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EFTA00288056

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ASSESSMENT OF IMPACT OF FILL MATERIAL PLACED OFF THE NORTHWESTERN POINT OF THE ISLAND OF LITTLE ST. JAMES INTRODUCTION Bioimpact, Inc. was contracted by LSJ, LLC. to conduct a detailed benthic survey of the area of impact on the northwestern point of the island. The Department of Planning and Natural Resources issued a Notice of Violation on March 8, 2012 in response to findings made by Fish and Wildlife during a December 2011 field visit. In the following report Bioimpact has delineated the area of impact, and documented the impacts which are believed to have occurred. The assessed impacts are based on dive surveys and review of existing data and previous surveys of the shoreline. The changes found on the site are not a result of natural causes. BACKGROUND On March 8, 2012 the Department of Planning and Natural Resources issued a Notice of Violation to Nautilus, Inc. The Notice of Violation (NOVA) was in response to findings of a December 8, 2011 site visit by the Division of Fish and Wildlife, the NOVA stated that the Division of Fish and Wildlife which found that material had been excavated and disposed of in the nearshore environment. The area in which the fill was placed is habitat for Acroporo palmota and Acropora cervicornis which are federally listed species on the Endanger Species List. In 2009 Brian Moseley and Associates, in response to a COE Notice of Non-compliance, conducted a survey comparing the 2009 shoreline to the 2003 shoreline. The 2003 survey line was created using existing survey data and digitized 2003 aerial photographs. The survey showed that the shoreline was altered between the 2003 and 2009. The 2009 survey line shown on the comparison survey is what is reflected in the August 18, 2009 Google aerial. An overlay of the aerial and the survey are provided on the following page. Impact Assessment Little St. James Northwestern Point Bioimpact, Inc. June 6, 2012 Page 1 EFTA00288056

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