20181527 Ver 1_Conservation Recommendations SAW-2018-01501_20190225

Strickland, Bev
From: Weychert, Curtis R
Sent: Monday, February 25, 2019 1:30 PM
To: Mairs, Robb L
Subject: FW: [External] NMFS EFH conservation recommendations for Logan Development
SAW -2018-01501
Attachments: LoganDevelopment-ShoalsAtLeasWaterfront_2018_01501_EFH_FINAL.pdf
From: Pace Wilber - NOAA Federal <[e-mail]>
Sent: Thursday, February 21, 2019 12:03 PM
To: [e-mail]
Cc: Pete Benjamin <[e-mail]>; Huggett, Doug <[e-mail]>; Weychert, Curtis R
<[e-mail]>; Bowers, Todd <[e-mail]>; David Dale <[e-mail]>; Twyla
Cheatwood - NOAA Federal <[e-mail]>; Fritz Rohde - NOAA Federal <[e-mail]>
Subject: [External] NMFS EFH conservation recommendations for Logan Development SAW -2018-01501
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UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South
St. Petersburg. Florida 33701-5505
http:ftsero. n rnfs. noaa.gov
February 21, 2019 F/SER47:TC/pw
Colonel Robert J Clark, Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Emil
Dear Colonel Clark:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID:
SAW -2018-01501 dated January 4, 2019. Logan Development, Inc., proposes to construct a
private residential subdivision, known as Shoals at Lea's Waterfront, with associated
infrastructure and amenities adjacent to the Atlantic Intracoastal Waterway (AIWW) about 1.5
miles from New Topsail Inlet, Pender County. Project elements most important to the NMFS
include an upland -cut, 75 -slip marina basin; an upland -cut channel to access the new basin; a
bulkhead for stabilizing the shoreline; a new channel dredged from shallow -water habitat; and
maintenance dredging of the existing and new channels and basins after initial construction. The
Wilmington District's initial determination is the proposed project may affect but is not likely to
affect adversely essential fish habitat (EFH) or associated fisheries managed by the South
Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council
(MAFMC), or the NMFS. As the nation's federal trustee for the conservation and management
of marine, estuarine, and diadromous fishery resources, the NMFS provides the following
comments and recommendations pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act
(Magnuson -Stevens Act).
On January 29, 2019, the NMFS responded to this public notice indicating any adverse effects
occurring from the project to NOAA-trust resources would be minimal. Subsequently, the
NMFS became aware of additional impacts not considered during the initial review.
Accordingly, the NMFS replaces the letter dated January 29, 2019, with this letter.
Existing conditions at the site include an upland -cut basin, approximately 560 feet long and
varying in width from approximately 75 feet near the mouth to 60 feet near the landward end,
and a channel, approximately 850 feet long, connecting the basin to the AIWW. A few, small
docks occur in the basin. The applicant's proposed 75 -slip docking facility, measuring 367 feet
in length by 264 feet in width, would begin about 300 feet landward of the end of the existing
basin and a new upland -cut channel would connect the landward end of the existing basin to the
75 -slip docking facility. To stabilize the shoreline, primarily within these newly cut areas, the
applicant would install approximately 2,800 linear feet of new sheet -pile bulkhead. Project

drawings (sheet 6 of 17) show the bulkhead extending to about 75 feet of apparently natural but
disturbed shoreline fronting the AIWW. The applicant proposes minor deepening of the channel
connecting the existing basin and AIWW. Project drawings and narrative describe a depth of -6
feet MLW, whereas the North Carolina Division of Coastal Management indicates past permits
authorized depths of -5 feet MLW.
In addition to the above and of most concern to the NMFS, the applicant proposes a new
channel, 778 feet long, 40 feet wide, and also at a depth of -6 feet MLW, close to and paralleling
the shoreline, presumably so that lots 41 to 49 can construct docks with deep -water access at a
later time. This new channel would connect to and be perpendicular to the current access
channel. The NMFS does not recall discussion of this project element during the pre -application
meeting on July 27, 2018. Some project documents refer to this new channel as the "North
Channel," and the NMFS will use this term below. Based on staff knowledge of the area and
reports from other agencies, the NMFS believes oyster aggregations and submerged aquatic
vegetation (SAV) occur near the proposed North Channel.
The proposed dredging of the North Channel would disturb approximately 31,120 square feet
(0.714 acres) of shallow bottom habitat within close proximity to a coastal inlet, oyster
aggregations, and SAV. The SAFMC identifies shallow sub -tidal bottom in estuarine waters as
EFH for penaeid shrimp and estuarine -dependent species of the snapper -grouper complex. The
MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and
bluefish. The SAFMC and MAFMC designate these areas as EFH because larvae and juveniles
concentrate and feed extensively and shelter within these habitats. Consequently, growth rates
are high and predation rates are low, which makes these habitats effective nursery areas,
especially when the habits occur in close proximity to coastal inlets. The SAFMC designates
coastal inlets, oyster aggregations, and SAV as Habitat Areas of Particular Concern (HAPCs).
HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation,
especially important ecologically, or located in an environmentally stressed area. Other species
of commercial or recreational importance found in the project area include red drum, Atlantic
croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and
blue crab. A number of these species serve as prey for fish that are managed by SAFMC (e.g.,
king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS
(e.g., billfishes and sharks). The SAFMC provides additional information on EFH and federally
managed species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region 1 and
the Users Guide to Essential Fish Habitat Designations by the South Atlantic Fishery
Management Counci12. Detailed information about the EFH requirements of species managed
by MAFMC are included in separate amendments to individual fishery management plans and in
technical reports prepared by the NMFS Northeast Fishery Science Center3.
The NMFS opposes construction of the North Channel. The public notice neither includes the
applicant's justification for the channel nor describes measures the applicant would take to
minimize impacts to nearby nursery habitat from dredging this channel.
' Available at http://http://safmc.net/fishery-ecosystem-plan-ii-introduction/
'Available at http://http:Hsafmc.net/download/SAFMCEFHUsersGuideFinalRevAugl7.pdf
3 Available at https://www.nefsc.noaa.gov/nefsc/habitat/efh/
2

EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• The permit should not include dredging a new channel within the AIWW (i.e., the North
Channel). Dredging should be restricted to upland -cut areas and the access channel
linking those areas to the AIWW.
• The permit should not include widening the existing access channel. The NMFS has no
objection to the proposed minor deepening provided the deepening does not cause
sloughing that, in effect, widens the channel.
• Maintenance dredging should occur from October 1 to March 31 to protect juvenile
shrimp and finfish using the shallow bottom habitat.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR
600.920(k), requires the Wilmington District to provide a written response to the EFH
recommendations within 30 days of receipt. If it is not possible to provide a substantive
response within 30 days, in accordance with the "findings" between the NMFS and Wilmington
District, an interim response should be provided. A detail response must then be provided prior
to final approval of the action. The detailed response must include a description of measures
proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the
activity. If the Wilmington District's response is inconsistent with the EFH conservation
recommendations, the District must provide a substantive discussion justifying the reasons for
not following the recommendations. The detail response should be received by the NMFS at
least ten days prior to final approval of the action.
Thank you for the opportunity to provide these comments. Related questions or comments
should be directed to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101
Pivers Island Road, Beaufort, North Carolina 28516-9722, or at [phone]
/ for
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDMF, [e-mail]
EPA, [e-mail]
F/SER4, [e-mail]
F/SER47, [e-mail]
Sincerely,
f'nJ,J l.0 vV A
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division