07 - Attachment N - Shrewsbury River FNC FY23_EFHcommentform.pdf

Federal Interagency Comment Form

Date: 5/18/22

Project: USACE New York District

Commenting Agency: NOAA Fisheries, Greater Atlantic Regional Fisheries Office (GARFO), Habitat and Ecosystem Services Division (HESD)

Action Agency Project Manager: Amy Mistry

Waterway: Shrewsbury River & Navesink River, Atlantic Ocean

Activity: Maintenance dredging of the Federal Navigation Channel with nearshore placement off Sandy Hook, beach nourishment on Monmouth Beach, and upland disposal.

ESSENTIAL FISH HABITAT (EFH)

Project may adversely affect EFH.

ESSENTIAL FISH HABITAT CONSERVATION RECOMMENDATIONS: (Note: EFH CRs require a response from the federal action agency within 30 days of receipt or 10 days before a permit is issued if CRs are not included as a special condition of the permit. In addition, a distinct and further EFH consultation must be reinitiated pursuant to 50 CFR 600.920 (j) if new information becomes available, or if the project is revised in such a manner that affects the basis for the above EFH determination or EFH conservation recommendations.)

1. Avoid dredging in all of the project area from January 1 through May 31 to minimize impacts to ingressing and spawning adult winter flounder and their early life stages (i.e., eggs, larvae)

2. Avoid dredging from March 1 through June 30 within the North Branch of the Shrewsbury River (i.e., Navesink River) and between March 1 and May 31 for the entrance channel. Migrating anadromous fish such as alewife and blueback herring, collectively river herring, are prey items for federally managed species such as juvenile bluefish, windowpane flounder, and summer flounder.

3. For areas located near SAV:

a. Dredging should be avoided between April 15 through October 15 (the SAV growing season).

b. Should the applicant need to dredge during the SAV growing season of any given year, a visual survey should first be conducted to document presence/absence of SAV within 500 feet of any area to be dredged. A minimum buffer between dredging area(s) and the edge of any SAV bed should be maintained between April 15 and October 15 of any year. The appropriate buffer is 250 feet if the sediments are 95% sand and 500 feet if less than 95% sand.

c. Barges should not be moored in SAV and waterborne equipment should float during all stages of the tide.

4. For areas located adjacent to wetlands or mudflats:

a. Maintain a minimum of 25-foot buffer between the top of the slope of any area to be dredged and any vegetated wetlands.

b. The side slopes of the dredged area should not exceed 3 feet horizontal to 1 foot vertical.

5. For areas located near shellfish beds:

a. The area between the Oceanic Bridge and Barley Point in the North Branch and around Gunning, Sedge, and other Islands in the South Branch area seasonally open for direct harvest of hard clams.

Dredging in these areas when the beds are seasonally open may result in the closure of the beds to direct harvest. To the extent possible, avoid dredging these areas between November 1 through April 30.

b. Contact NJDEP Shellfisheries for any additional BMPs that may be required for dredging near these areas.

6. Dredge only existing, legal channels that have been dredged before, and only to previously authorized depths. No over dredging.

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7. Any pipelines should be floating to avoid damage to existing mudflats, SAV and shellfish beds. In areas where the pipeline must cross these habitats, minimize anchor placement.

FISH AND WILDLIFE COORDINATION ACT COMMENTS

See comments above.

ENDANGERED SPECIES

Threatened or endangered species under the jurisdiction of NMFS may be present in the project area. The federal action agency will be responsible for determining whether the proposed action may affect listed species. If they determine that the proposed action may affect a listed species, they should submit their determination of effects, along with justification and a request for concurrence to the attention of the Section 7 Coordinator, NMFS, Greater Atlantic Regional Fisheries Office, Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930 or nmfs.gar.esa.section7@noaa.gov. If you have any questions regarding these comments, please contact Edith Carson-Supino (978-282-8490; Edith.Carson-supino@noaa.gov).

OTHER:

1. Comply with NJDEP permit conditions, as applicable.

2. Send NOAA Fisheries GARFO HESD a copy of the permit when issued.

Prepared by: ____Jessie Murray___________________________________ Date: ___5/30/23_________

Version 12‐2020 mailto:Edith.Carson-supino@noaa.gov mailto:nmfs.gar.esa.section7@noaa.gov