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-
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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