20051461 Ver 1_USFWS Comments_20050913

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Ralei-h, North Carolina 27636-3726
September 6, 2005
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
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Subject: Action ID # 200501090; Widgeon Creek Hunt Club, LLC, Davis, Carteret County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public
Notice (PN), dated August 9, 2005. The applicant, Widgeon Creek Hunt Club, LLC, has applied for a
Department of the Army (DA) permit to restore and improve four waterfowl impoundments. The
proposed work is being considered under Regional General Permit #198000291, a permit/processing
agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act
(CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act
(FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-6674). Comments related to the FWCA are to be used
in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest
review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments
are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of'
the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
Project Area, Proposed Activities, and Anticipated Impacts
The project area, proposed work, and anticipated impacts area are discussed in the Field Investigation
Report (FIR), dated, July 29, 2005, of the North Carolina Division of Coastal Management (NCDCM).
The project area is a 685-acre tract of diked waterfowl impoundments near the community of Davis. The
four water fowl impoundments are surrounded by dikes extending to approximately three feet above mean
high water (MHW). The existing flashboard risers are used to control water levels between the
impoundments and serve to manage the habitat such as the growth of submerged aquatic vegetation,
salinity, and other factors for the benefit of waterfowl and shorebirds.
The applicant proposes to raise the grade on two impoundment dikes to the elevation of the other
surrounding dikes by excavating the bottom of the impoundments. Rip-rap would be installed along a 75-
foot section of one impoundment. Five flashboard risers would be installed to control water levels
between the four impoundments.
The FIR states that the proposed work would dredge 90 square feet (ft) of vegetated wetlands.
Additional dredging of shallow bottoms would impact over 28,700 ft'`. Approximately 225 ft' of shallow
bottoms would be filled by rip-rap.
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Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species known to
occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage
Program (NCNHP) database which contains excellent data on the special status species, both federal and
state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey
(USGS). Data from USGS quads provide the most project-specific information on species which should
be considered in permitting this project. The project area is located in the Davis quad. Occurrence data
of special status species within these quads can be obtained on the internet at <
11tip://www.iicnli12.ors/Pages/iierita,iedata.httnl >.
Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the
project area. Therefore, the Service would concur with a determination by the District Engineer that the
action is not likely to adversely affect species designated as threatened, endangered, or their designated
critical habitat. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled.
However, the Corps must reconsider its obligations under section 7 of the ESA if. (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner which was not considered in
this review; or, (3) a new species is listed or critical habitat determined that may be affected by the
identified action.
Service Concerns and Recommendations
While the Service seeks to prevent the loss of any wetland area, the impact of the proposed work would
be a net gain for fish and wildlife resources. Overall, the Service does not believe the activities described
in the PN and FIR would have significant adverse and/or irreversible effects on fish and wildlife
resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under our
jurisdiction, to the issuance of a DA permit for the proposed activities.
The Service appreciates the opportunity to comment on this PN. If you have questions regarding these
comments or wish to discuss the development of the coordinated federal position, please contact Howard
Hall at 919-856-4520, ext. 27 or by e-mail at < [e-mail] >. Please provide this office with a
copy of the coordinated federal position, if one is developed.
Si cc ,
J
Peter Bk?i j main
Ecological Services Supervisor
cc:
John Stanton, U. S. Fish and Wildlife Service, Manteo, NC
Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA
Ron Sechler, NOAA Fisheries, Beaufort, NC
Maria Tripp, NC Wildlife Resources Commission, Washington, NC
Ted Tyndall, NC Division of Coastal Management, Morehead City, NC
John Donley, NC Division of Water Quality, Raleigh, NC