20211655 Ver 1_WRC Comments_20220104 (2)

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: [phone] (Courier 11-12-09)
cameron.luckaNCDEN R.gov
SUBJECT: D & F
Applicant: John & Terri Bednarz
Project Location: 124 SW 4th Street, adjacent to Davis Canal, 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 [phone] 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.
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910,796.7215

North Carolina Wildlife Resources Commission
Cameron Ingram., 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 4#i'
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 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 fill 0.13.1-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: [phone] • Fax: [phone]

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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 [phone] or at maria.dunn(ncwildlife.org