Public Notice


Published March 20, 2017
Expiration date: 4/19/2017

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Issue Date: March 20, 2017

Comment Deadline: April 19, 2017

Corps Action ID Number: SAW-2005-00748

The Wilmington District, Corps of Engineers (Corps) received an application from the

United States Coast Guard seeking Department of the Army authorization to modify an

existing authorization in order to conduct new dredging within the existing mooring

basin, associated with the US Coast Guard Sector Field Office at Fort Macon, in Carteret

County, North Carolina.

Specific plans and location information are described below and shown on the attached

plans. This Public Notice and all attached plans are also available on the Wilmington

District Web Site at:

Applicant: United States Coast Guard

Captain P.J. Dugan, P.E.

5505 Robin Hood Road, Suite K

Norfolk, Virginia 23513

AGENT: Johnson, Mirmiran & Thompson, Inc. (JMT)

Mr. Jason Evert

952 Houston Northcutt Boulevard, Suite 100

Mt. Pleasant, South Carolina 29464


The Corps evaluates this application and decides whether to issue, conditionally issue, or

deny the proposed work pursuant to applicable procedures of the following Statutory


Section 404 of the Clean Water Act (33 U.S.C. 1344)

Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972

(33 U.S.C. 1413)

US Army Corps

Of Engineers

Wilmington District

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Directions to Site: The project site is located within the existing US Coast Guard Sector

Field Office Fort Macon mooring basin, in Atlantic Beach, Carteret County, North

Carolina. From Morehead City, travel west on US Highway 70 (Arendell Street) to South

24th Street, turn left to take the Atlantic Beach Bridge over Bogue Sound, continue on

Atlantic Beach Causeway and make a left at the stoplight onto NC Highway 58 (East Fort

Macon Road), continue for approximately 3.3 miles, the project site is on the left, just

before Fort Macon State Park.

Project Area (acres): 1.74 acres Nearest Town: Atlantic Beach

Nearest Waterway: Fort Macon Creek River Basin: White Oak

Latitude and Longitude: 34.69761N, -76.68371W

Existing Site Conditions

The project site is located within the existing US Coast Guard Sector Field Office Fort

Macon mooring basin. The site contains existing infrastructure including a road network,

utility lines, a boat ramp, boat slips, parking areas, and multiple structures.

The site is bordered to the north by Morehead City Channel, to the south by Onslow Bay,

to the west by a salt marsh, and by the Fort Macon Visitor and Education Center to the

east. Topography is characterized as relatively flat terrain with elevation at an average of

4 feet above mean high sea level.

Applicant’s Stated Purpose

The applicant proposes to deepen its existing mooring basin in order to homeport two

Sentinel-class Fast Response Cutter (FRC) vessels.

Project Description

The applicant proposes to expand the previously authorized dredge footprint of 2.2 acres

by an additional 0.5 acre and deepen the authorized depth from -12 feet mean low water

(MLW) to -14.5 feet MLW with 1.0 foot allowable over-dredge. The total proposed

amount of material to be removed is approximately 9,000 cubic yards of sand and silt.

The proposed dredge method would be bucket to barge. Dredged material would then be

offloaded from the barge to an onsite, upland site to dewater. Once the material is

sufficiently dry, it would then be transported to an upland disposal location.

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Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or

minimize impacts to the aquatic environment: The mooring basin has been historically

dredged as authorized by previous Department of the Army (DA) authorizations. These

authorizations contained special conditions such as restricting in water work between

February 1 and July 31 to protect anadromous fish, and requiring compliance with

Manatee Guidelines and a section 401 water quality certification. The applicant proposes

to conduct the work in accordance with the previously authorized projects.

Compensatory Mitigation

The applicant offered the following compensatory mitigation plan to offset unavoidable

functional loss to the aquatic environment: Compensatory mitigation is not proposed

based on the nature and location of the work proposed.

Essential Fish Habitat

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this

Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The

Corps’ initial determination is that the proposed project

may affect, but not likely to adversely affect EFH or associated fisheries managed by the

South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine

Fisheries Service.

Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of

33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,

the District Engineer consulted district files and records and the latest published version

of the National Register of Historic Places and initially determines that:

Should historic properties, or properties eligible for inclusion in the National

Register, be present within the Corps’ permit area; the proposed activity requiring

the DA permit (the undertaking) is a type of activity that will have no potential to

cause an effect to an historic properties.

No historic properties, nor properties eligible for inclusion in the National

Register, are present within the Corps’ permit area; therefore, there will be no

historic properties affected. The Corps subsequently requests concurrence from

the SHPO (or THPO).

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Properties ineligible for inclusion in the National Register are present within the

Corps’ permit area; there will be no historic properties affected by the proposed

work. The Corps subsequently requests concurrence from the SHPO (or THPO).

Historic properties, or properties eligible for inclusion in the National Register,

are present within the Corps’ permit area; however, the undertaking will have no

adverse effect on these historic properties. The Corps subsequently requests

concurrence from the SHPO (or THPO).

Historic properties, or properties eligible for inclusion in the National Register,

are present within the Corps’ permit area; moreover, the undertaking may have an

adverse effect on these historic properties. The Corps subsequently initiates

consultation with the SHPO (or THPO).

The proposed work takes place in an area known to have the potential for the

presence of prehistoric and historic cultural resources; however, the area has not

been formally surveyed for the presence of cultural resources. No sites eligible

for inclusion in the National Register of Historic Places are known to be present

in the vicinity of the proposed work. Additional work may be necessary to

identify and assess any historic or prehistoric resources that may be present.

The District Engineer’s final eligibility and effect determination will be based upon

coordination with the SHPO and/or THPO, as appropriate and required, and with full

consideration given to the proposed undertaking’s potential direct and indirect effects on

historic properties within the Corps-indentified permit area.

Endangered Species

Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,

examined all information provided by the applicant and consulted the latest North

Carolina Natural Heritage Database. Based on available information:

The Corps determines that the proposed project would not affect federally listed

endangered or threatened species or their formally designated critical habitat.

The Corps determines that the proposed project

may affect, not likely to adversely affect federally listed endangered or threatened

species or their formally designated critical habitat. The Corps initiates

consultation under Section 7 of the ESA and will not make a permit decision until

the consultation process is complete.

The Corps is not aware of the presence of species listed as threatened or

endangered or their critical habitat formally designated pursuant to the

Endangered Species Act of 1973 (ESA) within the project area. The Corps will

make a final determination on the effects of the proposed project upon additional

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review of the project and completion of any necessary biological assessment

and/or consultation with the U.S. Fish and Wildlife Service and/or National

Marine Fisheries Service.

Other Required Authorizations

The Corps forwards this notice and all applicable application materials to the appropriate

State agencies for review.

North Carolina Division of Water Resources (NCDWR): The Corps will generally not

make a final permit decision until the NCDWR issues, denies, or waives the state

Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt

of the application and this public notice, combined with the appropriate application fee, at

the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a

401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this

request for certification within sixty days of receipt of a complete application. Additional

information regarding the 401 Certification may be reviewed at the NCDWR Central

Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North

Carolina 27604-2260. All persons desiring to make comments regarding the application

for a 401 Certification should do so, in writing, by April 19, 2017 to:

NCDWR Central Office

Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit

(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617

North Carolina Division of Coastal Management (NCDCM):

The application did not include a certification that the proposed work complies

with and would be conducted in a manner that is consistent with the approved

North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2

(b)(2) the Corps cannot issue a Department of Army (DA) permit for the

proposed work until the applicant submits such a certification to the Corps and

the NCDCM, and the NCDCM notifies the Corps that it concurs with the

applicant’s consistency certification. As the application did not include the

consistency certification, the Corps requests, via this Public Notice, concurrence

or objection from the NCDCM.

Based upon all available information, the Corps determines that this application

for a Department of Army (DA) permit does not involve an activity which would

affect the coastal zone, which is defined by the Coastal Zone Management (CZM)

Act (16 U.S.C. § 1453).

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The decision whether to issue a permit will be based on an evaluation of the probable

impacts including cumulative impacts of the proposed activity on the public interest.

That decision will reflect the national concern for both protection and utilization of

important resources. The benefit which reasonably may be expected to accrue from the

proposal must be balanced against its reasonably foreseeable detriments. All factors

which may be relevant to the proposal will be considered including the cumulative effects

thereof; among those are conservation, economics, aesthetics, general environmental

concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain

values (in accordance with Executive Order 11988), land use, navigation, shoreline

erosion and accretion, recreation, water supply and conservation, water quality, energy

needs, safety, food and fiber production, mineral needs, considerations of property

ownership, and, in general, the needs and welfare of the people. For activities involving

the discharge of dredged or fill materials in waters of the United States, the evaluation of

the impact of the activity on the public interest will include application of the

Environmental Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local

agencies and officials, including any consolidated State Viewpoint or written position of

the Governor; Indian Tribes and other interested parties in order to consider and evaluate

the impacts of this proposed activity. Any comments received will be considered by the

Corps of Engineers to determine whether to issue, modify, condition or deny a permit for

this proposal. To make this decision, comments are used to assess impacts on endangered

species, historic properties, water quality, general environmental effects and the other

public interest factors listed above. Comments are used in the preparation of an

Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)

pursuant to the National Environmental Policy Act (NEPA). Comments are also used to

determine the need for a public hearing and to determine the overall public interest of the

proposed activity.

Any person may request, in writing, within the comment period specified in this notice,

that a public hearing be held to consider the application. Requests for public hearings

shall state, with particularity, the reasons for holding a public hearing. Requests for a

public hearing shall be granted, unless the District Engineer determines that the issues

raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to

the proposed work, as outlined above, until 5pm, April 19, 2017. Comments should be

submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington Avenue,

Wilmington, North Carolina 28403 , at (910) 251-4049.