
Water Line. It is our suggestion that you revise your plans or demonstrate your efforts
to satisfy their interests in further protecting the fishery resources.
It is the policy of the DA to provide an applicant the opportunity to furnish a proposed
resolution or rebuttal to all recommendations and/or objections from government
agencies and other substantive adverse comments before a final decision is made on a
proposed project. In this regard, I would appreciate receiving any comments that you
have on this matter. If you intend to comment, please give your immediate attention to
this matter, so processing of your permit request can be expedited.
If you have questions or comments, please contact me at [phone], or by
email [e-mail], Wilmington Regulatory Field Office, and I will assist
you in coordinating with the review agencies.
Sincerely,
Liz Hair
Project Manager
Electronic Copies Furnished (w/ enclosures)
Agent -Brian Rubino, Quible & Associates
Sponsor- Dr. Lexia Weaver, NC Coastal Federation
Electronic Copies Furnished (without enclosures):
Dr. Pace Wilber/Twyla Cheatwood, National Marine Fisheries Service
Mr. Curt Weychert/Mr. Gregg Bodnar, NC DCM
Ms. Holley Snider, NC DWR
Ms. Maria Dunn, NC WRC
Mr. James Harrison, NC DMF