20050046 Ver 1_Other Agency Comments_20051121

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
November 15, 2005
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
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Subject: Modification for 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 October 18, 2005. The applicant, David Greer, has applied for a
Department of the Army (DA) permit to construct a bulkhead and pier. 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 of fish 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 February 8, 2005, the Service provided comments on the initial permit
application for work within Sloop Point Plantation. We did not oppose issuance of a DA permit
to renovate two existing dock structures and create a 20-slip marina adjacent to the Atlantic
Intracoastal Waterway (AIWW) if submerged aquatic vegetation (SAV) would not be directly or
indirectly impacted and coastal marsh under the proposed piers receives adequate sunlight.
Project Area, Proposed Activities, and Anticipated Impacts
The project area is on the mainland of Pender County at the junction of Virginia Creek and the
AIWW. The applicant is developing a residential subdivision.
The current PN contains a permit application (PA) submitted to the North Carolina Division of
Coastal Management (NCDCM). The PA state the applicant proposes to extend a previously
permitted bulkhead along three lots for a distance of 480 feet. According to a drawing included
in the PN, the bulkhead would be landward of the mean high water (MHW) line. Aside view
drawing states that the retaining wall (bulkhead) would be behind (landward) of the marsh.

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The applicant also proposes to construct a pier, three feet wide by 140 feet long, on a 30-foot
easement. The project narrative states that pier would allow public access to the water and stop
"the current problem of people driving over the marsh areas." Project drawings indicate that the
pier would start on uplands, extend across an intertidal zone, and terminate in water six feet deep
at MHW.
Neither the PN nor the DCM application indicates that wetlands would be impacted by the
proposed actions. We do understand that the pier has been proposed to stop driving over a marsh
area which is likely to result in a reduction of adverse impacts to this valuable habitat.
Federally Protected Species
As we noted in our February comments, 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.org/Pages/herita~edata.html >. The project is located within the Holly Ridge quad.
We 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 determine the
likelihood that it will be presence at a particular construction site.
Construction of the pier may require either jetting of piles and/or pile driving. This construction
can create a risk to manatees moving along the AIWW and Virginia Creek. 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.~ov/mammal/manatee guidelines.pdfl. 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 1 through May 31, a period when the species. is least likely to be in North Carolina
waters.

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With the inclusion of our manatee guidelines as a permit condition, the Service would concur
with a determination 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
With measures of protect manatees, 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(a~fws.g_ov_ >.
Si er ,
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Pete ~ amin
Ecological Services Supervisor
cc:
Ron Sechler, NMFS, Beaufort, NC
Steve Everhart, NCWRC, Wilmington, NC
John Dorney, NC Division of Water Quality, Raleigh, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC