20230797 Ver 1_USACE Correspondence_20230727

ImPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: July 27, 2023
Comment Deadline:August 26, 2023
Corps Action ID Number: SAW-2019-02188
The Wilmington District, Corps of Engineers (Corps) received an application on June
23, 2023 from Carteret County, c/o Mr. Eugene Foxworth seeking Department of the
Army authorization to conduct new dredging within coastal wetlands and waters and
submerged aquatic vegetation (SAV) and conduct upland excavation, associated with a
proposed public boat ramp facility in waters adjacent to the Atlantic Intracoastal
Waterway (AIWW) and Bogue Sound, off Highway 24 in Ocean Community, Carteret
County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.armV.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
Mr. Eugene Foxworth
Carteret County
210 Turner Street
Beaufort, North Carolina 28516
Mr. Doug Huggett
Moffatt and Nichol
305 Commerce Avenue
Morehead City, North Carolina 28557
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑x Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑x Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
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❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description: The site is located on a 67-acre parcel, south of NC Highway 24,
and west of 241 Morada Bay Drive, along the north shore of Bogue Sound,
approximately 1 mile east of Goose Creek and 1 mile west of Sanders Creek, in
Newport, Carteret County, North Carolina.
Project Area (acres): -r20-acres
Nearest Town: Newport
Nearest Waterway: Bogue Sound
River Basin: Onslow Bay
Latitude and Longitude: 34.69891 N,-76.990414W
Existing Site Conditions
The 64-acre parcel is currently undeveloped/ forested, contains freshwater wetlands
which total 14.8 acres, and cross the property in four separate locations. The majority of
the site is considered uplands and supports a mature canopy of mixed hardwoods and
loblolly pine trees with a moderate shrub layer. The property shoreline along Bogue
Sound is 900', has an elevation of 4' along the shoreline and contains coastal wetlands
consisting of smooth cordgrass, black needlerush, bullrush, glasswort, and sea oxeye.
Based on conducted surveys, submerged aquatic vegetation (SAV), primarily of Zostera
marina and Halodule wrightii are present in proposed project area. A dirt road exists
from the eastern property boundary at the terminus of Morada Bay Drive. The Corps
issued a Nationwide Permit verification to the county in November 2020 for the purpose
of an access road from NC Highway 24 to provide access to uplands throughout the
site.
Applicant's Stated Purpose
The applicant states that the purpose of the proposed boat ramp facility is to provide
access to recreational and commercial boaters within Carteret County, and surrounding
counties, as well as vacationers to the area. Additionally, the applicant states that the
proposed facility would alleviate pressures on other boat ramps located on the north
shore of Bogue Sound.
Project Description
The applicant proposes to create a public boat launch facility with six ramps, a 100-foot
by 8-foot transient floating dock within the basin, and a 159-space boat trailer parking lot
and an access channel to the Atlantic Intracoastal Waterway. The proposed upland
basin would be 1.54 acres in size and excavated to a depth of -7.2' NAVD88. The
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facility would include six launch ramps located within the upland basin. Each of the
proposed six ramps would be 253.5' long. Three 60' by 8' floating piers are proposed
between the ramps, and a 100' x 8' transient/queuing dock is proposed along the
northwest side of the new upland basin. Permanent impacts to waters and wetlands
associated with the proposed project include the loss of 0.05-acre coastal wetlands and
0.78-acre SAV and SAV habitat associated with dredging. A +/-450' x 50' (bottom
width) access channel is proposed to be dredged to provide vessels access to deep
water and the Atlantic Intracoastal Waterway (AIWW). The proposed dredging would
result in impacts to +/- 0.78 acres of bottom habitat and will produce approximately
4,625 CY of spoil material.
The proposed project also involves the placement of five Quickreef sills along the
shoreline to either side of the proposed access channel. The five sills range in length
from 79' to 100 and all have a width of 5'.
Construction methods include: Upland site clearing and grading utilizing standard
construction equipment (i.e. graders, dozers, dump trucks, etc.). The upland basin
would be excavated using excavators and dozers. The proposed parking area would be
paved. An access channel to the AIWW/Bogue Sound would be dredged using
mechanical (bucket to barge) methodology. Disposal of dredged material is proposed to
be utilized onsite within the uplands at least 20' away from verified wetlands.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
- Based upon an analysis of flushing models for various basin design, a modified
and shortened basin was chosen to ensure proper flushing of the basin to reduce
potential water quality impacts. A flushing model is provided as an addendum to the
application package.
- The proposed access channel base width was reduced from an initial 75' width
down to 50' width to lessen impacts to shallow bottom and SAV habitat.
- The basin location was chosen in a way that provided for excavation through the
narrowest coastal wetland fringe along the County's property.
- Shellfish surveys conducted at the same time as preliminary SAV surveys
indicate no significant accumulation of shellfish within the area of the proposed new
channel. However, Carteret County does propose to implement a shellfish relocation
effort (following coordination with the N.C. Division of Marine Fisheries) within the area
of the new access channel prior to the initiation of dredging activities.
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- The design of the facility was done in a manner that should lead to no shellfish
closures -in waters outside of the basin.
- Channel markers (four total) will be utilized to delineate the boundaries of the
new channel, which will help ensure that boats utilizing the facility will not stray into
adjacent areas of SAV (see permit drawing sheet N-101).
- In order to limit impacts to adjacent shorelines, coastal wetlands, and SAV
habitat, Carteret County will request that the entrance channel to the new basin be
designated as a "No -Wake Zone" by the N.C. Wildlife Resources Commission.
- Carteret County, in coordination with the N.C. Coastal Federation, will install
informational kiosks and signage on high ground educating the public to the importance
of avoiding SAV impacts.
- The upland basin will be excavated "in the dry" by leaving an earthen plug
between the area to be excavated and the waters of Bogue Sound. A 24-hour period
(minimum) after completion of excavation of the basin will elapse prior to plug removal
to prevent unnecessary siltation into the adjacent waters.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
To offset the loss of 0.78- acre of SAV and SAV habitat, the applicant proposes to
construct living shorelines along the property's shoreline and south of the proposed boat
ramp facility, designed to protect existing SAV beds and promote SAV habitat around
dredge spoil islands, establish a water quality monitoring station, and multiple SAV
monitoring locations within Bogue Sound.
Mitigation is not proposed for the loss of 0.05-acre of coastal wetlands associated with
the dredging of the new access channel and basin.
Essential Fish Habitat (EFH)
The Corps' determination is that the proposed project may adversely affect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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❑x This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnuson -Stevens Fishery Conservation and Management Act.
Implementation of the proposed project would impact -
❑marine substrate
❑x estuarine substrate
❑water columns
❑emergent wetlands
❑x submerged aquatic vegetation
❑artificial reefs, hard bottoms)
(See project description) utilized by various life stages of the following species:
❑coastal migratory
❑pelagics
❑corals
❑golden crab
❑x shrimp
❑x snapper grouper
❑spiny lobster
❑x Atlantic highly migratory species).
Our initial determination is that the proposed action would have a substantial
individual or cumulative adverse impact on EFH or fisheries managed by Fishery
Management Councils and the National Marine Fisheries Service (NMFS). Our
final determination relative to project impacts and the need for mitigation
measures is subject to review by and coordination with the NMFS.
❑ The Corps will consult under the Magnuson -Stevens Act and will not make a
permit decision until the consultation process is complete.
❑ The Corps has initiated consultation the Magnuson -Stevens Act and will not
make a permit decision until the consultation process is complete.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑ Should historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) be present within the Corps' permit area, the
proposed activity requiring the DA permit (the undertaking) is a type of activity
that has no potential to cause an effect to an historic property.
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❑ No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
therefore, there will be no historic properties affected. The Corps subsequently
requests concurrence from the SHPO and/or THPO.
❑ Cultural resources that have been determined not eligible for inclusion in the
National Register of Historic Places are present within the Corps' permit area;
therefore, there will be no historic properties affected by the proposed work. The
Corps subsequently requests concurrence from the SHPO and/or THPO.
❑ Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), are present within the Corps' permit area; however,
the undertaking will have no adverse effect on these historic properties. The
Corps subsequently requests concurrence from the SHPO and/or THPO.
❑ Historic properties (i.e., properties listed in or eligible for inclusion in the National
Register of Historic Places), are present within the Corps' permit area; moreover,
the undertaking may have an adverse effect on these historic properties. The
Corps subsequently initiates consultation with the SHPO and/or THPO.
❑x No resources listed in or eligible for inclusion in the National Register of Historic
Places are known to be present in the vicinity of the proposed work; however, the
permit area has not been formally surveyed for the presence of cultural
resources. Additional work may be necessary to identify and assess any cultural
resources that may be present. This notice serves as a request to SHPO, THPO,
and/or other interested parties to provide any information they may have
regarding historic properties. Additionally, one archaeological site, 31 CR148, is
within the permit area for the proposed undertaking. This site has not yet been
systematically investigated or assessed for National Register eligibility.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
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critical habitat: May Affect, Not Likely To Adversely Affect: West Indian Manatee,
Northern Long Eared Bat, and Red Cockaded Woodpecker species. Suitable
habitat for both the Northern Long Eared Bat and Red Cockaded Woodpecker
likely exists onsite, however species surveys and habitat assessments were not
included with the permit application. The Corps created a project folder in the
IPAC system and generated a May Affect determination for the Northern Long
Eared Bat (NLEB) after completing the NLEB Determination key. The project was
assianed Droiect code: 2023-0101337.
❑x By copy of this public notice, the Corps initiates consultation under Section 7 of
the ESA and will not make a permit decision until the consultation process is
complete.
❑The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat. Consultation has been completed for this type of activity and the
effects of the proposed activity have been evaluated and/or authorized by the
National Marine Fisheries Service (NMFS) in the South Atlantic Regional
Biological Opinion or its associated documents, including 7(a)(2) & 7(d) analyses
and Critical Habitat assessments. A copy of this public notice will be sent to the
NMFS:
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
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NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
0 The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
0 The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application Request Methoc the consistency
certification, the Corps requests, via the public notice, concurrence or objection
from the NCDCM.
❑ Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
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The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State, and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm,August 26, 2023. Comments should be
submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403, or via email at [e-mail]. The
Corps Project Manager can be contacted at [phone]- Comments may also be
submitted to [e-mail].
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