20011868 Ver 3_WRC Comments_20231114

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: October 27, 2023
SUBJECT: CAMA Dredge/Fill Permit Modification for Town of Sunset Beach, #132-18,
Brunswick County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification with regard to impacts on fish and wildlife resources. The project site is located within
Mary's and Turtle Creek adjacent to the AIWW in Sunset Beach, NC. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
The applicant proposes to modify Permit #132-18 to include a new primary offload site in Mary's Creek
and to enlarge the dredge footprint within Mary's and Turtle Creeks. Previous excavation activities
included under Permit #132-18 were bucket to barge, box -cut excavation within the existing dredge
footprint of previous permits (#73-87 and #22-02), not to exceed -6' MLW at the mouth or -4' MLW
within the creeks. Permit #132-18 is set to expire on 12/31/2023. Mary's and Turtle Creeks are classified
SA HQW by the Environmental Management Commission and are designated primary nursery areas
(PNAs) by the NC Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the permit modification request and is familiar with the project area and
previous permits, commenting during the previous application review processes. Our agency has
consistently requested avoidance and minimization of impacts to protect PNA resources. PNAs are
defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish
or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, the
shallow water habitats of these creeks provide important rearing areas for this variety of estuarine fishes
and invertebrates that need relatively undisturbed habitats. Prolific shellfish resources have also been
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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observed by state agency staff during site visits. This too exhibits the important habitat opportunities
these areas provide. These creeks and their riparian habitats also provide foraging opportunities for
numerous waterbirds, including the including the federally threatened Woodstork (Mycteria americana)
that was observed at the mouth of Mary's Creek during a site visit.
Several communications, including state, federal, and applicant attended meetings, were held before
application submittal and after application receipt. The following comments address materials received in
the August 9, 2023 permit application, emails, phone conversations, and the October 5, 2023 meeting and
are requested to be included as permit conditions in consideration of permit modification:
• The NCWRC has minimal concerns with the new offloading area as long as better management
practices are implemented to minimize sedimentation and erosion into Mary's Creek.
Discussions throughout the review of the project demonstrated confusion between the proposed
physical dredge area and the affected area. The NCWRC does not object to changes in
methodology in dredge activities, but emphasizes that the area physically dredged (i.e., the area
where a machine touches/removes sediment) should remain within the previously permitted
footprint. If material sloughs, the NCWRC does not consider this area as the "dredge footprint",
however if the previously sloughed area is mechanically altered, we do consider this an expansion
of the previously permitted dredge footprint. This expansion should not occur as Mary's and
Turtle Creek are designated PNAs.
• A review of permit history did not indicate an "over dredge" depth has been previously permitted,
only the dredge depth. Permitting an over dredge depth is concerning as this area is shallow with
valuable resources in close proximity. An over dredge allowance may give perception deeper
depths are acceptable or that impacts from going beyond the permitted depth are negligible.
Therefore, we request an over dredge depth not be included.
• Previously permitted conditions, such as moratoria, should continue to be upheld.
• The NCWRC defers to NCDMF with regard to protection of shellfish / marine resources at the
mouth of Mary's Creek.
We appreciate the opportunity to review and comment on this permit modification. If you need further
assistance or additional information, please contact me at maria.dunngncwildlife.org or [phone].