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Home My WebLink About20061109 Ver 1_USACE Correspondence_200609120-T F o6--tto9 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division September 1, 2006 Action ID No. Saw-2006-32573-016, Bogue Banks Post-Ophelia Beach Nourishment, Towns of Pine Knoll Shores, Indian Beach, and Emerald Isle in Carteret County, North Carolina. J.W Forman, P.E. Principal Engineer Coastal Science & Engineering P.O. Box 1643 I Morehead City, NC 28557 Dear Mr. Forman: I U V o, t? SEP 1 2 2000 14?T ri QUALITY Reference our Public Notice dated July 5, 2006 describing your proposal to excavate by hydraulic dredge up to 1;107,560 cy of beach-quality sediment from the Offshore Dredged Material Disposal Site (ODMDS), situated -2 miles offshore of Atlantic Beach, by hopper dredge and pump this material via submerged pipe to the beach. The FEMA-approved renourishment area will consist of approximately five reaches totaling up to 54,658 ft (cumulative) along Bogue Banks in Carteret County, North Carolina. The public comments on this project that have been received by this office are enclosed and briefly summarized as follows: a. Letter dated August 1, 2006 from the National Marine Fisheries Service (NMFS) stating that any take of sea turtles and shortnose sturgeon by the hopper dredge shall be counted against the US Army Corps of Engineers South Atlantic Division per-fiscal year limit on sea turtles and shortnose sturgeon, as authorized by the 1997 Regional Biological Opinion. In addition, the NMFS states that consultation with the NMFS is not necessary. However, consultation must be reinitiated if a take occurs or new information reveals effects of the action not previously considered, or the identified action is subsequently modified in a manner that causes an effect to a listed species or critical habitat in a manner designated that may be affected by the identified action. b. Letter dated August 7, 2006 from the North Carolina Wildlife Resources Commission (NCWRC) stating that the NCWRC does not object to the proposed project. The NCWRC stated it has concerns that annual nourishment projects would affect the recovery of swash zone invertebrate populations between frequent nourishment events. In addition, the NCRC stated that any anticipated work outside the proposed moratorium, November 15 thru March 3151, should be addressed now. Lastly, the NCWRC stated that safeguards should required by the Corps to ensure the material pumped to the beach is beach compatible. c. E-mail dated August 31, 2006 from the U.S. Army Corps of Engineers, Wilmington District, Technical Services Division, Planning and Environmental Branch (TSD, P&E), stating two concerns. First, sea turtles have been taken by hopper dredges in the vicinity of Beaufort Inlet on multiple occasions. TSD, P&E is very concerned that work outside of the time period of 1 January - 31 March could result in a significant take of sea turtles. Second, Corps Headquarters recently mandated Silent Inspectors be used on all Corps hopper dredging work. It is the understanding TSD, P&E that this mandate applies to all work conducted or authorized by the Corps. These comment letters are provided to allow you an opportunity to respond before we proceed toward a permit decision. With regards to sea turtle takes, based on the data provided, we recommend that you consider revising your proposed project to begin dredging at a later date. With regards to the Silent Inspector, we are currently researching this potential requirement and have not made final decision on this matter. 4634. Should you have any questions please contact the undersigned at telephone (910) 251- Sincerely, V?s David L. Timpy, Project Manager Wilmington Regulatory Field Office Enclosures Copies Furnished (without enclosure): Frank Rush, Town Manager 7500 Emerald Isle Drive Town of Emerald Isle Emerald Isle, NC 28594 Betty Carr, Town Administrator 100 Municipal Circle Pine Knoll Shores, NC 28512 2 Beverly Bigley, Town Administrator P.O. Box 306 Salter Path, NC 28575 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 s. Cyndi Karol y ? 'Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ron Sechler National Marine Fisheries Service 101 Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 3