20231281 Ver 1_USACE Correspondence_20231116

From:
Hair, Sarah E CIV USARMY CESAW (USA)
To:
kathrvn matthews(0ws.aov; Leigh Mann(afws.aov; Dace.wilber(abnoaa.aov; Benjamin. Pete; Horton, James
Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental Review;
Bowers, Todd; Fritz Rohde - NOAA Federal; matthew.k.creelman2(i)usca.mil; Ellis, John; Meilinaer, Michael J;
Bodnar, Grega; Quinlan, Timothy J CIV USARMY (USA); Hall, Wayne P
Cc:
Charles, Thomas P CIV USARMY CESAW (USA)
Subject:
[External] CAMA Major/GP 291/SAW-2023-01896 737 Cannonsgate Drive; Carteret
Date:
Thursday, November 16, 2023 5:01:10 PM
Attachments:
image001.pnng
SAW-2023-01896 Howard 737 Cannonsaate Drive ePN.pdf
Bio Report - 09-15-2023 14 57.docx
SSoecies List Raleiah Ecoloaical Services Field Office.odf
737 Cannonsgate Dr CAMA Major Permit Project Narrative 8-21-23 Final.pdf
ER 23-2086: SAW-2023-01896: Corps permit verification for fill of wetlands associated with construction of a
single-family residential home Carteret County NC.msg
737 Cannonsaate Maior Permit Mai) V2 11-15-23 Final.Ddf
GoogleEarth Placemark.kmz
PNA map.i)df
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BE
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
December 15, 2023.
The applicant proposes to construct a single family residence located with the existing Cannongate
residential subdivision located at 737 Cannonsgate Drive, on Bogue Sound, in Newport, Carteret
County, North Carolina.
Specifically, the applicant proposes to permanently fill 0.062-acre wetland in order to construct the
residence. Originally the applicant proposed to fill 0.073-acre wetland, but has revised/redesigned
the fill area and moved the structure closer to the roadway. The applicant does not proposed to
provide compensatory mitigation for the permanent loss of 0.062-acre wetland, and provided an NC
WAM rating form as supplemental information in support of their position that the wetland is low
quality. Upon further consideration, compensatory mitigation may be required. Temporary wetland
impacts would be associated with construction activities (access area to conduct lot fill and grading
activities/bulkhead installation) and would be removed in their entirety to pre -construction contours
and allowed to naturally re -vegetate.
Representatives from the Corps and NC DWR conducted a site visit with the applicant's agent on
October 31, 2023 to verify the wetland boundary and review site conditions.
Please see the attached request, plans, bio-report dated September 15, 2023, 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. The wetlands
onsite are connected to tidal marsh and are adjacent to ORW waters of Bogue Sound. While this
portion of Bogue Sound is not designated as PNA, the site is located near the PNA of Sanders Creek
(map attached).
The bioreport identifies waters of Bogue Sound designated as SA-ORW by the Division of Water
Resources. Waters within this portion of the Bogue Sound are not designated as PNA by the NC
Division of Marine Fisheries, and are open to the taking of shellfish.
ESA:
The Corps has 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 has determined that the activity would have No Effect on ESA listed Species which may be
located near the project vicinity. A USFWS Species list dated August 25, 2023 is attached; Project
Code: 2023-0121816.
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 has requested concurrence from the Tuscarora Nation and the
Catawba Nation by letter, and from the State Historic Preservation Office by email correspondence
dated November 7, 2023 (attached). Also attached is the NC SHPO letter to NC DCM dated October
31, 2023 for reference.
2f •�1123:10151
This email is concerning the attached application received by the U.S. Army Corps of Engineers
(USACE) on September 25, 2023, with additional information provided on October 20, 2023, and
again on November 16, 2023. The Corps Action ID Number associated with this project is: SAW-
2023-01896.
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 January 24. 2023.

The proposed project area is not located near a federal channel.
Please provide comments at your earliest convenience or by December 15, 2023.
Thankyou!
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hairCcDusace.army.mil
Work Cell: 910-512-4456
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