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Home My WebLink About20160801 Ver 1_More Info Letter_20160927REPLYTO ATTENTION OF Wilmington Regulatory Field Office SAW -2016-01642 DEPARTMENT OF THE ARMY Wilmington District Corps of Engineers Regulatory Division 69 Darlington Avenue Wilmington, North Carolina 28403-1343 September 27, 2016 Pete Benjamin, Field Supervisor Attn: Ms. Kathryn Mathews, Fish and Wildlife Biologist Raleigh Ecological Services Field Office U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Roy E. Crabtree, Ph.D., Administrator Protected Resources Division Southeast Regional Office National Marine Fisheries Service 263 13' Avenue South St. Petersburg, Florida 33701 Dear Mr. Benjamin and Dr. Crabtree: RfCEIV,eG1,VCDRRRVDwR SEP 3 ® 7016 wakr Qualit VV, l mom ntl Reg ection on Oce Reference is made to a Department of the Army permit application, submitted by The Town of Ocean Isle Beach, to obtain authorization in order to continue beach nourishment along 27,650 linear feet of the oceanfront shoreline of Ocean Isle Beach. The project is located along the ocean front of Ocean Isle Beach for disposal and borrow from Shallotte Inlet, all in waters of the United States, (Section 404 and Section 10 waters), in the Township of Ocean Isle Beach, Brunswick County, North Carolina. The proposed project has been assigned Action ID #SAW -2016-01642. Based on an evaluation of the project's design and location, and additional information (including biological evaluations, environmental reports, or other studies), the U.S. Army Corps of Engineers (Corps) has determined that this project may affect, but is not likely to adversely affect the following species protected under the Endangered Species Act (ESA) and would not adversely modify their designated critical habitat: Common Name Latin Name Listing Critical Habitat Responsible (CH) Designated Agency in North Carolina Right whale Eubalaena Endangered Yes NMFS glacialis (No adverse modification) Humpback whale Megaptera Endangered No NMFS navaean hae Finback Whale Balaenoptera Endangered No NMFS h Salus Sei Whale Balaenoptera Endangered No NMFS borealis -2 - Sperm Whale Ph seter catodon Endangered No NMFS West Indian Trichechus Endangered No FWS manatee manatus in North Carolina Atlantic sturgeon Acipenser Endangered No NMFS DPS -South oxyrinchus Atlantic Calidris can utus Proposed- No FWS Shortnose sturgeon Acipenser Endangered No NMFS brevirostrum Seabeach Amaranthus Threatened No FWS amaranth umilis Green sea turtle Chelonia mydas Endangered No NMFS- marine/FWS- nesting Loggerhead sea Caretta caretta Threatened Yes NMFS- turtle (No adverse marine/FWS- modification) nesting Hawksbill sea Eretmochelys Endangered No NMFS- turtle imbricata marine/FWS- nesting Kemp's Ridley sea Lepidochelys Endangered No NMFS- turtle kempi marine/FWS- nesting Leatherback sea Dermochelys Endangered No NMFS- turtle coriacea marine/FWS- nesting This may affect, not likely to adversely affect/no adverse modification to species and their designated critical habitat determination is based on the applicant's proposed construction methods, conservation measures, adherence to construction moratoria and specific guidelines. The Corps requests your concurrence on the project's effects on the above listed species pursuant to Section 7 of the ESA of 1973, as amended. Also, based on an evaluation of the project's design and location, and additional information (including biological evaluations, environmental reports, or other studies), the Corps has determined that this project may affect, and is likely to adversely affect the following bird species protected under ESA and may adversely modify their designated critical habitat: Common Name Latin Name Listing Critical Habitat Responsible (CH) Designated Agency in North Carolina Piping plover Charadrius Threatened Yes FWS melodus Rufa Red knot Calidris can utus Proposed- No FWS ru a Threatened -3 - Piping plover Charadrius Threatened Yes FWS melodus Rufa Red knot Calidris canutus Proposed- No FWS ru a Threatened This may affect, likely to adversely affect determination for Piping plover and Red Knot considers the spatial and temporal loss of resting, nesting, and foraging habitat and impacts to food sources and critical habitat in the area. By copy of this letter, we request the initiation of formal consultation, pursuant to 50 CFR §402.14; and additionally request your concurrence, pursuant to 50 CFR §402.12, on the fmdings made in the BA. Your expeditious review and preparation of the attached Biological Opinion (BO) is appreciated. The Corps request opportunity to review the draft BO terms and conditions prior to finalization. Last, the Corps has determined that the project would have no effect on any other federally listed threatened or endangered species, and/or modify their designated critical habitat. If you have any questions regarding this letter, please contact Mr. Tyler Crumbley at the letterhead address, by telephone at 910-251-4170 by fax at 91.Oa251-4025, or by email at: iyler.crumblU@usace.grmy.mil. Sincerely, Scott Cendon Chief, Regulatory Division Enclosures: Project drawings Biological Assessment NMFS Checklist EFH/PNA assessment Copies Furnished (without enclosures): Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Piyers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Heather Coats Division of Coastal Management North Carolina Division of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405