20231056 Ver 1_USACE Correspondence_20231018

Meilinger, Michael J
From: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, October 18, 2023 3:32 PM
To: [e-mail]; [e-mail]; [e-mail]; Benjamin, Pete; Horton,
James Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR -
Environmental_Review; Bowers, Todd; ethan coble; Fritz Rohde - NOAA Federal; matthew.k.creelman2
@uscg.mil; Twyla Cheatwood; Ellis, John; Howell, Jonathan; Bertram, Paul J BOSN3; Snider, Holley;
Meilinger, Michael J; Doody, Ryan P CIV USCG D5 (USA); Bodnar, Gregg; Weychert, Curtis R; Quinlan,
Timothy CIV SAW
Cc: Charles, Thomas P CIV USARMY CESAW (USA)
Subject: [External] CAMA MAJOR/ GP 291/SAW-2023-01238/ Rachel Carson Reserve Carrot Island -offshore
sill/living shoreline/Carteret
Attachments: SAW-2023-01238 RCR Carrot Island sill_ePN.pdf, Project Narrative_REVISED_8212023.pdf, Bio Report
- 10-12-2023 15_32.docx; 20230817-221243-Carrot Island - Permit.pdf, GoogleEarth_Placemark.kmz
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Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The attached notice
requests federal agency comments on this project by November 17, 2023.
The applicant proposes to construct and place 1,250 linear feet of wave attenuation sills, overlapping 1,270 linear feet of
oyster habitat sills, to encompass approximately 1,475 linear feet of shoreline within the Taylor Creek, North River, and
Back Sound area along the eastern and southern portion of The Rachel Carson Reserve on Carrot Island. Distances
between NHW of the sand beach to the sills range from approximately 20' to 85' with an average of 50'. Distances
between the more waterward wave attenuation sill to the oyster habitat sills range from approximately V to 8' apart.
The proposed sills would be placed in an overlapping fashion in 100' segments with 10' gaps. Navigation markers would
be placed every 50' along proposed sills. The applicant proposes additional 10' wide planting zone of Spartina
alterniflora along normal high water boundary and 10' wide planting zone of Spartina patens approximately +1.5' above
NHW for further shoreline stabilization. The applicant proposes continued monitoring for 3 years to determine the
success of the project, as the applicant's primary goal is shoreline stabilization.
Per the applicant, average erosion rates for the area is approximately -2.5 feet per year, and a maximum of -5.5 feet per
year over a 21-year period.
Please see the attached request, plans, bio-report dated October 12, 2023, kmz file, applicant narrative, and location
map for more detailed information concerning the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial 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 (NMFS). Average water depths within the proposed sill placement areas appear to average -2'
NLW to -4' NLW, depending on location.

The application identifies the waters within the project area and of Taylors Creek and surrounding waters of Back Sound
and North River designated as SA; HQW by the Division of Water Resources. Waters within the project area/vicinity are
NOT designated as PNA by the NC Division of Marine Fisheries, and are open to Shell -fishing. The bio report states that
there are no SAVs present within the project area, however SAV is present nearby.
* An EFH Assessment was provided with the application materials, however is currently being updated and will be
distributed to NMFS for review upon receipt, as the proposal involves the placement of structure in 0.43-acre (18,870) of
shallow bottom habitat. According to the NMFS EFH mapper, EFH and HAPC resources within the project area include
the Snapper -Group Complex, and Coastal Inlets-Penaeid Shrimp.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Attached is a T&E species list generated by the Corps from the USFWS IPAC
site. Project Code: 2024-0006441.
Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect
the West Indian manatee. Manatee Guidelines would be required if the project is approved. The proposed project May
Affect both the piping plover and the rufa red knot, and their designated habitat(s). The proposed project would have
No Effect on other ESA listed species under the USFWS purview.
** Based on a review of the NOAA NMFS ESA consultation mapper, the project area occurs within foraging habitat for
swimming sea turtles, migration/mating habitat for giant manta ray, and migration/overwintering habitat for Atlantic
sturgeon species. An effects determination has not vet been made for ESA listed species under NOAA NMFS PRD
purview. A Biological Assessment was provided with the application materials, however is currently being updated and
will be distributed to NMFS and the USFWS ( BA will be uploaded into the project folder on IPAC) for review upon
receipt. The applicant did not include a USFWS IPAC project code with the materials.
N H PA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) 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, the Corps has preliminarily
determined that the proposed project will have no effect on cultural resources and requests concurrence from the State
Historic Preservation Office.
Section 408/Navigation:
The proposed project is located near the federal channel of Taylors Creek, however the structure has been designed to
avoid encroachment into the setback.
USCG:
It is my understanding that the applicant will be reaching out to determine any USCG ATON permitting requirements
associated with the structure.
401 Certification RPOT:
This email is concerning the attached application received by the U.S. Army Corps of Engineers (USACE) on October 13,
2023. The Corps Action ID Number associated with this project is: SAW-2023-01238.
Please provide a written response within 14 days from the date of this email, regarding the North Carolina Division of
Water Resources (DWR) receipt date for this project, otherwise, we will consider our receipt date as accurate. Also,
within 14 days, please notify me if the certification request does not contain the nine (9) components listed in Section
121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule.

As specified in the September 16, 2022, Programmatic Agreement (PA) between the USACE, Wilmington District, and the
North Carolina Department of Environmental Quality, Division of Water Resources, the reasonable period of time (RPOT)
for DWR to act on a Section 401 certification request is 120 days unless the RPOT is extended per the terms of this
PA. As such, unless we receive an email request for an extension of the RPOT, the USACE will consider the Section 401
certification for this project to be waived on February 10, 2024.
Please let me know if you have any questions.
Please provide comments at your earliest convenience, or by November 17, 2023.
Thank you!
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[e-mail]
Work Cell: 910-512-4456
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