20200899 Ver 1_DMF Comments_20200904

NORTH CAROLINA
Environmental Quality
July 7, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.weychert(aMDENR.gov
SUBJECT: CAMA/Dredge & Fill
Applicant: Frankie Ferrell & Brent Futch
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 105 South Channel Dr., adjacent to Banks Channel, in Wrightsville Beach,
New Hanover County
Proposed Project: Proposal to install a new bulkhead 7.5' waterward & maximum of 13' waterward of
existing bulkhead.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by July 31, 2020. 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.
X 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 Kimberlee Harding
AGENCY NCDMF
SIGNATURE K1�26¢
DATE 07/29/2020
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM:
TO: Curt Weychert, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W. MURPHEY
Director
SUBJECT: CAMA / Dredge & Fill: Frankie Ferrell & Brent Futch, new bulkhead Town of Wrightsville
Beach, New Hanover County
DATE: July 29, 2020
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has
reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats.
The project site is located at 105 South Channel Drive, adjacent to Banks Channel, in the Town of
Wrightsville Beach, New Hanover County. The applicant proposes to install a new bulkhead an
average of 7.5' waterward and maximum of 13' waterward of an existing bulkhead. According to the
applicant, the existing wooden bulkhead is deteriorating. The applicant is proposing to install a new
vinyl bulkhead with 64 linear feet along the parcel frontage. The Wrightsville Beach Land Use Plan
classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as
Developed. The waters of Banks Channel, in the Wrightsville Recreational Area are classified as SB,
classification of waters intended for primary contact recreation, by the NC Division of Water
Resources. These waters are NOT designated as Primary Nursery Area (PNA), by the NC Division of
Marine Fisheries and they are CLOSED to the harvest of shellfish. The proposed project will fill the
1280 SF area behind the proposed bulkhead with clean sand fill and an associated tie -back anchor
system. The applicant plans to relocate the existing stairs to a new location immediately waterward of
the proposed bulkhead. As proposed, the bulkhead would incorporate 480 SF of public trust area and
impact 800 SF of high ground area within the 30' Coastal Shorelines buffer.
The project's proposed new bulkhead would incorporate 480 ft2 of Public Trust Area and Estuarine
Waters. The surface waters of North Carolina belong to the people under the Public Trust Doctrine,
which states:
Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the
mean high water mark to the seaward limit of state jurisdiction; The public has rights in
these areas, including navigation and recreation 15A NCAC 07H .0207 (a)(b).
The applicant has provided no justification to fill in the proposed amount of Public Trust Lands in the
form of intertidal habitat and may be inconsistent with NCAC 7H.0208(b)(7)(D)(ii). The shallow
water of intertidal flats and surf zone provides refuge from predators for young and juvenile flounder,
spot, croaker, shrimp, and many others. Species such as clams and gobies burrow in soft sediment to
escape predation. For these reasons, it is recommended to keep the existing bulkhead alignment on
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

the northeast corner and the new bulkhead alignment should be modified to reduce footprint on public
trust bottom.
Contact Kimberlee Harding at or Kimberlee.Harding(&ncdenr.gov with further questions or concerns.
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)