20061245 Ver 5_WRC Comments_20180412

Strickland, Bev
From: Dunn, Maria T.
Sent: Thursday, April 12, 2018 3:54 PM
To: Bodnar, Gregg
Cc: [e-mail]; Staples, Shane; Scarbraugh, Anthony
Subject: Riversound Minor Mod, Chowan Co
Attachments: Minor Mod 126-09_Riversound_NCWRC^.pdf
G regg,
Please accept the attached as comments from NCWRC for the above project.
Thank you.
Maria
------------------------------
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: [phone]
www.ncwiIdlife.org
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
1

ROY COOPER
..Y
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Coastal Management Director
ENVIRONMENTAL QUALITY
March 22, 2018
MEMORANDUM
TO: Raleigh Bland, USACOE
Anthony Scarbraugh, DWR-Water Quality
Shane Staples, Fisheries Resource Specialist,DCM
Marie Tripp Dunn,NC Wildlife Resources Commission
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit#126-09
Applicant: Yeopim Partners,LLC (The Farms at Riversound)
Project Location: Adjacent to the Yeopim River, off of Drummond's Point Rd., Riversound
Subdivision, Chowan County
Proposed Project: Remove condition 420 of the permit requiring a deed restriction that
prevents waterfront property owners from undertaking shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project modification
and return this form by 04/12/18 to 400 Commerce Avenue, Morehead City, NC 28557. You
may also send your comments by fax: [phone] or email. If you have any questions
regarding the proposed project, please contact Lynn Mathis at [phone], ext. 234. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
lea P, 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.
SIGNED 4 l . , DATE 17-- 20118
"Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S.Griffin St.,Ste 300 1 Efizabeth City,NC 27909
252-264-3901 1 252-331-2951[fax]

® North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: April 12, 2018
SUBJECT: CAMA Minor Modification for Yeopim Partners, LLC(the Farms at
Riversound), Chowan County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC)reviewed the minor
modification with regard to impacts on fish and wildlife resources. The project site is located adjacent the
Yeopim River, off Drummond's Point Road, in the Riversound Subdivision in Chowan County. 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, and the
Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C. 661 et seq.).
The applicant requests to remove Condition 420 of Major Permit#126-09 that references the following
"Voluntary mitigative measures proposed:
Since direct impacts beyond temporary impacts to wetland are no part of the marina
development,mitigative measures are not required(Temporary impacts included the
construction process of placing pilings into the wetlands to construct the walkway to the
pier,which does not require mitigative measures). Mitigative measures included for this
project prohibits shoreline stabilization,which will not be allowed within Riversound
Subdivision and will be stated within the restrictive covenants. The mitigative measure
will allow continued use of the submerged habitat along the shoreline,for finfish and
invertebrate species. An additional mitigative measure includes restricting the waterfront
lot owners to(15 lots)in Phase H to apply for one boat slip instead of the allowed two
boat slips when applying for an individual permit through the state".
Mailing Address: Habitat Conservation - 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

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The NCWRC has reviewed this project and has provided comments on this project during the State
Clearing House and NC Division of Coastal Management(NCDCM)reviews (26 September 2006,Tripp;
1 December 2008,Dunn; 10 June 2009, Dunn). During each of these reviews,as well as during meeting
discussions, concerns were raised by our agency and the NC Division of Marine Fisheries regarding
wetland and natural shoreline impacts. Early discussions with the agencies and applicant included an
upland marina alternative to further reduce impacts to open water habitats that serve as important foraging
and spawning areas for anadromous fish species such as blueback herring(Alosa aestivahs). Since the
upland marina option was not chosen,minimization of impacts such as limits on the Yeopim River
Marina,removal of the Middleton Creek Marina,lighting restrictions,pumpout facilities,restricted
residential slips, and unaltered shorelines were discussed. Specifically,our 2008 letter for OLIA No. 1481
stated:
,,Woody debris and natural shorelines provide excellent aquatic habitat. Removal of
debris and alteration of shorelines disrupts and compromises this function. We request
the woody debris and shorelines remain unaltered. The removal of debris for a
navigation concern or in the immediate marina area is understandable,but should
follow our guidelines_"
Since many largescale projects were once reviewed during the State Clearing House prior to permit
application submittal,our concerns and recommendations were presented during this process and often
included in the applicant's permit submission. The 2009 NCDCM letter extended appreciation toward the
applicant for the restrictive conditions placed on the development that included the shoreline stabilization
and slip restrictions_ These restrictions are in part the reason why the project impacts had been considered
minimized and the development allowed to proceed. If these restrictions were not placed in the permit
application,they would have been requested during the NCDCM permit application review.
Therefore,the NCWRC requests that all permit conditions of Permit No. 126-09 remain as is and
be enforced. We understand the current owner of the property was not the original applicant,but
the natural resources protected through the development conditions remain and should continue to
be protected.
Thank you for the opportunity to review and comment on this modification. If you need further assistance
or additional information,please contact me at(252)948-3916 or at maria.dunn(r),ncwildlife.org