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HomeMy WebLinkAboutWQC0004206 Ver 1_FINAL_EmeraldIsleRegulatoryPermitApp_20230807small_20230809From: 401PreFile To: Overstreet. Jeremy R CIV USARMY CESAW (USA) Subject: [Non-DoD Source] Automatic reply: [External] 401/Buffer Pre -filing Meeting Request Date: Monday, September 26, 2022 7:36:31 AM This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1, 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer- permitting/401-buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deq.nc.g_ovov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 Project Name: Maintenance Dredging US Coast Guard Station Emerald Isle Project History: U.S. Army Corps of Engineers. Environmental Assessment (EA), Maintenance Dredging for US Coast Guard Station at Emerald Isle. September 2008. The 2008 EA evaluated maintenance dredging of the USCG navigation channel on an as -needed basis to ensure access to the USACE federally maintained navigation channel. U.S. Army Corps of Engineers, Regulatory Permit SAW-2007-03344, Issued to the U.S. Coast Guard on December 31, 2008. This permit authorized the USCG to conduct the activities evaluated in the 2008 EA but included an environmental window of November 16 to March 31 for all dredging and placement methods. The authorization allowed for sidecast dredging outside the window only in emergency situations after the necessary coordination with resource agencies. The permit expired on December 31, 2018. U.S. Army Corps of Engineers, Regulatory Permit Extension SAW-2007-03344, Issued to the U.S. Coast Guard on December 9, 2019. This permit extension reauthorized the same dredging and placement methods as the 2008 permit above. This permit extension expires on December 9, 2024. U.S. Army Corps of Engineers. Environmental Assessment (EA), Maintenance Dredging for US Coast Guard Station at Emerald Isle. August 2022. The 2022 EA evaluated maintaining the north route from the USCG channel that was addressed in the 2007 EA and added a new southwest route to provide two options for exiting the USCG station. The southwest route provides a 300 linear -foot "shortcut" channel to the southwest. Maintenance dredging would occur on an as -needed basis to ensure access to the USACE federally maintained navigation channel. The final EA was circulated for public review and all comments have been resolved. Preparation of the final EA and Finding of No Significant Impact (FONSI) is ongoing and the FONSI is expected to be signed in the next 30 days. A Federal Consistency Concurrence for the project was issued on July 26, 2023 (Attachment #1). For convenience, we have also attached a contact list of landowners whose property is adjacent to the project area (Attachment #2) Project Purpose: The purpose of the project is to provide a safe, reliable navigation channel for the USCG to access the open ocean through Bogue Inlet for at least the next 10 years. The proposed route would increase maintenance dredging flexibility for the USCG Station Emerald Isle navigation channel near Bogue Inlet, on the western end of Emerald Isle, Carteret County, North Carolina (Attachment #3). The USCG Station Emerald Isle has many missions, including the safeguarding of navigational interests (government, commercial, and private), protecting North Carolina's coastline from pollution and marine accidents, and enforcement of federal laws and responsibilities under the Homeland Security Act. The Station's area of USCG Emerald Isle Dredging project description Page 1 of 11 responsibility covers approximately 50 nautical miles of the Atlantic Intracoastal Waterway (AIWW) (from Bogue Inlet to Surf City) and to 30 nautical miles offshore. The USCG Emerald Isle's ability to access the Atlantic Intracoastal Waterway (AIWW) and Bogue Inlet federal channels safely and efficiently is critical to their success in accomplishing the missions described above. Because the federal channel follows natural deep water, the location may vary widely. Currently, the federal channel is in the naturally deep water along the western edge of the area. The USCG channel also follows natural deep water and currently connects to the federal channel by exiting the station to the north. This limits the USCG to only one option for connecting to the federal channel. This project would provide the USCG with a second option, which is a route to the southwest. Adding a second option for the USCG to navigate to the federal channel, would give the USCG two routes to exit the Station and connect to the federal channel, providing more flexibility in accessing the federal channel and providing a direct route to Bogue Inlet, following natural deep water (Attachment #3). All sediments in the vicinity of the north and southwest routes have been sampled and tested and all material to be dredged has less than 10% fines (>_90% sand) and therefore is not likely to produce significant turbidity. Beneficial use of dredged material will help to keep these valuable sediments within the system and potentially decrease rates of erosion and habitat loss. Placement of beach quality material in the nearshore and on beaches may reduce risks from the effects of storm surge and high tides to existing shorelines and upland habitat areas. Activity Location: The project area is located within waters of the United States, associated with Bogue Sound, waterward of 11101 Station St, Emerald Isle, North Carolina (Latitude: 34.647560; Longitude:-77.096100). A boat is required to access the site. The direction to the USCG Emerald Isle station: From the town of Emerald Isle. Head west on Emerald Drive toward Burlington Street (5.9 mi). At the traffic circle, take the 2nd exit and stay on Emerald Drive (0.4 mi). Turn left onto Coast Guard Road (2.2 mi). Turn left to stay on Coast Guard Road (0.2mi). Turn right onto Station Street (0.1 mi). Slight right onto Terrell Horne III Way (358 ft). Must go through security gate into parking lot. The site is a short boat ride from the station. Proposed Project: The United States Coast Guard (USCG) Station Emerald Isle's facilities include a basin and a navigation channel (i.e., northern route; -6 feet MLLW, +2 feet overdepth, by 90 feet wide) that connects to the existing federal navigation channel between Bogue Inlet and the AIWW. Due to the dynamic nature of the area, the USCG navigation channel follows naturally occurring deep water and currently extends approximately 4,000 to 5,000 feet north of the basin. Recent dredging volumes for the currently approved northern route are 2,600 CY to -6 feet (project depth) and 6,200 CY to overdepth. Dredging would typically take place over a 7-14-day period. The USCG is seeking USCG Emerald Isle Dredging project description Page 2 of 11 authorization to dredge and maintain (period >_ 10 yrs.) a second route to the southwest to access the USACE federally maintained navigation channel at Bogue Inlet. This proposed southwest route (8,148 CY to -6 feet [project depth] and 17,178 CY to overdepth at 90 feet wide; Attachment #4) has been previously dredged as a part of the USACE federally maintained navigation channel. This southwest alternative would also include a new approximately 300 linear foot "shortcut" channel to connect the southwest route to the current northern route. Based on current bathymetry, dredged material generated from this new shortcut is estimated to produce material quantities of 0 CY to - 6 feet MLLW (project depth) and 469 CY to overdepth at 90 feet wide (Attachment #5). The southwest route could be maintained at the same time as the current USGC channel that runs north to the federally maintained channel. It's expected that maintaining both the northern and southwest routes would require dredging one of the routes each year. The work currently authorized in the above referenced permit (SAW-2007-03344) includes an environmental window of November 16 to March 31 for all dredging and placement methods. This window is proposed to remain as part of the preferred plan. All efforts will be made to accomplish maintenance dredging within the window, however, should dredging outside the window be required, the USCG would coordinate with agencies prior to dredging. Various dredge types may be used to maintain the USCG channels, depending on dredge availability and channel conditions like shoaling locations and controlling water depths. Dredge type (hydraulic pipeline dredge, government -owned sidecast dredge, government -owned special purpose (hopper) dredge, or mechanical [clamshell] dredge) and placement options (sidecasting, nearshore, beach, or upland site placement) are described immediately below and would be applicable to any of the three alternatives. Pipeline Dredge Material placed on a beach or in a confined upland facility would be dredged by either hydraulic pipeline dredge or mechanical dredge. A hydraulic pipeline dredge would pump the material via dredge pipe. Dredging of the USCG basin and access channel, and the resultant beach placement, would occur only when deemed necessary for the maintenance of safe navigation. There is a beach placement area on the western end of Emerald Isle, used by the USACE during maintenance dredging of the Bogue Inlet and AIWW for the placement of beach quality sand (i.e., material containing less than 10% fine-grained material). This placement area begins 1,500 feet east of the centerline of Bogue Inlet and extends approximately one mile east. The distance from the Inlet was established, among other reasons, to prevent placed material from rapidly returning to the Inlet's navigation channel. Sidecast Dredge Due to its shallow draft capability, the sidecast dredge is often the only method of dredging available for shoal removal. When maintenance dredging is required and other dredge types are not available, USCG proposes to sidecast dredge. The sidecast dredge casts material approximately 80-100 feet from the centerline of the vessel into USCG Emerald Isle Dredging project description Page 3 of 11 adjacent open waters where the predominant currents carry the sediments away from the channel. The sidecaster operates only during daylight hours (12 hours/day). Sidecast placement would be used only when the shoal(s) to be dredged is/are composed of beach quality sand, to minimize the duration of suspended sediments and other environmental impacts resulting from fine-grained sediments discharged into estuarine waters. Additionally, a sidecast dredge would only be used in areas where submerged aquatic vegetation (SAV) is not present within the dredging or placement area. Dredged material would not be discharged into vegetated marsh. Special Purpose Hopper Dredge The project area is too shallow to be dredged by a conventional hopper dredge; However, material dredged by a government -owned special purpose dredge could operate in this area. The "Currituck" is capable of dredging approximately 300 cubic yards of material in thirty minutes and requires a minimum depth of 5 feet to maneuver. The "Murden" is capable of dredging approximately 500 cubic yards of material in thirty minutes and requires a minimum depth of 5 feet to maneuver. The larger the load of material in the hopper, the more depth required. Mechanical (clamshell) Dredge Material placed on a beach or in a confined upland facility would be dredged by either hydraulic pipeline dredge or mechanical dredge. A mechanical (clamshell) dredge would place material on a barge or scow. When full, the vessel could be moved to the beach, placement facility, or nearshore where material would be removed and placed using a front-end loader, back -hoe, or bucket operation. Subsequent relocation of the material would be necessary to conform to the generally accepted beach placement practices described below. For Fiscal Year (FY) 2024, any required new or maintenance dredging would be to the previously authorized depth of -6.0 feet MLLW, with allowable overdepth dredging to - 8.0 feet MLLW at 90 feet wide. All dredged material would be placed on previously identified beach placement locations, sidecast, nearshore, or upland placement sites. Avoidance and Minimization: All dredging would be conducted from November 16 to March 31, which will minimize impacts to fisheries resources. In addition, the dredge boat would abide by all measures to protect federally listed threatened and endangered species during work, as noted below. Each dredged material placement option would avoid and minimize impacts to the maximum extent practicable as noted below. Beach placement Placement of dredged material on beaches would be conducted from November 16 through March 31 to avoid impacts to nesting shorebirds and sea turtles. Existing USCG Emerald Isle Dredging project description Page 4 of 11 material may be built into berms and moved around by bulldozers to ensure material stays on the beach and impacts to surrounding waters are minimized. The final location within the beach placement area for material dredged from the USCG Station Emerald Isle may be determined upon consultation with the Town of Emerald Isle and the Carteret County Shore Protection Office. Consultation with resource agencies and adherence to existing wildlife management plans is encouraged when considering placement areas. If a need for protection of structures within the existing placement area is identified by local or state officials, material could be placed there. For material to be placed on a portion of beach outside the previously used area (whether by private property owner, local government, or state or federal environmental resource agency), the requesting party would have to obtain the necessary authorizations and conduct coordination with others desiring the sand. Confined upland facility Should any instance of sediment sampling reveal material composed of greater than 10% fine-grained sediment, it would have to be placed in a confined upland placement site. The most likely location for placement of fine-grained material would be on placement islands at the confluence of Bogue Inlet and the Atlantic Intracoastal Waterway. The USACE Placement Areas (PA) 60 and 61 are located approximately 1.5 miles from the USCG basins and are approximately 19 acres and 12 acres, respectively. If a confined upland facility is utilized, water quality will be monitored two times per day, at a minimum, at the spillway(s) during dredging activities. If turbidity exceeds 25 nephelometric turbidity units (NTUs), measures, such as using stop -logs at the spillway or moderating dredging operations to allow settlement of suspended sediment over time, would be implemented. Temporary high ground placement There is limited area for a placement site within USCG Station Emerald Isle property. While a small amount of material could be placed temporarily within the Station, it is more likely that an alternate site would be found. All work would be completed outside the April 1 — August 31 waterbird breeding season unless coordinated with the appropriate resource agencies in advance. If dredged material is to be placed in a temporary upland placement area, and subsequently removed to an offsite facility, appropriate Beast Management Practices (BMPs) would be utilized to prevent effluent runoff into adjacent waterways. Specific BMPs may include silt fences, hay bales, or similar structural solutions. The dredged material would then be removed after dewatering to an approved upland facility. Open water placement Off the western end of Emerald Isle in approximately 6-10 feet of water, there is a nearshore placement area available for the placement of beach quality sand. Placement of dredged material within open water areas, such as nearshore placement, would occur during the environmental window of November 16 to March 31, which will minimize impacts to fisheries resources. USCG Emerald Isle Dredging project description Page 5 of 11 For FY24, the project proposes to only dredge those areas that are in need. Dredging and placement activities would occur during the environmental window from November 16 to March 31. Mitigation: There will be no loss of waters of the U.S., including wetlands or other special aquatic sites, either physically or in functions and values, for any type of dredging or dredged material placement option; therefore, compensatory mitigation would not be required. Alternatives Analysis: The following sections present and briefly discuss feasible alternatives for USCG maintenance of the Station Emerald Isle entrance channel and boat basin. The analysis of alternatives is based on meeting the purpose and need for the action, in addition to minimizing adverse environmental consequences. The three alternatives considered are discussed below. No Action The "No Action" alternative involves maintaining the status quo. The USCG would not have the additional flexibility to take a more direct route to Bogue Inlet. The shoaled conditions that presently exist within the project area would remain, and these shoals would be expected to expand, creating increasingly more difficult navigation and longer delays in response time for USCG vessels and teams. The "No Action" alternative does not meet the purpose and need of maintenance of Station Emerald Isle in a condition that enables optimal performance of the USCG missions. Alternative 2 Proposed Action — Maintaining the North Route and Adding a New Southwest Route (with dredging window): This alternative includes maintenance dredging a navigation route to the southwest to access the USACE federally maintained navigation channel at Bogue Inlet. This southwest route has been previously dredged as a part of the USACE federally maintained navigation channel. This alternative would also include a new approximately 300 linear foot "shortcut" channel to connect the southwest route to the current USCG channel. The southwest route could be maintained at the same time as the current USGC channel that runs north to the federally maintained channel. However, only one route may be maintained at times due to funding limitations. The proposed southwest route and "shortcut" channel are currently at the authorized project depths. There are several methods of dredging available for accomplishing the work. These methods are: pipeline dredge, mechanical (clamshell) dredge, government -owned sidecast dredge, and government -owned special purpose (hopper) dredge. The result of dredging would be the removal of shoaled sediments lying above the plane of -6 feet MLLW, plus 2 feet allowable overdepth in the Station's access channel in naturally occurring deep water. USCG Emerald Isle Dredging project description Page 6 of 11 Placement of dredged material would be dependent upon the method of dredging used and the quality of the material to be dredged. Only beach quality sand would be sidecast, placed on the beach or in the nearshore placement area. All dredging and placement work would be completed between November 16 and March 31. USCG anticipates scheduling necessary dredging to coincide with contracts, overseen by the Wilmington District, U.S. Army Corps of Engineers (USACE), for maintenance dredging in nearby federally maintained channels. This would allow the USCG to avoid the expense of initial dredge plant mobilization and demobilization, often exceeding $500,000. However, USCG would incur the expense associated with relocating the dredge to its basin and installing the pipeline for placement. Alternative 3 Maintaining the North Route and Adding a New Southwest Route (no dredging window): This alternative would be the same as alternative 2, but dredging and placement would be accomplished at any time of the year, considering the risk assessments that would be required under the 2020 South Atlantic Regional Biological Opinion (SARBO). Eliminating the environmental windows for the project provides the maximum flexibility relative to dredge availability. This option would allow dredging of the route in a proactive manner by monitoring shoals through routine survey efforts and planning for scheduled maintenance events. Cumulative/secondary impacts: The area to be dredged is either abutting or within an established channel and is subject to frequent navigation; therefore, adverse impacts to EFH, HPAC, or EFH species from dredging would be minimal and short-lived. Similarly, adverse impacts to EFH, HPAC, or EFH species resulting from the placement options would also be minimal and short- lived on an individual and cumulative effects basis. As a result of these minimal impacts, mitigation to offset impacts would not be required. This assessment was provided to the NMFS Southeast Region as part of the EA review; however, NMFS provided no comments (NMFS is only reviewing Bipartisan Infrastructure Law (BIL) projects, due to workload and staffing issues). Dredging will take place in a new area approximately 300 linear feet in length, that connects to a southwestern route to Bogue Inlet that has been previously dredged. The dredged material may be sidecast into adjacent waters, placed in the nearshore areas by hopper dredge, placed on adjacent beaches, or on an approved upland confined site. Most of the material to be dredged is continually being redistributed by normal tidal processes and storm events. If the current and new routes require dredging the same year it would take 10-18 days. Once the new navigation alignment has been established, periodic maintenance dredging would remove future shoaled sediments and impacts would be like those occurring during routine maintenance dredging of the existing federal channel. Accordingly, the long-term noise and sediment disturbance would be similar to the existing conditions. Section 7(a)(2) of the Endangered Species Act (ESA): USCG Emerald Isle Dredging project description Page 7 of 11 All dredging and placement activities for the preferred alternative would be conducted in accordance with the PDCs of the 2020 SARBO and the terms and conditions of the USFWS Statewide Programmatic BO, thereby meeting USACE responsibilities under Section 7(a)(2) of the ESA. Adherence to those conditions will minimize but still may affect sea turtles, sturgeon, sawfish, manatees and whales, piping plover, red knot, and seabeach amaranth, confirmed through notification from the USFWS (Attachment #6). The proposed action will result in additional dredging and placement activities in the area of new dredging and the additional maintenance dredging of the southwest route. Dredging is not expected to impact any terrestrial vegetation or wildlife. Impacts would result in additional dredging and sidecasting of material in a new location. Regardless of time of year or type of dredge plant used, activities will adhere to all the relevant PDCs of the 2020 SARBO for all dredging and placement activities. Incidental takes are not anticipated, lethal or non -lethal, as risk of entrainment, ship strikes, etc. with pipeline and government plant dredges is very low. Dredging during winter months when the North Atlantic Right Whales (NARW) is migrating is not anticipated to negatively impact the NARW physically or behaviorally. Consequently, the Corps is relying upon the findings of the 2020 SARBO and the terms and conditions of the USFWS Statewide Programmatic BO, to meet its responsibilities under Section 7(a)(2) of the ESA. Following with the PDCs of the 2020 SARBO and the terms and conditions of the USFWS Statewide Programmatic BO, project activities will minimize but still may affect sea turtles, sturgeon, sawfish, manatees and whales, piping plover, red knot, and seabeach amaranth. Magnuson -Stevens Fishery Conservation and Management Act (Magnuson Stevens Act), Essential Fish Habitat (EFH) and Habitat Areas of Particular Concern (HAPC): An EFH assessment was conducted and available data (EFH Mapper fnoaa.govl) indicates the area may contain EFH for the following: Atlantic sharpnose shark (juvenile and adult), big -nose shark (juvenile and adult ), dusky shark (juvenile and adult), sandbar shark (juvenile and adult), blacktip shark (juvenile and adult), longfin mako shark (juvenile and adult), night shark (juvenile and adult), scalloped hammerhead shark (juvenile and adult), tiger shark (juvenile and adult), spiny dogfish (juvenile and adult), silky shark (juvenile and adult), Thresher shark (juvenile and adult), whitetip shark (juvenile and adult), black sea bass (larvae, juvenile, adult), cobia (eggs, larvae, juvenile, adult), summer flounder (larvae, juvenile, adult), bluefish (eggs, larvae, juvenile, adult), gag grouper (juvenile), gray snapper (juvenile), red drum (eggs, larvae, juvenile, adult), king mackerel (juvenile and adult), Spanish mackerel (juvenile and adult), brown shrimp (eggs, larvae, juvenile, adult), pink shrimp (eggs, larvae, juvenile, adult), white shrimp (eggs, larvae, juvenile, adult). The project area is not located within waters designated by the North Carolina Division of Marine Fisheries as Primary or Secondary Nursery Areas. The Fishery Management Amendments of the South Atlantic Fishery Management Council identify several categories of Essential Fish Habitat (EFH) and Habitat Areas of USCG Emerald Isle Dredging project description Page 8 of 11 Particular Concern (HAPC). Some of these habitat types are present in Bogue Sound and may occur within the vicinity of the project area. However, neither dredging nor sidecasting of material would affect these habitats nor result in more than minimal impacts to Bogue Sound. The area to be dredged is either abutting or within an established channel and is subject to frequent navigation; therefore, adverse impacts to EFH, HPAC, or EFH species from dredging would be minimal and short-lived. Similarly, adverse impacts to EFH, HPAC, or EFH species resulting from the placement options would also be minimal and short-lived on an individual and cumulative effects basis. As a result of these minimal impacts, mitigation to offset impacts would not be required. The nearshore placement site is in the Atlantic Ocean; therefore, no impacts to emergent wetlands or SAV would occur. Prior to any sidecast operation, close coordination with NC Division of Marine Fisheries and the National Marine Fisheries Service would be conducted to ensure that no more than a minimal level of impact to SAV would occur. Dredged material would be sandy material and would be expected to settle out quickly. Prior to each dredging event, SAVs will be identified using the latest aerial photography and GIS imagery (Attachment #4). A minimum of 100-foot buffer will be placed around any SAVs identified to protecting them from effects of turbidity and sedimentation. No dredging or placement, including sidecasting of dredged material, will occur within 100 feet of identified SAVs, and a 300-foot buffer would be followed to the greatest extent practicable. Impacts to fisheries and fish habitat (like those above) during these coordinated events are anticipated to be minor, as they would be short- term and localized, but could be quantified via comparisons of pre- and post -dredging imagery. Dredging may impact the estuarine water columns in the immediate vicinity of the project. The government sidecast dredge would only work during daylight hours so there would be no dredging or sidecasting at night. Therefore, sand and sediments would settle out completely every night. These impacts could include minor and short- term suspended sediment plumes and related turbidity, as well as the release of soluble trace constituents from the sediment. Outside the immediate dredging area, turbidity increases would be less than 25 NTU. Overall water quality impacts resulting from the dredging alternatives would be short-term and minor. Living estuarine and marine resources dependent upon good water quality would not experience more than minimal, temporary adverse impacts due to water quality changes. Dredging and sidecasting are not expected to significantly impact wetlands, SAV, or estuarine water column EFHs. No significant impacts to estuarine water columns would occur as a result of placement operations in a diked placement facility. Material placed in the nearshore placement site, within the existing beach placement area on Emerald Isle, in Bogue Inlet Shoal, or from sidecasting, would be sandy material and would be expected to settle quickly. Adverse impacts to the estuarine water column would be within the immediate vicinity of the placement operation and would be minimal and short-lived. Neither dredging nor dredged material placement within the project area are expected to significantly impact wetlands, SAV, or estuarine water column EFHs. USCG Emerald Isle Dredging project description Page 9 of 11 Intertidal Flat, Oyster Reef, and Shell Bank habitat types are present in Bogue Sound and may occur within the vicinity of the project area. However, neither dredging nor sidecasting of material would affect these habitats. While smaller clumps of Sargassum may float into waters adjacent to the existing beach placement site on Emerald Isle and the nearshore placement area, it typically occurs much farther offshore. Sargassum would not be affected by the proposed dredging or placement options. Reef -forming corals are not present in the proposed dredging or sidecast areas so there would be no impacts to them. The NC Division of Marine Fisheries oversees 3 artificial reefs within 10 miles of the project area. The artificial reef site nearest to the project area is AR 381, located 1.4 miles north of the of the project area. None of the alternatives considered would impact NCARP reefs. Dredging would not affect any hardbottoms. None of the alternatives considered would affect hardbottoms. Neither the proposed dredging nor the placement of dredged material options would result in more than minimal impacts to Bogue Sound. The project area and the vicinity in which sidecast placement would occur are not located in the marine environment; therefore, they would not impact the marine water column. For FY24, dredging of the channels would occur depending on need and available funding, and the proposed action will dredge no deeper or wider than the existing authorized channel limits (-6 feet with 2 feet allowable overdepth and 90 feet wide). The sidecast or placement of dredged material within the nearshore area would settle through the water column quickly due to the sandy nature of the material. Any turbidity would be short-lived, temporary, and confined to the immediate discharge area. An environmental window to conduct all dredging activities from November 16 to March 31 will protect fisheries resources. Therefore, the proposed project would not have a substantial adverse effect on EFH. Section 106 of the National Historic Preservation Act (NHPA): The North Carolina State Historic Preservation Office's (SHPO) Historic Resources data HPOWEB 2.0 (arcgis.com) Map Service was queried to identify known cultural resources in and near the project area (North Carolina State Historic Preservation Office 2022). This service provides information for sites listed on the National Register of Historic Places, sites designated as Local Landmarks, and other data useful in considering potential impacts to cultural resources but typically does not include submerged resources. According to HPOWEB, the only extant terrestrial historic USCG Emerald Isle Dredging project description Page 10 of 11 property in the project vicinity is the Bogue Inlet Coast Guard Station (Site ID CR1407), which is not listed or eligible for listing on the National Register of Historic Places. The original location of the Bogue Inlet Life Saving Station (Site ID CR0557) is also in the project area; however, the station is no longer standing. Executive Order 11593 states that the Federal Government shall provide leadership in preserving, restoring, and maintaining the historic and cultural environment of the Nation. No alternatives considered would adversely affect cultural resources. All alternatives will be in full compliance with Executive Order 11593 following completion of the NEPA process. For FY24, dredging and associated dredged material placement should have no effect on historic properties (Attachment #7). Due to past dredging and survey history in the project area it is unlikely, but possible, that during the project, sunken vessel remains or associated artifacts would be encountered. Therefore, plans and specifications associated with the project will state that in the event cultural resources including, but not limited to, sunken vessel remains, or associated artifacts are discovered during dredging activities, the USACE shall be immediately notified and the resource(s) in question shall be protected from further disturbance until instructed otherwise. Should cultural resources be discovered, the USACE would consult with the North Carolina Office of State Archaeology and the North Carolina State Historic Preservation Office to determine appropriate action. Dredging work in the project area would only continue following consultation pursuant to the National Historic Preservation Act. Conclusion: The conclusion is that the proposed new and maintenance dredging of the Bogue Inlet navigation channels for the USCG Station Emerald Isle, utilizing various dredge types and placement options, would not substantially adversely affect EFH, and would minimally affect endangered species, so long as all mitigative measures are followed. In addition, the proposed project should not affect historic resources. No mitigation would be required for the proposed dredging, as there would be no loss to waters of the United States, including wetlands or other special aquatic sites. Based on this determination, the proposed project should qualify for another 10-year individual regulatory permit. Attachments: #1 — Federal Consistency Determination #2 — Adjacent landowner addresses #3 — Project overview map with prior dredging locations #4 — Project overview map with estimate of dredge material and showing state -mapped SAV in vicinity #5 — 2023 new channel "shortcut" area depth map and estimate of dredged material #6 — USFWS coordination and comments email #7 — State Historic Preservation Office concurrence letter USCG Emerald Isle Dredging project description Page 11 of 11 Attachment #1 — Federal Consistency Determination USCG Emerald Isle Dredging project description Attachment #2 — Adjacent landowner addresses USCG Emerald Isle Dredging project description m @ \ \ % \ \ e 0 o u 00 u u� // g k z\ z z/ / / / 3 u / z z� 3 z 3 3 2 u > � & 2§ 5 0 5 5 3 n n n° E% E E 5 Q cr- cr- u 2 e � 0 � f 0 .\ % \ / 6 : u / k c ± \ k k / 0)° / \ •} 2 / LO 00 m 2 E e @ » \// u r,/ u 0 0 0) o » �� e m o o� m�� �@@ e e 00 m e o 0 Ln @ � @ C14 @ @ It a- a- / I / � e E $ _ 0 \ u E•LU \ » >- o / 0 6 \ CO � -z:;" u 0 - > 0 3 / E \ k f 0 \ n— a o n e E / 7 ƒ § % u 2 e @ n e ° 2 n E * 2>»/ co7 2$ k 4 g » E < LU < 4 / 2 D _ / k L 2 x � � \ \ » 2 < $ < / x \ / / 2 3 \ / I \ 2 \ / < / / k L > b k 2 z\% k 0\ ® < \ 6 2 \ / a- k u 3 w / f \ L \ 0 \ u m ƒ / i / Attachment #3 — Project overview map with prior dredging locations USCG Emerald Isle Dredging project description Attachment #4 — Project overview map with estimate of dredge material and showing state -mapped SAV in vicinity USCG Emerald Isle Dredging project description Attachment #5 — 2023 new channel "shortcut" area depth map and estimate of dredged material USCG Emerald Isle Dredging project description LO Q ® AlO SO OIIOEZOZ 13S £O DO :3wVN 9113 dM 331VOlONHO31 HV%Vw EZOZ® vrcnOev]H1aoN'3l91 a1va31v3 CL `p12 z 3 alsl m o 0 .0 !lO £ZOZ AWN Z 131V0 M3`JVwI plejeW3 uol e 3 is som i ow'aa=3T/OSdVW E E G QI U wEONdOLN A6O3553O08d EZOZ AIDE LE:31VO dtlw VNIIO>l'/ —ON'NOLSNIY IM nU = W H OVINtlOLN-AS O3.A"N LO1a1510 USSNION3—ST W E N'� O z m� Ma'dNo:Aea3A3ndns EsoznddnNvra�-o�alvaA3nans AaminsOIHdVMJ0210AH Attachment #6 — USFWS coordination and comments email USCG Emerald Isle Dredging project description From: Matthews. Kathryn H To: Overstreet. Jeremy R CIV USARMY CESAW (USA) Cc: Ellis. John Subject: [Non-DoD Source] Re: [EXTERNAL] Draft Environmental Assessment Availability - US Coast Guard Emerald Isle Station Date: Friday, August 19, 2022 7:11:40 PM Attachments: USCG Public Notice.odf USFWS USCG EA Transmittal Letter 17AUG2022.odf Hi Jeremy, Thanks for the opportunity to review the Final Draft FA for this project. Since beach placement is proposed to follow the requirements of the 2017 SPBO, and the Corps also proposes to follow the 2017 Manatee Guidelines, I don't have objections or significant comments on the project. I agree that sand placement from the project may be covered under the USFWS 2017 Statewide Programmatic Biological Opinion for North Carolina Coastal Beach Sand Placement. However, I do recommend a revision to language in the FA to accurately reflect the species determinations that should be made. On Page 34, the FA states: "All conditions and conservation recommendations of the USFWS 2017 North Carolina Coastal Beach Sand Placement, Statewide Programmatic Biological Opinion will be abided by, therefore no impacts to T&F species including Seabeach Amaranth are anticipated. The roseate tern, eastern black rail and sensitive joint -vetch are not likely to occur within the project area. The West Indian manatee may be present, however, by following the 2017 USFWS Guidelines for Avoiding Impacts to the West Indian Manatee, no impacts are anticipated." Then, Page 36 states: "All dredging and placement activities for the No Action alternative would be conducted in accordance with the PDCs of the 2020 SARBO and the terms and conditions of the USFWS Statewide Programmatic BO, thereby leading to a may affect, not likely to adversely affect determination for sea turtles, sturgeon, sawfish, manatee and whales, piping plover, red knot, and seabeach amaranth." Page 37 has similar language for Alternatives 2 and 3. It is important to note that the 2017 USFWS SPBO provides coverage to the Corps for potential adverse impacts to listed species from the project, so it is not appropriate to indicate that there will be no effect or no adverse effects. There may be adverse affects, but the Corps is covered if the project complies with the SPBO. This only applies for the species covered by the SPBO (sea turtles, red knot, piping plover, seabeach amaranth, and the various critical habitats found on Bogue Banks). The same is true for the SARBO. It provides legal coverage for potential adverse impacts to listed species under the purview of NMFS, so a NF or MAN LAA determination should not be made for those species. For West Indian manatee, it is fine to make a MANLAA determination if the 2017 Manatee Guidelines are followed (but I would not recommend "no effect"), because the Guidelines are intended to minimize the potential for adverse impacts to the manatee. So, I would separate manatee from the other species and state that the adherence to the 2017 Manatee Guidelines will avoid and minimize the potential for adverse impacts to West Indian manatee, and therefore the three alternatives are not likely to adversely affect that species. For the species covered by the USFWS SPBO and NMFS SARBO, I would revise the language to make a determination of "May Affect, but the Corps is relying upon the findings of the USFWS 2017 North Carolina Coastal Beach Sand Placement, Statewide Programmatic Biological Opinion and the 2020 SARBO to meet its responsibilities under Section 7(a)(2) of the ESA." I hope that makes sense. Let me know if you have questions. Please note that i om teleworking Wednesday through Friday, every week. Emoil is the best way to reach me. Thanks, Kathy Matthews NC Renewable Energy Coordinator & Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Overstreet, Jeremy R CIV USARMY CESAW (USA) <Jeremy.R.Overstreet@usace.army.mil> Sent: Wednesday, August 17, 2022 4:51 PM To: Benjamin, Pete <pete_benja min @fws.gov> Cc: Matthews, Kathryn H <kathryn_matthews@fws.gov>; Ellis, John <john_ellis@fws.gov> Subject: [EXTERNAL] Draft Environmental Assessment Availability - US Coast Guard Emerald Isle Station This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Mr. Benjamin, Please find the attached letter and public notice for the US Coast Guard Emerald Isle Station channel dredging and maintenance Draft Environmental Assessment (EA). An electronic version of the Draft EA is available on the USACE, Wilmington District website. Your comments are appreciated. Feel free to contact me if you have any questions. Thanks, Jeremy Overstreet Biologist, Environmental Resources Section Wilmington District, U.S. Army Corps of Engineers 69 Darlington Ave. Wilmington, NC 28402 Office: 910-251-4700 Attachment #7 — State Historic Preservation Office concurrence letter USCG Emerald Isle Dredging project description ,4 STArZ a North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson June 26, 2023 Justin Bashaw Environmental Resources Section US Army Corps of Engineers Wilmington District 69 Darlington Ave Wilmington, NC 28403 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Justin. P. B ashaw&usace. army.mil Re: Maintenance Dredging, USCG Facility, Emerald Isle, Carteret County, ER 07-2129 Dear Mr. Bashaw: Thank you for your correspondence of May 19, 2023, received May 25, 2023, regarding the above -referenced undertaking. We would like to take the opportunity to offer the following comments. After reviewing the information provided from An Archaeological Remote Sensing Survey of the U.S. Coast Guard Access Channel, Emerald Isle, North Carolina, (May 27, 2008) conducted by Mid -Atlantic Technology and Environmental Research, Inc., it is our opinion that the proposed new "shortcut" USCG navigational route has been adequately assessed for the presence of unknown submerged cultural resources. Despite Bogue Inlet being an area of high potential for cultural resources associated with historic maritime activity, the 2008 survey indicates a low probability of encountering unknown resources within the Area of Potential Effect that may be potentially eligible for listing on the National Register of Historic Places. We, therefore, concur with the Corps' determination that the proposed dredging of the additional USCG navigation route described in the August 2022 Environmental Assessment should have no effect on historic properties. If unknown cultural resources (Le., shipwreck remains, etc.) are encountered, dredging operations should cease immediately in that area and professional staff at our office be contacted to make an assessment before work continues in that location. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review ,ncdcr.aov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, R_1� ):�Lk �A_ Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898