Public Notice


Published June 16, 2014
Expiration date: 7/16/2014

Issue Date: June 16, 2014
Comment Deadline: July 16, 2014
Corps Action ID Number: SAW-2014-00957
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
Joey Daniels, seeking Department of the Army authorization to create 3 new shellfish
lease sites (9.4 acres, 5 acres, 5 acres) by utilizing oyster bags, containers, and cages and
other current methods associated with expansion of a current shellfish operation in
Roanoke Sound, Dare 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: Mr. Joey Daniels
Wanchese Fish Company
Post Office Box 369
Wanchese, North Carolina 27981
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)

Directions to Site: Site A is approximately 2.75 miles south east of Wanchese Seafood
Park, just northwest of Duck Island. Site B is located 1 mile west of Wanchese Seafood
Park. Site C is located 2.05 miles south east of Wanchese Seafood Park.
(Figure 1. Locations Approximate)
Project Area (acres): Site A: 9.4 acres
Site B: 5 acres
Site C: 5 acres
Nearest Town: Wanchese
Nearest Waterway: Roanoke Sound River Basin: Pasquotank
Latitude and Longitude: Site A, 35.8033N, -75.60466W
Site B, 35.840916N, -75.60466W
Site C, 35.8154N, -75.606683W
Version 2.11.2014

Existing Site Conditions
The applicants proposed shellfish leases are located at three sites within the
Roanoke Sound. These sites are located in areas with a hard sandy bottom with an
average water depth less than 2 meters. The North Carolina Division of Marine Fisheries
(NCDMF) has investigated all three sites for shellfish lease suitability. Sparse
submerged aquatic vegetation (SAV) has been found in each proposed location.
According to the “Shellfish Lease Investigation Report” provided by the applicant, Site A
is a suitable area for shellfish cultivation. Site A also contains some patches of SAV
throughout the site. Site B also contained SAV but all samples were 1 to 2 sprigs
according to the NCDMF investigation report and also marked “yes” for “suitability of
area for shellfish cultivation.” Site C also contained 1-2 rooted individual sprigs of SAV
in approximately 9.6% of samples obtained by NCDMF according to their investigation
report. The applicant is seeking Department of the Army authorization at the
recommendation of the North Carolina Division of Marine Fisheries by letter to the
applicant dated March 18, 2014.

Applicant’s Stated Purpose
The purpose of the proposed project is to expand the existing shellfish farm in an
effort to produce more healthy, sustainable products.

Project Description
The proposed activity will be marked and operated in accordance with NCDMF at
3 different locations within the Roanoke Sound. The applicant will use natural shell
substrate to stabilize the seeded oyster spat along bottom portions of each proposed site.
Material will be transported by small boat and barge in accordance with NCDMF
methodologies. Unseeded portions of the lease bottoms will be used for conventional
oyster racks, bags, and cages and other common practices associated with shellfish

Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The applicant will take all necessary steps to avoid damaging the surrounding
ecosystem and all construction/farming methods will be done in accordance NCDMF
best management practices. The applicant states that the activity will provide a filtering
service to the estuary and create habitat for many other species within the area. The
proposed activity is water dependent. 

Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Due to the nature of the activity and the potential benefits to the environment, the
applicant has not offered any compensatory mitigation at this time.

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).
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 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
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 July 16, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699-1650
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
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 will request, upon receipt,, 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).

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, July 16, 2014. Comments should be
submitted to Josh Pelletier, Washington Regulatory Field Office, 2407 West Fifth Street ,
Washington, North Carolina 27889, at (910) 251-4605.