20240237 Ver 1_More Info Received_20240320 (2)

"T OPT,, UNITED STATES DEPARTMENT OF COMMERCE
W �$ National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
cy Southeast Regional Office
"Fo 263 13th Avenue South
6'4rE$ o* St. Petersburg, Florida 33701-5505
https://www.fisheries.noaa.gov/region/southeast
March 19, 2024 F/SER47:FR/pw
(Sent via Electronic Mail)
Colonel Brad Morgan, Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Sarah Hair
Dear Colonel Morgan:
NOAA's National Marine Fisheries Service (NMFS) reviewed the notice for Action ID No. SAW-2024-
00312, sent to us on February 14, 2024. The applicant, Alton Hedgepeth, proposes to expand and
existing docking facility within the waters of Bogue Sound, Carteret County. The Wilmington District's
initial determination is the proposed project may adversely affect essential fish habitat (EFH) or
associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), Mid -
Atlantic Fishery Management Council (MAFMC), or the NMFS. As the nation's federal trustee for the
conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS
provides the following comments pursuant to authorities of the Fish and Wildlife Coordination Act and
the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act).
The applicant proposes to extend an existing 130-foot access pier by 200 feet for a total length of 330
feet, terminating at a T-head platform (200 square feet) in water depths measuring -3 feet NLW. The
width of the existing access pier measures 5 feet, and the width of the proposed pier extension would also
be 5.0 feet. The applicant will use standard hog slat for the decking. The lengthened walkway would
span seagrass and shallow -water habitat.
The SAFMC identifies seagrass and sub -tidal bottom in estuarine waters as EFH for penaeid shrimp and
estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). SAFMC identifies
these areas as EFH because shrimp and fish concentrate in these habitats for feeding and refuge and
experience high growth and survival rates when occupying these habitats. The SAFMC also identifies
seagrass as a Habitat Area of Particular Concern (HAPC) for shrimp and estuarine fishes. HAPCs are
subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important
ecologically, or located in an environmentally stressed area. The SAFMC provides detailed information
on the EFH requirements of managed species and HAPCs in a comprehensive amendment to its fishery
management plans, Fishery Ecosystem Plan of the South Atlantic Region, and Users Guide to Essential
Fish Habitat Designations by the South Atlantic Fishery Management Council. The MAFMC designates
estuarine waters as EFH for summer flounder and bluefish. Detailed information about the EFH
requirements of species managed by MAFMC are included in separate amendments to individual fishery
management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center.
Other species of commercial or recreational importance found in the project area include red drum, cobia,
southern flounder, Atlantic croaker, spot, spotted seatrout, Atlantic menhaden, bay anchovy, striped
mullet, weakfish, and blue crab. A number of these species serve as prey for fish the SAFMC, MAFMC,
or NMFS manage. The Atlantic States Marine Fisheries Commission identifies seagrass as a Habitat of
Concern for several of these species.
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NMFS supports the applicant's effort to move the dock to deeper water. Our concern is the shading of
seagrass habitat and physical disturbance of the habitat from construction. The height, width, and
materials of a dock walkway affect shading. Recommended designs developed by the U.S. Army Corps
of Engineers and NMFS for Florida are applicable to the applicant's project due to the similar tidal range
and light requirements of the seagrass species'. The width of the walkway should be no more than 4.0
feet and the minimum elevation should be 5.0 feet above MHW/NHW. Additionally, the portion of the
walkway traversing seagrass habitat should use light -transmitting materials with a minimum open space
of forty-three (43) percent.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH Conservation
Recommendations for any federal action or permit which may result in adverse impacts to EFH.
Therefore, NMFS recommends the following to ensure the conservation of EFH and associated fishery
resources:
• The permit should require a dock design that minimizes shading impacts to seagrass for the
portions built within seagrass habitat.
• If practicable, the dock should be built without using barges or other vessels likely to physically
disturb the bottom during construction and when accessing the location. If this is not practicable,
the permit should require establishing a marked corridor for the vessels that traverses the last
amount of seagrass possible and the permit should limit vessels to this corridor.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section
600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of
its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the
"findings" with the Wilmington District, an interim response should be provided to the NMFS. A
detailed response then must be provided prior to final approval of the action. The detailed response must
include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the
adverse impacts of the activity. If the response is inconsistent with the EFH conservation
recommendation, the Wilmington District must provide a substantive discussion justifying the reasons for
not following the recommendation.
Thank you for the opportunity to provide these comments. Please direct related questions or comments to
the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North
Carolina 28516-9722 or at [e-mail].
cc: COE, [e-mail]
NCDCM, [e-mail]
NCDMF, [e-mail]
F/SER47, [e-mail]
Sincerely,
Digitally signed by
WILBER•THOMAS•PA WILBEKTHOMAS.PAYSON.13658
YSON.1365820186 20186
/for Date: 2024.03.19 08:00:19-04'00'
Virginia M. Croom
Assistant Regional Administrator
Habitat Conservation Division
USFWS, [e-mail]
NCDWR, Holley. [e-mail]
EPA, [e-mail]
' See "Other Permitting Factors" at https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/
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