title
Resolution Adopting Comments on the Proposed Programmatic Agreement Between Multiple State and Federal Agencies and the North Carolina Historic Preservation Officer Regarding the Wilmington Harbor Improvements Study
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Department: |
Planning & Development |
Meeting Date: |
6/16/2026 |
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Contact Name: |
Linda Painter |
Public Hearing: |
No |
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Contact Phone: |
910-341-7806 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution; Attachment #2: Draft Programmatic Agreement |
PURPOSE:
The proposed resolution is intended to adopt formal comments on a proposed Programmatic Agreement (“PA”) that addresses how potential impacts to historic resources from the harbor improvement project will be reviewed and evaluated.
BACKGROUND:
The U.S. Army Corps of Engineers (“USACE”) was conditionally authorized for the proposed Wilmington Harbor Improvement Project under Section 403(a) of the Water Resources Development Act of 2020 (WRDA 2020). As part of the National Environmental Policy Act (“NEPA”) review of the project, the USACE has drafted a PA to establish the requirements for the evaluation and determination of effect on cultural resources for the proposed harbor improvement project because this process cannot be completed prior to the conclusion of the NEPA review. As such, the USACE has developed the proposed PA that will include the North Carolina State Historic Preservation Officer, the North Carolina State Ports Authority, and the Advisory Council on Historic Preservation as signatories.
As a Certified Local Government, the City has been invited to serve as a consulting party and provide feedback on the proposed PA. The deadline to submit comments is June 22, 2026. Staff reviewed the initial draft of the proposed agreement and provided preliminary comments via email on April 29, 2026. However, these comments were not addressed by USACE in the revised PA issued on May 22, 2026. In summary, staff have identified the following outstanding concerns:
• The potential for significant impacts on the overall cost/benefit analysis of the project posed by delaying the assessment of impacts to historic and cultural resources,
• The inconsistency with several environmental review provisions established in ER 1105-2-100 caused by delaying historic and cultural resource assessments, and
• The fact that postponement of these assessments is contrary to the purpose of NEPA and could result in Congress authorizing the project to move forward without a full understanding of the actual cost/benefit ratio.
budget
BUDGET IMPACT:
N/A
recommendation
RECOMMENDATION / ACTION REQUESTED:
Approval of a resolution adopting formal comments on the proposed programmatic agreement between USACE, the North Carolina State Historic Preservation Officer, the North Carolina State Ports Authority, and the Advisory Council on Historic Preservation regarding the proposed Wilmington Harbor Improvement Project in North Carolina is recommended.