20160804 Ver 1_Revised Consistency Determination_20170125

Burdette, Jennifer a
From: Hughes, Emily B CIV USARMY CESAW (US) < [e-mail] >
Sent: Wednesday, January 25, 2017 8:37 AM
To: Govoni, Daniel
Cc: Burdette, Jennifer a
Subject: Eagle Is Dike Raise revised consistency determination_23Jan2017FINAL.docx
Attachments: SIGNED_Eagle Island Dike Raise -Revised Consistency Determination_Jan2017.pdf
Daniel,
Please see attached revised consistency determination for the Eagle Island Improvement Project. A hard copy
will go out I the mail today. The 401 application is pending an analysis of temporary impacts, and will be
submitted to the State as soon as this is complete.
Thank you for your time and consideration.
Sincerely,
Emily
Environmental Resources Specialist
Planning Section, Wilmington District
US Army Corps of Engineers
69 Darlington Ave.
Wilmington, NC 28403
[phone]
[e-mail]
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Environmental Resources Section
Mr. Daniel Govoni
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 24, 2017
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Govoni:
As you are aware, the U.S. Army Corps of Engineers (Corps), Wilmington District,
proposes the construction of dike raises to elevation 50 feet NAVD88 for Cells 1-3 on Eagle
Island in the Cape Fear River, New Hanover and Brunswick Counties, North Carolina. The
project location is shown on Figure 1 and the project area is shown on Figure 2.
The Corps initially submitted a consistency determination to your office on July 28, 2016, in
tandem with the release of the project's draft Environmental Assessment (EA). Our office
received comments from the North Carolina Division of Coastal Management (NCDCM)
requesting information on the impacts to coastal wetlands and the location of mean high water
(MHW). In response to this, the Corps coordinated with Ms. Heather Coats, NCDCM permit
coordinator, to conduct a site visit to specifically identify the areas of concern. Maps classifying
vegetation types within the impact areas were provided which also identified the MHW line
(2 -foot elevation contour). On September 16, 2016, the Corps and NCDCM met onsite and
utilized the maps to ascertain coastal wetland impacts, which were also supported with 2015
ground photography of these locations.
The initial mitigation plan that accompanied the draft EA proposed purchasing 3.04 acres of
coastal wetland credits from the North Carolina Division of Mitigation Services to offset impacts
to approximately 39 acres of tidal wetlands. Impacts have since been recalculated and final
impacts associated with the toe berm construction are 35.45 acres of Phragmites-dominated tidal
freshwater marsh, of which 2.85 acres are located below the MHW line. Impact areas are shown
on Figure 3. The mitigation plan has been revised to include the purchase of 35.5 credits of
riparian/tidal freshwater marsh from the Lower Cape Fear Umbrella Mitigation Bank, Sneeden
Tract, located in the same Hydrologic Unit Code as the project.
In accordance with Section 307 (c)(1) of the Federal Coastal Zone Management Act of
1972, as amended, the Corps has determined that the proposed construction of the dike raises and
toe berm is consistent, to the maximum extent practicable, with North Carolina's Coastal

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Management Program. This determination is based on the review of the proposed project against
the enforceable policies of the State's coastal management program, which are principally found
in Chapter 7 of Title 15A of North Carolina's Administrative Code. Enclosed are the details of
the revised consistency determination, which contains project plans and a supportive narrative.
We request that the NCDCM concur with this revised consistency determination.
Should you have any questions or require additional information, please contact Ms. Emily
Hughes, Environmental Resources Section, at telephone [phone] or by email at
[e-mail].
Sincerely,
Jennifer L. Owens
Chief, Environmental Resources Section
Enclosure

CONSISTENCY DETERMINATION FOR WILMINGTON DISTRICT
U.S. ARMY CORPS OF ENGINEERS
Eagle Island Improvements, Dike Raise to Elevation 50 Feet
Cape Fear River, New Hanover and Brunswick Counties, North Carolina
L Proposed Project Description
The U.S. Army Corps of Engineers (USACE) proposes the construction of dike raises to
elevation 50 feet NAVD88 for Cells 1-3 on Eagle Island in the Cape Fear River, New Hanover
and Brunswick Counties, North Carolina. To ensure dike stability, the 50 -foot dike raise will
require a supportive outer toe berm. This toe berm is projected to impact 35.45 acres of
Phragmites-dominated tidal freshwater marsh. The proposed dike raise will increase disposal
capacity approximately 16 years. The project area is shown on Figure 2.
IL Background
Wilmington Harbor, located on North Carolina's southeast coast, is one of the state's two deep-
water ports and a major contributor to its economy. The Wilmington Harbor project connects
deep water of the Atlantic Ocean with port facilities at Wilmington by way of a 38 -mile -long
channel along the Cape Fear River. The USACE, Wilmington District, is responsible for
maintaining the federally -authorized Wilmington Harbor navigation project. The primary
disposal facility for dredged material from the Upper Harbor reaches of the Wilmington Harbor
is the Eagle Island Confined Disposal Facility (CDF), which is located on the peninsula between
the Cape Fear and Brunswick Rivers, south of U.S. Highway 74/76 (Figure 2). Improvements at
the Eagle Island CDF are required to provide adequate dredged material disposal capacity for
continued maintenance dredging of the Wilmington Harbor navigation project.
III. Existing Conditions
The Eagle Island CDF, which has been the primary disposal site for this dredged material, is
rapidly filling up. Phase I of the Eagle Island Dike Improvement Project is currently underway.
Phase I includes the increase of the dike heights at each of the 3 cells. The existing dikes on
Cell 1 have been raised to elevation 40 feet (NAVD 88), and Cells 2 and 3 are being raised to
42 feet (NAVD 88). Cell 1 is complete and Cells 2 and 3 will be under construction through the
summer of 2018. These dike raises will not increase the footprint of Eagle Island, rather, they
will be done with dike step-ins and raises to the interior of the existing dikes. Although these
improvements will increase disposal capacity, the increased capacity will only last approximately
5-6 years (allowing for at most another 6 dredging and disposal cycles). Therefore, the need
remains for additional dredged material disposal capacity for the Upper Harbor reaches, beyond
the dike raises currently underway.

IV. Alternatives Analysis
As documented in the EA, the only other potentially feasible alternative to the proposed project
(constructing of dike raises and toe berms) is the no action alternative. All alternatives
considered are described in the EA and the no action alternative is discussed below.
The No Action Alternative: The No Action alternative would be the continuance of
currently utilized disposal practices at Eagle Island and completion of the current dike
raises at Cells 2 and 3 to elevation 42 feet NAVD 88. The Cell 1 dike cannot be raised
above 40 feet without the construction of toe berms. Dike raises at Cells 2 and 3 to 42
feet NAVD 88 are being done with step-ins to the interior of the dike. Since toe berms
are not required for this raise, the overall footprint would not change. These
improvements will add approximately one year of capacity for a total of six years of
volume life at Eagle Island. Beyond that time, Eagle Island will no longer have the
capacity to accept dredged material. Therefore, dredging projects that previously
disposed of dredged material at Eagle Island will require transport to another approved
disposal location. Currently, the only disposal area suitable for this fine-grained dredged
material is the Wilmington Ocean Dredged Material Disposal Site (ODMDS). The
ODMDS is located in the Atlantic Ocean, offshore of the mouth of the Cape Fear River,
approximately 38 miles from the upper reaches of the Wilmington Harbor navigation
proj ect.
V. Resource Agency Coordination
The USACE informally coordinated the proposal with local and state agencies early in the design
process. A scoping meeting and site visit were held on March 4, 2015, with the North Carolina
Division of Coastal Management (DCM), the North Carolina Division of Water Resources
(DWR), the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service
(NMFS), the North Carolina Division of Marine Fisheries (DMF), and the North Carolina
Wildlife Resources Commission (WRC). The purpose was to discuss the proposed project and
to assess the potential impact areas for mitigation.
A scoping letter was sent on April 17, 2015, to representatives of the agencies above, as well as,
the North Carolina Division of Cultural Resources. This allowed for a 30 -day comment period
on the project to solicit comments on the proposed project and the mitigation proposal. In
addition, a teleconference was held on April 20, 2015, between the North Carolina Division of
Mitigation Services (NCDMS) and the USACE.
No comments were received on the proposed project design or mitigation proposal during the
scoping process.
A draft EA was prepared and the Public Notice was issued July 29, 2016. The draft EA has been
reviewed by all state, federal and local resource agencies and all comments received are being
addressed in the final EA.
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VI. Mitigation _
The USACE has conducted several coordination meetings with state and federal resource
agencies regarding appropriate mitigation to offset the impacts of the proposed fill. The 35.45
acres of impact are to Phragmites-dominated tidal freshwater marsh. Phragmites are a non-
native aggressive wetland plant that outcompetes native spartina alterniflora and patens, typha
and juncus. As a monoculture, Phragmites provide little habitat and food source for native
species. Because of the lessened adverse environmental impact of filling Phragmites-dominated
marsh, the USACE has determined that a set ratio of 1:1 wetland mitigation is sufficient to offset
the impacts of the proposed project.
The USACE has coordinated with the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB)
to determine the availability of 35.5 credits of riverine/freshwater tidal marsh at their Sneeden
Tract, which is located 5 miles upstream of the project site. Through this process, the USACE
would purchase these credits to offset the loss of wetland function and value of the 35.45 acres of
impacts. This mitigation proposal, revised from the original proposal to purchase 3.04 credits of
coastal marsh through the NCDMS In -Lieu Fee Program, has been coordinated with the
USFWS, NMFS and the WRC, and it was determined that this would mitigate for the loss of
Phragmites wetlands associated with the toe berm construction.
VII. Areas of Environmental Concern
The project area is located in the Cape Fear River and is an area of environmental concern
(AEC) as defined by Section 113A-113 of the North Carolina Coastal Area Management Act
(CAMA). Specifically, the proposed project will be occurring in the estuarine waters and public
trust waters AECs.
The DWR classifies the Cape Fear River at the project site as SA, HQW and the Brunswick
River as SC. The classification definitions are:
• Class SA = Tidal salt waters that are used for commercial shellfishing or marketing
purposes. All SA waters are also HQW by supplemental classification.
• Class SC = All tidal salt waters protected for secondary recreation such as fishing,
boating, and other activities involving minimal skin contact, fish and noncommercial shellfish
consumption, aquatic life propagation and survival, and wildlife.
• High Quality Waters (HQW) = Supplemental classification intended to protect waters,
which are rated excellent based on biological and physical/chemical characteristics, through
Division monitoring or special studies, primary and other functional nursery areas designated by
the Marine Fisheries Commission.
The DMF has classified the project area as a Primary Nursery Area (PNA) (15A NCAC 07H
.0208(a)(4)) and secondary nursery areas defined by rule 15 NCAC 3N .0102(c). The PNA
within the project area has been identified by the Mean High Water (MHW) line, which is also
the 2 -foot elevation contour. The construction of toe berms would impact approximately 2.85
acres of PNA tidal area waterward of MHW surrounding Eagle Island; the majority being on the
west side adjacent to the Brunswick River (Figure 3). To avoid impacts to fisheries within the
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PNA areas, every effort will be made to construct the toe berms outside of the April 1- July 31
anadromous fish window proposed by NMFS in their email dated November 22, 2016. This
should protect species from turbidity and acoustic effects of construction during their upriver
migration. If construction cannot be limited to this timeframe, coordination with environmental
agencies will occur prior to work within these areas.
There is no submerged aquatic vegetation (SAV) adjacent to the proposed toe berms or any
adjacent areas in the Cape Fear or Brunswick Rivers.
Shellfish beds are present in the Cape Fear Estuary; however, they are primarily south of Snows
Cut (Woodward -Clyde Consultants 1980), which is several miles south of the area of potential
effect for the proposed Eagle Island CDF improvements. Therefore, the proposed action is not
expected to impact shellfish beds (15A NCAC .0208(a)(2)).
The project site is not designated as a "Natural and Cultural Resources Area"
(15A NCAC 07H.0501). There are no known cultural resources within the project's area of
effect; therefore, the project is not likely to impact cultural resources. Any cultural resources
encountered during construction would be protected and upon discovery; rapid coordination with
the USACE and the North Carolina Department of Cultural Resources, Underwater Archaeology
Unit would occur.
VIII. Project Conformance with New Hanover and Brunswick Counties and Local Land Use
Plans
The North Carolina Coastal Area Management Act of 1974 was passed in accordance with the
Federal Coastal Zone Management Act. It requires each of the 20 coastal counties to have a
local land use plan in accordance with guidelines established by the North Carolina Coastal
Resources Commission.
Each land use plan includes local policies that address growth issues such as: the protection of
productive resources (i.e., farmland, forest resources, and fisheries), desired types of economic
development, natural resource protection, and the reduction of storm hazards.
The proposal complies with the Brunswick and New Hanover County Land Use Plans (LUPs)
and their goals for developing in accordance with the requirements of CAMA. Both counties are
experiencing rapidly increasing development and economic growth, yet are committed to
protecting water quality, including all coastal wetlands, rivers, streams, and estuaries.
IX. Analysis of the Project in Relation to North Carolina's Coastal Management Program
15A NCAC 07H .0203 identifies the Management Objective of the Estuarine and Ocean System:
It is the objective of the Coastal Resources Commission to conserve and manage estuarine
waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an
interrelated group ofAECs, so as to safeguard and perpetuate their biological, social, economic,
and aesthetic values and to ensure that development occurring within these AECs is compatible
with natural characteristics so as to minimize the likelihood of significant loss of private
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property and public resources. Furthermore, it is the objective of the Coastal Resources
Commission to protect present common-law and statutory public rights of access to the lands
and waters of the coastal area.
The project will not result in the loss of coastal uses. Construction of this project will not
result in significant impacts to coastal resources or prohibit access to coastal resources by the
public. Completion of the dike raise and associated toe berms will allow future maintenance
of the upper Wilmington Harbor to be more feasible, keeping these areas accessible.
15A NCAC 07H.0206 identifies the Management Objective of Estuarine Waters: To conserve
and manage the important features of estuarine waters so as to safeguard and perpetuate their
biological, social, aesthetic, and economic values; to coordinate and establish a management
system capable of conserving and utilizing estuarine waters so as to maximize their benefits to
man and the estuarine and ocean system.
This section also identifies the Use Standards for Estuarine Waters: Suitable land/water uses
shall be those consistent with the management objectives in this Rule. Highest priority of use
shall be allocated to the conservation of estuarine waters and their vital components. Second
priority of estuarine waters use shall be given to those types of development activities that
require water access and use which cannot function elsewhere such as simple access channels;
structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and
mooring pilings.
The project does not violate the management objective and use standards for estuarine waters
in that it involves construction of toe berms to support the improvements of the CDF.
Construction of this project will not have a long-term adverse impact on the estuarine waters.
Completion of the toe berms will permanently impact 35.45 acres of Phragmites-dominated
tidal freshwater marsh, which will be mitigated through the purchase of 35.5 acres of credits
from the LCFUMB, Sneeden Tract.
15A NCAC 07H.0207 identifies the Management Objective of Public Trust Waters: To protect
public rights for navigation and recreation and to conserve and manage the public trust areas so
as to safeguard and perpetuate their biological, economic and aesthetic value.
The project will not result in the loss of coastal uses. Construction of this project will not
result in significant impacts to coastal resources or prohibit access to coastal resources by the
public. Completion of the project will allow for prolonged disposal in the CDF so
maintenance of the federal navigation channel can continue in the most feasible way.
15A NCAC 07H .0209 (c)(2) identifies the Management Objectives for Coastal Shorelines: The
management objective is to ensure that shoreline development is compatible with the dynamic
nature of coastal shorelines as well as the values and the management objectives of the estuarine
and ocean system. Other objectives are to conserve and manage the important natural features
of the estuarine and ocean system so as to safeguard and perpetuate their biological, social,
aesthetic, and economic values; to coordinate and establish a management system capable of
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conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and
ocean system and the people of North Carolina.
The proposed project meets the listed management objectives. The project has been designed
to minimize/avoid adverse environmental impacts, as addressed above.
X. Other Required Approvals
No permits, authorizations, or approvals other than NCDCM concurrence with this consistency
determination are necessary at this time. A Section 401 General Certificate (GC) under the
Clean Water Act of 1977 (P.L. 95-217), as amended, is required for the proposed action, and will
be obtained from the North Carolina Department of Environmental Quality (DEQ) before
construction begins.
XI. Conclusions
The proposed project conforms to the management objectives of 15A NCAC 07H .0203, 15A
NCAC 07H .0206, and 15A NCAC 07H .0209; it will not adversely impact Estuarine Waters and
Public Trust Areas.
The proposed project will not affect any wildlife recognized by the State as species of concern,
will not adversely impact water quality, and will result in minimal, temporary, and short-lived
impacts to fisheries and the aquatic habitat. The proposed project will be undertaken in
compliance with all conditions of DCM recommendations based on concurrence with this
consistency determination. Adherence to these conditions and recommendations will further
minimize adverse biological and environmental impacts to the maximum extent practicable.
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Figure 1. Project Location

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Figure 3. Footprint of the 50' Toe Berms Showing Impacts to Vegetation Type and Areas Below Mean High Water