20130963 Ver 3_USACE Correspondence_20170914

Strickland, Bev
From:
Folta, Christine W CIV USARMY CESAW (US) <[e-mail]>
Sent:
Thursday, September 14, 2017 7:51 AM
To:
Higgins, Karen; Huggett, Doug
Cc:
Hair, Sarah E CIV CESAW CESAD (US)
Subject:
2017-01680 Morehead City Port Letter
Attachments:
2017-01680 Morehead City Port.pdf
Please see attached.
Thanks, Christy
Christy Folta
Regulatory Program Technician
U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington NC, 28403
[phone] (Ph)
[phone] (Fax)
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
} September 13, 2017
Wilmington Regulatory Field Office
Action ID No. SAW -2017-01680 Morehead City Port/ Berths 1-9/Turning Basins
Roy E. Crabtree, Ph.D, Administrator
Protected Resources Division
Southeast Regional Office
National Marine Fisheries Service
263 131 Avenue South
St. Petersburg, Florida 33701
Dear Dr. Crabtree:
Reference is made to a Department of the Army permit modification request submitted by the
N.C. State Ports Authority (NCSPA) to perform agitation dredging and Water Injection Dredging (WID)
by jet scour in the Port of Morehead City Berths 1-9 and Turning Basins to maintain authorized depths.
These areas are located within the Newport River (see attached map).
The applicant (NCSPA) proposes to modify the existing, previously approved dredging
methodology to include Agitation dredging (sled dragging) and also conduct Water Injection Dredging
(WID) or jet scour, to maintain authorized shipping berths and turning basins year round. The project has
a multiple previous Action IDs including but not limited to: SAW- 2010-00095, SAW -2013-01747,
SAW -1996-03575, SAW -2014-02218, and State Permit No.51-87. The project encompasses the Port of
Morehead City existing barge berths 1-3, the east turning basin, berths 4-9, west turning basin, barge
fleeting areas (north and east), and the barge dock and aviation fuel terminal (Radio Island side), within
the Newport River, Morehead City, Carteret County, North Carolina.
The proposed dredging at the berths and turning basins consists of open water impacts to
approximately 10,282,000 sf of previously impacted, sand and silt bottom habitat and downstream
receiving waters. Dredging depths will not exceed -42ft (plus T over -dredge) below MLW, as currently
authorized in berths 1-3 and the east turning basin; -35ft (plus 2' over -dredge) below MLW in berths 4-9,
the west turning basin, and barge fleeting area; -12 feet (plus T over dredge) at the barge dock; and -38ft
(plus T over -dredge) along the Radio Island aviation fuel terminal.
The previously authorized dredging methodologies include hydraulic cutter head dredging,
mechanical, and Emergency Agitation Maintenance Dredging (AMD) also known as sled dragging or bed
leveling. The Port of Morehead City (POMC) proposes to utilize AMD and now Water Injection
Dredging (WID) as dredging methods to supplement the Wilmington District USACE periodic
maintenance dredging.
Maintenance dredging of the federal channel and turning basin is typically performed by the
Wilmington District USACE. A large hydraulic cutter head dredge, or hopper dredge, is usually
contracted by the USACE, and is used annually for maintenance dredging of the harbor and turning basin.
This would include annual dredging of berths of the NCSPA. Disposal has historically been to the
nearshore area, the Brandt Island disposal area, or ODMDS, depending on the presence of nesting shore
birds, and beach disposal, if the material is compatible. Both mechanical dredging and hydraulic cutter

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head dredging are typically employed for new construction or berth dredging. However, these methods
are also included in the maintenance dredging permits to allow for some flexibility in the use of the most
cost effective method. This Proposed Action is considered similar to agitation dredging methods as
permitted for the Port of Wilmington (POW), and other marine terminals (USACE - GP 291 dated 2014).
Unlike agitation dredging that disperses the sediment into the whole water column; WID fluidizes
sediment into a narrow controlled density gradient that remains just above the bed. As such, the overlying
water layers are not affected by WID. On falling tides, the dense plume would be carried into the federal
channel and river downstream of the port.
Analysis of Potential Routes of Effects to Species
The Action area is located in the Morehead City Port in the Newport River, in between Bogue
Sound and the Atlantic Ocean. Substrate in the Morehead City Harbor anchorage and turning basins and
within the dredging prisms of the terminal berths consists of silts and sands. The Action Area may contain
foraging and migration habitat for the Atlantic and shormose sturgeons, green, loggerhead, Kemp's
ridley, leatherback, and hawksbill turtles. Sturgeon and turtle species may use the project area and
vicinity for feeding and as a potential pathway to upstream spawning areas. A more detailed description
of the affected area is available in the attached CAMA Application and abbreviated Biological
Assessment.
Due to high salinities and lack of appropriate spawning habitat, only adult and juvenile life
stages of sturgeon could occur within the affected area, as eggs and larvae would not be present.
Dredging effects on sturgeon may include abrasion of gills from sediment suspension, reduction in
Dissolved Oxygen, a temporary loss of the benthic community food source within the dredging footprint,
and degradation in the benthic foraging habitat down current due to the deposition of suspended sediment.
North Carolina's sounds and estuaries provide developmental and foraging habitat for most post -pelagic
juvenile loggerhead, green and Kemp's ridley turtles. Large numbers of loggerhead, green, and Kemp's
ridely turtles are incidentally captured during commercial fishing activities each year in the Pamlico -
Albemarle estuarine system, located approximately 22 -miles northeast of the action area. Leatherback and
hawksbill turtle sitings are a rare occurrence in North Carolina waters, as they rarely enter inshore waters.
A more detailed description of the potential effects to species is available in the attached CAMA
Application and Biological Assessment. Proposed WID activities will not result in changes to the type of
bottom habitat present as dredging of the area has been occurring on a yearly and sometimes quarterly
basis.
Conservation Measures
The following conservation measures are proposed by the applicant as means of mitigating any
direct or indirect effects on the subject sturgeon species or proposed Critical Habitat.
• All proposed activities will take place on falling tide events only.
• Best management practices will be used throughout operations to minimize turbidity and
any indirect effects on listed species.
• The contractor will implement and strictly adhere to United States Fish and Wildlife
Service's manatee guidelines.
• Multiple dredging activities will not occur within 5,000 feet of each other.
• Proposed actions will only occur during the allowable dredging window (1 August
through 31 March)

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Effect Determinations
Based on an evaluation of the project's design and location, and additional information (including
attached biological evaluations, environmental reports, or other studies), the 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) or adversely modify their proposed Critical Habitat:
The Corps has determined that the project would have no effect on any other threatened or
endangered species that are managed by the National Marine Fisheries Service, and would not modify
their designated critical habitat.
Concurrence Request
With the above determination, the Corps requests your concurrence pursuant to Section 7 of the
ESA of 1973, as amended. Please reference the attached project descriptions and Biological Assessment,
which was the basis of our determinations.
1 North Atlantic and South Atlantic DPS
2 Northwest Atlantic Ocean DPS
3 Activities occurring within river and in -shore habitats in the action area may affect Atlantic sturgeon from the
Carolina and South Atlantic DPS; however, Atlantic sturgeon from all DPS may be affected in off -shore waters
within the action area.
ESA
Most Recent
USACE Effect
Listing
recovery plan
Determination
Species
Status
Listing Rule/Date
date
(Species)
81 FR 20057/
Green turtle
T
Aril 6, 2016
October 1991
NLAA
Kemp's ridley
35 FR 18319/
turtle
E
December 2, 1970
September 2011
NLAA
Loggerhead
76 FR 58868/
turtle
T
September 22, 2011
January 2009
NLAA
35 FR 8491/
Leatherback turtle
E
June 2, 1970
Aril 1992
NE
35 FR 8491/
Hawksbill turtle
E
June 2, 1970
December 1993
NLAA
Shortnose
32 FR 4001/
sturgeon
E
March 11, 1967
December 1998
NLAA
77 FR 5914/
Atlantic stur eon3
E
February 6, 2012
N/A
NLAA
The Corps has determined that the project would have no effect on any other threatened or
endangered species that are managed by the National Marine Fisheries Service, and would not modify
their designated critical habitat.
Concurrence Request
With the above determination, the Corps requests your concurrence pursuant to Section 7 of the
ESA of 1973, as amended. Please reference the attached project descriptions and Biological Assessment,
which was the basis of our determinations.
1 North Atlantic and South Atlantic DPS
2 Northwest Atlantic Ocean DPS
3 Activities occurring within river and in -shore habitats in the action area may affect Atlantic sturgeon from the
Carolina and South Atlantic DPS; however, Atlantic sturgeon from all DPS may be affected in off -shore waters
within the action area.

CL'
If you have any questions regarding this letter, please contact Ms. Liz Hair at the letterhead
address, by telephone at 910-251-4049 by fax at 910-251-4025, or by email at:
[e-mail].
Sincerely,
Eric G. Reusch
Chief, Wilmington Regulatory Field Office
Enclosures:
CAMA Application
Biological Assessment
Electronic Copy Furnished (without enclosures):
NCDWR; Ms. Karen Higgins
NCDCM; Mr. Doug Huggett