20080535 Ver 1_More Info Received_20080428

~~
,~
-.....-,..-fir
~~
~~w~~~'~t~~
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
April 21, 2008
Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project #08-0535
Mariner's Bay, LLC
c/o Frankie W. Pendergraph
Dear Cyndi:
The Division of Marine Fisheries has read the resubmitted application materials associated
with the above referenced DWQ project and has objections which are described in the attached
memorandum. If you have any questions, please do not hesitate to contact me.
Sincerely,
Anne Deaton, Chief
Habitat Protection Section
/jj h

. ~. .~ _. i~ ~~f ~y, ... ~ ~ -- ~. ~ricii~ Pr G ~r
NorthCarolina
~atura!!~

~~
~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
Memo
To: Cyndi Karoly
401 Wetlands Unit
From: Patricia L. Murphey ~~~ U V ~
Marine Biologist Supervisor
Thru: Mike Marshall ,~(~~__
Central District Manager
Date: 4/15/2008
Re: Mariner's Bay, LLC, c/o Frankie Pendergraph, Carteret County
North Carolina Division of Marine Fisheries (DMF) staff has
reviewed the referenced 401 Water Quality Certification. The applicant
proposes to construct an ll-lot subdivision with multifamily units on
waterfront lots adjacent to the Goose Creek Primary Nursery (PNA)
located in Bogue Sound. The applicant is proposing to fill 0.069 acres on
404 wetlands that are adjacent to coastal marsh. DMF recommends that
the 404 wetlands not be filled. The filling of 404 wetlands will have
significant adverse impacts to this PNA. PNAs are defined in 15A NCAC
03N .0102 as "those areas in which for reasons such as food, cover,
bottom type, salinity, temperature and other factors, young finfish and
crustaceans spend the major portion of their initial growing season."
The applicant also proposes that a total of 24.13% of the tract will
be covered with impervious surfaces. DMF is deeply concerned about
permitting impervious surface coverage at this rate because the Coastal
Habitat Protection Plan (2005) makes the finding that impervious surface
coverage must be limited to 12% to prevent additional water quality and
habitat degradation. The Hard Clam and Oyster Fishery Management
Plans (2001) also make the finding that, to maintain sustainable harvest in
those fisheries, water quality needs to be restored in conditionally
approved shellfish harvest areas. In order to accomplish this restoration,
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Nom hCarolina
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net ~~atura!!
An Equal Opportunity I Affirmative Action Employer- 50 % Recycled 110% post Consumer Paper

r
data indicate impervious cover adjacent to SA waters should be limited to
10%. Failure to reduce stormwater runoff into conditionally approved
shellfish harvest areas has resulted in fewer temporary openings for
shellfish harvest and increases in closures to shellfish harvest. These
results run contrary to the objective of restoring water quality in these
areas.
Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005.
North Carolina Coastal Habitat Protection Plan. North Carolina
Department of Environment and Natural Resources, Division of Marine
Fisheries, Morehead City, NC. 656 pp.
NCDENR. 2001. North Carolina Oyster Fishery Management Plan. North
Carolina Department of Environment and Natural Resources. North Carolina
Division of Marine Fisheries, PO Box 769, Morehead City, NC. 225p.
NCDENR. 2001. North Carolina Hard Clam Fishery Management Plan. North
Carolina Department of Environment and Natural Resources. North Carolina
Division of Marine Fisheries, PO Box 769, Morehead City, NC. 195p.
Cc: Joanne Steenhuis