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HomeMy WebLinkAbout20211655 Ver 1_WRC Comments_20220104Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20211655 Version* 1 Is this project a public transportation project?* Yes • No Reviewer List: * Holley Snider:eads\hasnider Select Reviewing Office: * Wilmington Regional Office - (910) 796-7215 Does this project require a request for payment to be sent?* Yes No Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Is this supplemental information that needs to be sent to the Corps?* Yes No Please choose the commenting agency. * DCM Comments DCM Permit DFM Comments USFWS Comments - WRC Comments Other Project Contact Information Name: Maria Dunn Who is submitting the information? Email Address: maria.dunn@ncwildlife.org Project Information Existing ID #: Existing Version: 20211655 1 20170001 (no dashes) 1 Project Name: Bednarz 124 SW 4th St. Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Brunswick Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document CMDF_John Bednarz_NCWRCA.pdf 858.17KB Only pdf or kmz files are accepted. Describe the attachments or comments: Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: AIWA T Submittal Date: Is filled in automatically. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 8, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(cNCDEN R.gov SUBJECT: D & F Applicant: John & Terri Bednarz Project Location: 124 SW 4th Street, adjacent to Davis Cana!, Oak Island, Brunswick County Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft. Estuarine Shoreline Area to allow access to Davis Canal for recreational use of the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 4, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME (\�,.rla i L�1Anel AGENCYC.1��C. SIGNATURE ��.� :• DATE 1- hOR7 e.wmrac ar ¢a.nosmniw °nary North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 910.796.7215 North Carolina Wildlife Resources Commission Cameron ingrain, Executive Director MEMORANDUM TO: Cameron Luck Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 4, 2022 SUBJECT: CAMA Dredge/Fill Permit Application for John Bednarz, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 124 SW 4t1' Street, adjacent to Davis Canal in Oak Island, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 1 I3A-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 fill 0.131-acre of previously US Army Corps of Engineers (USACE) deemed non jurisdictional wetland area within the 30' coastal shoreline buffer and 75' estuarine shoreline area to allow access to Davis Canal for recreational use of the undeveloped property. No residence is proposed at this time and no reference was made with regard to septic or other setbacks. It is unclear if the wetland area would now be jurisdictional by the USACE due to recent regulation changes. Davis Canal in this area is classified SA HQW by the Environmental Management Commission and are designated a secondary nursery area by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the permit application and is concerned with the wetland fill proposal. The stated purpose and need of the project is access to Davis Canal. Access can be provided via structure, such as a pier, that crosses the wetlands. This occurs on many lots with riparian wetlands and requires little to no wetland fill. Riparian wetlands, especially adjacent to SA HQW and secondary nursery waters, provide numerous habitat opportunities and important water quality functions. Wetlands filter runoff from Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 adjacent uplands, reducing nutrient and sediment inputs into adjacent waterbodies. They also provide excellent habitat opportunities for aquatic and avian species. The NCWRC cannot determine from information provided within the application that impacts to wetlands have been avoided or minimized. Avoidance and minimization of impacts to wetlands, especially within the 30' coastal shoreline buffer and 75' estuarine shoreline area, should be demonstrated. We appreciate the opportunity to review and comment on this permit application and look forward to additional information as it becomes available. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn@ncwildlife.org