20050046 Ver 1_Other Agency Comments_20050330

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636.3726
Mr. Henry Wicker ~~~ ~ (~ 2~~5
U. S. Anny Corps of Engineers U~A1r'~' .. u~,~ATE~
Wilmington Regulatory Field Office ~~'°~'~'~~~~+'+~R TFR(BR.~h1~h
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID #200500440, David Greer (Sloop Point Plantation), Pender County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated February 23, 2005. The applicant, David Greer, has applied for a Department of the
Anmmy (DA) permit to construct three finger piers, a covered gazebo, and enlarge an existing boat ramp.
Our comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48
Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your
determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review
(33 CFR 320.4) in relation to the protection offish and wildlife resources. Additional comments are
provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
By letter dated March 23, 2004, the Service informed you that we did not oppose issuance of a DA permit
to the applicant (AID #200400423) for dredging at a site on Pelican Walk Road, immediately southwest
of the current project area. Both the earlier project and the current proposal serve, or would serve, to
provide amenities to residents of the Pecan Grove Subdivision. Both projects areas are adjacent to the
Atlantic Intracoastal Waterway (AIWW).
Proposed Activities and Anticipated Impacts
The PN contains the Field Investigation Report (FIR), dated February 7,.2005, of the North Carolina
Division of Coastal Management (NCDCM) and the NCDCM permit application (PA). The FIR and the
PA state that the applicant proposes to construct three finger piers (3 feet by 12 feet), construct a covered
gazebo (12 feet by 12 feet) at the end of an existing pier, and enlarge an existing boat ramp. Water depths
in the area of the finger piers are approximately 3.7 to 5.0 feet at mean higlm water (MH W). The water
depth in the area of the proposed gazebo is approximately 11.6 feet at MHW. The finger piers and
gazebo would "incorporate" 252 square feet (ft2) ofnon-vegetated, Public Trust and Estuarine Waters.
These waters are not designated as a Prinmary Nursery Area. Since the area of the gazebo (144 ft2)
represents new incorporation, we assume that this structure would be extension of the existing pier rather
than being built over the terminal end of the existing pier.
The FIR states that the boat ramp expansion would impact 740 ft' of shallow estuarine bottoms. The
existing boat ranmp would be extended 20 feet waterward. Two areas of expansion would be constructed
on each side of the existing ramp between the mean high and mean low water contours. The enlarged
March 17, 200 D ~ ~ ~ ~~ ~ ~ -1
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ramp would be 26 feet wide. The lateral expansions and the waterward extension would cover
approximately 240 ftZ and 520 ftZ, respectively. While the FIR states that the lateral "sections" would be
"installed," the exact method of construction is not given. The PA states that 12 cubic yards of concrete
would be placed in the water.
The PN, FIR, and PA do not indicate that any vegetated wetlands or submerged aquatic vegetation (SAV)
would be impacted by the proposed work. Water depths at the gazebo site may be too deep for most SAV
species. The FIR states that there are no coastal wetlands located on, or adjacent to the property. There
appears to be little, if any intertidal zone waterward of the existing bulkhead and the area for the boat
ramp extension is described as being "previously dredged and/or disturbed."
Federally Protected Species
As part of our review for the earlier work in the immediate area, the Service considered the federally
threatened or endangered species under our jurisdiction. The listed species known to occur in Pender
County can be found on our web site at < http://nc-es.fws.gov/es/cntylist/pender.html >. Information for
a more limited area around the project site is available from the North Carolina Natural Heritage Program
(NCNHP) database. This database contains occurrence records for both state and federally protected
species within each U. S. Geological Survey quadrangle (quad). The occurrence data of special status
species within this quad can be obtained on the Internet at < http://ncnhp.or ~ /Pages/herita~edata.html >.
The project is located within the Holly Ridge quad.
We have conducted a similar review for the current proposal. This review indicates that the only
federally listed species likely to occur in the project area is the West Indian manatee (Trichechus
manatus), afederally-endangered mammal. Manatee occurrences are rare in North Carolina, but the
species is known to occur in Pender County. However, it has not been reported within the Holly Ridge
quad. The shallow, estuarine waters of the project area may provide suitable habitat for manatees that
move along the Atlantic Coast during summer months and are seasonal transients in North Carolina,
primarily from June through October. Manatees may travel in water as shallow as one to two meters (3.3
-6.6 feet) deep. The species moves extensively when in North Carolina waters and past occurrence
records cannot be used to precisely deternline the likelihood that it will be presence at a particular
construction site.
Construction of the gazebo may require either jetting of piles and/or pile driving. This construction can
create a risk to manatees moving along the AIWW. If the boat ramp enlargement entailed the placement
of concrete sections in the water at high tide, manatees may be at risk. Protection of the species would be
enhanced during in-water construction activities by implementing the "Guidelines for Avoiding Impacts
to the West Indian Manatee -Precautionary Measures for Construction Activities in North Carolina
Waters." These guidelines are available on our web site at <
http://nc-es.fws.gov/mammal/manatee guidelines pdf>. The guidelines are intended mainly to ensure
that construction personnel are informed that manatees may occur in the work area, that work should
cease if a manatee approaches the work area, work should not resume until the manatee leaves the work
area, and procedures for reporting the death or injury of a manatee. Protection of the manatee would
further enhanced by scheduling construction from November l through May 31, a period when the
species is least likely to be in North Carolina waters.
With the inclusion of our manatee guidelines as a permit condition, the Service would concur with a
deternlination by the District Engineer that the action is not likely to adversely affect species designated

as threatened, endangered, or their designated critical habitat. However, the requirement of section 7
would need to be reconsidered if: (1) new information reveals impacts of this identified action that may
affect listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed
or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations
The Service is concerned that adverse impacts to aquatic organisms could occur if proper care is not taken
in the enlargement of the concrete boat ramp. The FIR states that sections would be "installed" to achieve
the expansion and the PA notes that 12 cubic yards of concrete would be placed in the water. The
placement of uncured concrete or the washing of wet concrete into the water can be extremely harmful to
fish. When Portland cement, the active component of concrete, is dissolved in water, it forms calcium
hydroxide (Ca(OH)z), a highly alkaline substance which can produce a very high pH (or highly alkaline
conditions). The impacts of high pH on fish include death; damage to outer surfaces such as gills, eyes,
and skin; and the inability to dispose of metabolic wastes. A fish kill was reported during January 2002
in Richmond County due to contact between uncured concrete and the waters below Lake McKinney.
While the applicant may fully intend to prevent any contact of uncured concrete with the water of the
AIWW, this issue is not entirely clear from the available information. Therefore, we recommend that
coordinated federal position require that concrete not be placed in the water until it is completely cured
and that wash-water containing concrete from clean up or disposal of excess material not be allowed to
enter waters surrounding the site.
With measures of protect manatees and prevent the introduction of uncured concrete into adjacent waters,
Service believes that the work is not likely to produce irreversible or significant adverse impacts on fish
and wildlife resources under our jurisdiction and we would not oppose issuance of a DA permit for the
work described in the PN. The Service appreciates the opportunity to provide these comments. If you
have questions regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27, at the
address above, or by e-mail at < howard hall~~fws.gov >.
S~ cer ,
i
Pete B~amm
Ecological. Services Supervisor
cc:
Ronald Mikulak US EPA, Atlanta, GA
Ron Sechler, NMFS, Beaufort, NC
Bennett Wynne, NCWRC, Kinston, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC