20230797 Ver 1_National Marine Fisheries Correspondence_20230905

s"T OPT,, UNITED STATES DEPARTMENT OF COMMERCE
W�$ National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
cy Southeast Regional Office
"Fo 263 13" Avenue South
�IiES o* St. Petersburg, Florida 33701-5505
https://www.fisheries.noaa.gov/region/southeast
September 5, 2023 F/SER47:FR/pw
(Sent via Electronic Mail)
Colonel Brad A. Morgan, Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Liz Hair
Dear Colonel Morgan:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID: SAW-
2019-02188 dated July 27, 2023. Carteret County proposes to construct a public boat ramp in waters
adjacent to the Atlantic Intracoastal Waterway (AIWW) and Bogue Sound in Ocean Community. The
state classifies the waters as Outstanding Resource Waters and open to shellfish harvesting. There are
historical records of submerged aquatic vegetation (SAV), and recent surveys found SAV at this site. The
Wilmington District's initial determination is the proposed project would have a substantial individual or
cumulative effect on essential fish habitat (EFH) or associated fisheries managed by the NMFS, Mid -
Atlantic Fishery Management Council (MAFMC), or South Atlantic Fishery Management Council
(SAFMC), including SAV the SAFMC designates a Habitat Area of Particular Concern (HAPC). As the
nation's federal trustee for the conservation and management of marine, estuarine, and diadromous
fishery resources, the NMFS provides the following comments and recommendations pursuant to the
authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation
and Management Act (Magnuson -Stevens Act).
Carteret County proposes to create a public boat launch facility with six ramps, a transient floating dock
within the basin, and an access channel to the AIWW. The proposed upland -cut basin would be 1.54
acres in size and excavated to a depth of -7.2 feet NAVD88, requiring removal of approximately 28,575
cubic yards of soil. Each of the proposed boat ramps would be 253.5 feet long. Three floating peers (60
feet by 8 feet) are proposed between the ramps, and a transient/queuing dock (100 feet by 8 feet) is
proposed along the northwestern side of the new upland basin. The access channel would be 450 feet by
50 feet and require removing 4,625 cubic yards of spoil material. For shoreline stabilization along the
proposed boat launch area, 464 feet of QuickReef sill is proposed. Sill lengths range 79 feet to 100 feet
and would be 5 feet wide. Excavation would utilize mechanical means and all excavated material would
be temporarily stored onsite. Permanent impacts to waters and wetlands associated with the proposed
dredging include the loss of 0.05 acre of coastal wetlands and 0.78 acre SAV and SAV habitat.
The coastal wetlands include smooth cordgrass, black needlerush, bullrush, glasswort, and sea ox-eye.
Based on surveys conducted by the North Carolina Coastal Federation, SAV, primarily eelgrass (Zostera
marina) and shoalgrass (Halodule wrightii), is present within the project and surrounding areas. No
shellfish beds were observed in the area. Although this site is not a designated nursery area, nearby
Goose and Sanders Creeks are both designated as Primary Nursery Areas.
Coastal wetlands and sub -tidal bottom in estuarine waters are EFH under SAFMC's fishery management
plans for penaeid shrimp, coastal migratory pelagic fishes, and estuarine -dependent species of the
snapper -grouper complex, such as gray snapper and gag grouper. The latter fishery management plan
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designates SAV and SAV habitat as an HAPC. HAPCs are subsets of EFH that are rare, particularly
susceptible to human -induced degradation, especially important ecologically, or located in an
environmentally stressed area. The MAFMC designates tidal creeks and estuarine waters as EFH for
summer flounder and bluefish. Other species of commercial or recreational importance found in the
project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet,
weakfish, and blue crab. A number of these species serve as prey for fish that are managed by SAFMC
(e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g.,
billfishes and sharks). The SAFMC provides additional information on EFH and federally managed
species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region and in Users Guide to
Essential Fish Habitat Designations by the South Atlantic Fishery Management Council. Detailed
information about the EFH requirements of species managed by MAFMC are included in separate
amendments to individual fishery management plans and in technical reports prepared by the NMFS
Northeast Fishery Science Center.
The applicant has submitted a mitigation plan with four components.
1. The primary mitigation is constructing a breakwater to reduce wave energy to enhance SAV
habitat at spoil islands on the south side of the AIWW approximately 3/4 of a mile to the east of
the proposed project site. Historically, the spoil islands were connected; however, a breach now
allows shallow -draft watercraft to pass through. The proposed mitigation plan would place
approximately 861 feet of riprap to create a sill and breakwater between two spoil islands where
water depths range from -1 to -5 feet mean low water (MLW). The base of the sill/breakwater
would range from 12 feet to 18 feet wide. On either end of the breakwater, QuickReef
revetments are proposed — approximately 800 feet on the western island and 605 feet on the
eastern island, and 5 feet wide. No gaps in the QuickReef revetments are proposed.
2. Directly south of the AIWW and proposed ramp and west of the breakwater, shoreline protection
using 1,062 feet of QuickReef revetment would be placed along the west end of the spoil island at
Mean Low Water (MLW) with associated marsh planting landward of the sill. No gaps in the
QuickReef revetment are proposed.
3. A permanent water quality monitoring station and at least five SAV monitoring stations would be
established in selected Bogue Sound locations. Monitoring stations would be selected based on
consultation with resource agencies. SAV sites will be monitored twice annually for five years.
4. On both sides of the boat basin entrance, a living shoreline protection would be installed with five
sections of QuickReef revetment totaling 464 feet. No gaps in the QuickReef revetment are
proposed.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation
Recommendations for any federal action or permit which may result in adverse impacts to EFH.
Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated
fishery resources:
All of the project's QuickReef revetments should include gaps at least every 100 feet. Those
gaps should be at least 10 feet wide and extend to the substrate.
The mitigation plan has monitoring for five years. Annual reports should be submitted to the
resource agencies to ensure the mitigation measures are working. The permit should include
remediation if monitoring shows the mitigation measures are insufficient or unsuccessful.
To protect water quality, the depths in the boat basin and access channel should be limited to -4
feet MLW, which is comparable to the Town of Emerald Isle boat ramp located across Bogue
Sound. Reducing the depth and width of the entrance channel also could reduce impacts to SAV.
2

• To protect juvenile shrimp and finfish using the shallow bottom and SAV habitat, the permit
should require all in -water work to abide by the construction moratorium provided in the North
Carolina Costal Habitat Protection Plan. Specifically, no in -water work should be allowed from
April 1 through September 30.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR
600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations
within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in
accordance with the "findings" between the NMFS and the Wilmington District, an interim response
should be provided. A detail response must then be provided prior to final approval of the action. The
detailed response must include a description of measures proposed by the Wilmington District to avoid,
mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is
inconsistent with the EFH conservation recommendations, the District must provide a substantive
discussion justifying the reasons for not following the recommendations. The detailed response should be
received by the NMFS at least ten days prior to final approval of the action.
Thank you for the opportunity to provide these comments. Please direct related questions or comments
should the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort,
North Carolina 28516-9722, or at [e-mail].
Sincerely,
WILBER.THOMA Digitally signed by
W I LBEKTHOMAS.PAYSON.1
S.PAYSON.13658 365820186
Date: 2023.09.05 18:24:57
/for 20186-04'00'
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDMF, [e-mail], [e-mail]
NCDWR, Holley. [e-mail]
NCWRC, [e-mail]
EPA, [e-mail]
F/SER47, [e-mail]