From:                              Wright, Dana <dana_wright@fws.gov>

Sent:                               Thursday, March 09, 2017 11:55 AM

To:                                   Frank Rush

Cc:                                   Teresa Fish; dana.wright@fws.gov; Cynthia Bohn

Subject:                          Re: CBRA Exceptions

 

Hello Frank,

 

Thank you for the discussion this morning regarding the Service's recommended changes to the CBRS near Emerald Isle, North Carolina. As we discussed, the CBRA does not affect federal permitting or environmental studies (as such things are not considered to be "federal expenditures" or "financial assistance" under the CBRA). The CBRA does not restrict projects that do not involve federal funding sources. There is no federal consultation requirement for projects that are conducted with state, local, or private funding sources.

 

As promised, here is a link to a page on our website that describes CBRA's prohibitions on federal expenditures (see the last paragraph):

https://www.fws.gov/ecological-services/habitat-conservation/cbra/Act/CBRAProhibitions.html

 

We discussed the issue of potential FEMA disaster assistance funding for projects involving the removal of sand from a navigation channel at Bogue Inlet for use in nourishing beaches outside of the CBRS. If our final recommended pilot project map for Unit NC-06/NC-06P is adopted by Congress and includes Bogue Inlet within a System Unit, then a federal project in Bogue Inlet would trigger a consultation process with our Raleigh field office. Through that consultation process, our field office would provide an opinion regarding whether the proposed federal expenditure meets one of the exceptions to the CBRA. If none of the CBRA's exceptions are applicable, the proposed project should not proceed with federal funding.

 

If you have additional questions about CBRA consultations or the consultation process for Federally funded projects within the CBRS, I recommend that you contact Cindy Bohn (copied), our Southeast Regional CBRA Coordinator. Her phone number is 404-679-7122 and she is copied on this email. Consultations are a responsibility of our field and regional offices, while CBRS mapping issues are handled by Headquarters.

 

Thank you,


Dana Wright
Program Specialist
Ecological Services
U.S. Fish & Wildlife Service
5275 Leesburg Pike, MS: ES
Falls Church, VA 22041
703-358-2443 (office)
703-358-1800 (fax)

 

 

On Thu, Mar 9, 2017 at 8:34 AM, Frank Rush <frush@emeraldisle-nc.org> wrote:

Terri –

 

Thanks for talking with me this morning, and for passing this along to me.  This is helpful, but I’m not certain how it would apply to a locally-sponsored project that is permitted by the Federal and State agencies, potentially involving Federal funds (received through FEMA reimbursement after a declared disaster). 

 

As I mentioned, there are several things in play for the Town of Emerald Isle in Bogue Inlet –

 

1) the Bogue Inlet navigation channel is a Federal channel, and is still maintained by the Corps of Engineers, but because they generally have no funding the State and local governments are / have been paying for that work for the past decade+, 

 

2) the Town was recently issued its own permit for this navigation dredging work in the future (in case the Corps’ sidecast dredge is eliminated), and the permit essentially mimics the existing Corps of Engineers authorization,  and

 

3) the Town and Carteret County have been working for the past several years on a long-term, programmatic EIS and 50-year permit authorization (which we expect to receive later this year or next year) to manage the main ebb channel in Bogue Inlet by periodic dredging of a new channel in the inlet complex to promote a stable channel location near the center of the complex - with use of the dredge spoils to nourish the ocean beach outside of the proposed system unit boundaries (similar to a previous successful 2005 project completed by the Town). 

 

These projects are absolutely critical to the Town’s future shoreline stability and economic success, and we are concerned that the proposed expansion of the system unit will negatively impact the Town’s ability to complete these critical projects in the future. 

 

I look forward to talking with Dana Wright soon.

 

Thanks,

 

Frank

 

 

 

____________________

Frank A. Rush, Jr.

Town Manager

Town of Emerald Isle

7500 Emerald Drive

Emerald Isle, NC  28594

 

252-354-3424  Office

252-241-6995  Mobile

252-354-5068  Fax

 

frush@emeraldisle-nc.org

www.emeraldisle-nc.org

 

 

Nice Matters!

 

From: Teresa Fish [mailto:teresa_fish@fws.gov]
Sent: Thursday, March 09, 2017 8:18 AM
To: Frank Rush <frush@emeraldisle-nc.org>
Subject: CBRA Exceptions

 

Hi Mr. Rush,

 

As you requested, here is a link to our webpage listing all the exceptions to federal expenditures in the CBRS.

 

https://www.fws.gov/ecological-services/habitat-conservation/cbra/Consultations/Limitations-and-Exceptions.html

 

I’ll have Dana Wright call you to discuss your questions about the dredging and the beach nourishment projects for Emerald Isle. Her contact information is (703) 358-2443 and her email is dana.wright@fws.gov.

 

Thanks,

Terri Fish

Program Specialist

Ecological Services

U.S. Fish & Wildlife Service

5275 Leesburg Pike

Falls Church, Virginia 22041

(703) 358-2160 | teresa_fish@fws.gov