20040812 Ver 1_More Info Letter_20040701

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'QQ Michael F. Easley, Governor
y North Carolina Department of Environment William G. Ross Jr., Secreta
r
nd Natural Resources
D Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 1, 2004
CERTIFIED MA JL: 7002 1000 0005 2389 7327
RETURN RECEIPT REQUESTED
Paul and Susan Magnabosco
3306 Tipton Ct.
Wilmington, NC 28409
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Stanwick Shores S/D
D'WQ Project # 040812
Dear Mr. Magnabosco: Pender County
This Office has reviewed your 401 application for the Stanwick Shores Subdivision dredging and
pier. The proposal includes new dredging, construction of a pier, 6 lots and associated utilities and a
paved access road. The Division of Marine Fisheries (DMF) has determined that a portion of the
proposed new dredging contains Submerged Aquatic Vegetation (SAVs). Because dredging in this area
would result in significant adverse impacts to SAV habitat, this Office has determined that significant
uses could be removed or degraded by this project. Therefore, unless modifications of the proposal are
made, we will recommend moving towards denial of the 401 Water Quality Certification as required in
15A NCAC 211.0507. Specifically, we strongly encourage you to remove the portion of the new
dredging that impacts this habitat.
If the project is modified to address dredging only in the areas outside the SAV habitat, DWQ
M411 have no objection to the project.
Please respond within three weeks of the date of this letter by sending a copy of the inform on
ati
to Joanne Steenhuis and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27504-
226, her phone number is [phone]. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. If
you have any questions, please feel free to call me at [phone].
Sincer ,
oanne eenhuis
Envi
Attachment ronmental Specialist III
cc: Cyndi Karoly -Wetlands Unit/Raleigh
Greg Finch - Consultant
Jason Dail - DCM
Doug Huggett - DCM Raleigh
Fritz Rhode - Division of Marine Fisheries
WiRO
N C'
. u?vision oT water Quality 127 Cardinal Drive Extension [phone] ?,
Wilmington Regional Office Wilmington, NC 28405 Customer Service"
[phone] Fax 1`800 623-7748 MEW
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries
Michael F. Easley Governor
Preston P. Pate, Director
MEMORANDUM
July 20, 2004
TO: Paul Magnabasco
FROM: Fritz Rohde
SUBJECT: Stanwyck Shores
M?
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The Division of Marine Fisheries' definition of Critical Habitat Areas includes beds of
submerged aquatic vegetation (SAV). As was noted in the recent visit to your site, patches of
SAV are scattered throughout with the largest patches located in the shallower waters. There is
some evidence that this type of vegetation may be amenable to relocation although with some
difficulty. While the Division would prefer that the project be redesigned to avoid any impacts
to SAV, the Division will withdraw its objection if the following conditions are met.
1) Move the inward most slips out approximately 20 feet to avoid any impact to the?wo large
patches of SAV closest to the shore.)
2) Move the remaining 5-6 smaller clumps laterally to areas of similar depths outside the
dredging footprint. Use techniques that are recommended by SAV experts such as Mark
Fonseca. Monitor these relocated clumps for one year to determine success of the transplanting.
Cc: Walton Engineering
Jason Dail
Joanne Steenhuis
Noelle Lutheran
127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer naner
DEC-1-1-2004 16:52 From:
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael 1= Easley, Governer Division of Marine Fisheries Prestor, P, Pate Jr., Director
WIliam G Ross Jr„ Secretary
MEMORANDUM'
Memo To: Alan Klimek, Doug 1=l.uggev
From; Mike Street
Subject: Nfigna.bosco project application, .render County
Dote: 13 December 2004
The Division of Marine Fisheries hats v+ sin reviewed this project relative to its probable effects on submerged
aquatic vegetation (SAV) in the project: arcs.
The N, C. Marine Fisheries Commission has declared SAV to be a. "critical habitat area" (Ikult; I $A NCAC
,931 ,0101 (270) (A)) for marine and estuarine Fisheries resources.
We rennin seriously concerned about direct acid indirect intpaots to SAV. Direct effects include actual
digging up and destruction of SAV during basin excavation activity. Indirect impacts include suspension or
sediment during excavation resulting in turbidity that may negatively afTect nearby SAV, interfering with
photosynthesis by the SAV. Tho impact. would depend on the duration of turbidity al levels that would minder
photosynthesis. Possibly greater itrtpacts would come fronn frequent chronic turbidity and sedimentation
associated with increased boat operations in the aren, resulting in partial or complete burial oi'SAV, sloaigbing of
the basin wells over time with use, suspending sodiments and possibly undercutting nearby: SAV; and reduced
photosynthetic activity by the SAV due to frequent turbidity events over awed above those that would be expected
during natural storm events. in addition, there is a likelihood oi'propcller damage to SAV during boat operations.
A.ldiough it fair amount of research has been conducted on SAV planting and restoration, there is little
evidence that SAV can be transplanted wklt a high degree of success. "New" SAV eannot be plantcrd bee-ause
thorn u.re no commercial SAV nurseries to provide a source of seeds or plnnts. Thus, thorn is no reasonable chance
for successful mitigation of the project`s impacts,
Beca.uss. of the issues noted above, the Division of Marine Fiaheries remains opposed to this project because it
will likely cause sit;,if.icant adverse impacts to SAV habitat at the project site.
cc: Fritz Rohde'-
Jason :Da.il- Post-it" Fax Not© 7671
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8441 Arendell Street, PA. Box 769, Morehead City, Noah Carolina 28557
Phone: [phone] FAX: [phone] t intemet: www riedmf.net
An Equal QppontviBy 1 Aalm Nve Actlon eniooyor- 5o % PecyvkW t 10% poo; Commer Doper
YTlALTON ENCINEERINC7
July 26, 2004 1 ?? ??a ?l a w ?)
Jason Dail
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Stanwick Shores.
Jason,
In accordance with the attached letter from the Division of Water Quality dated July 1, 2004,
we have modified the project to address the concern of dredging in a Submerged Aquatic
Vegetation (SAV) habitat. After receiving the letter we met on-site with Mr. Fritz Rohde of
the Division of Marine Fisheries and identified the SAV habitats of concern. Based on the
attached July 20, 2004 memorandum from Mr. Rohde, the inward most boat slip in the area of
one of the large patches of SAV, along with the corresponding mooring piling, has been
eliminated. The dredging footprint has been modified accordingly to avoid both of the two
large patches of SAV closest to the shore and eliminate any significant impact to SAVs. In
addition, the remaining 5-6 smaller clumps will be moved laterally to areas of similar depth
outside the dredging footprint and monitored for one year (per Mr. Rohde). We have already
obtained technical articles from the LJNCW Marine Science Center written by Mark Fonseca
with instructions on transplanting. The total dredging area has been reduced from 0.096 acres
to 0.071 acres. This modification both eliminates any significant adverse impacts to SAV
habitat and reasonably accommodates the development. Please see the revised plan for
modifications.
If you have any questions, please contact me at 910-259-4800.
Sincerely,
Greg Finch
cc: Cyndi Karoly - 401 Wetlands UniVRaleigh
Noelle Lutheren-DWQ
Fritz Rhode - DMF
Joanne Steeujhn67nhuis - DWQ
Paul Magnabosco
Tel: [phone] PO Box 895, Burgaw, North Carolina, 28425 Fax: [phone]
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries
Michael F. Easley Governor
Preston P. Pate, Director
MEMORANDUM
July 20, 2004
TO: Paul Magnabasco
FROM: Fritz Rohde
SUBJECT: Stanwyck Shores
M?
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The Division of Marine Fisheries' definition of Critical Habitat Areas includes beds of
submerged aquatic vegetation (SAV). As was noted in the recent visit to your site, patches of
SAV are scattered throughout with the largest patches located in the shallower waters. There is
some evidence that this type of vegetation may be amenable to relocation although with some
difficulty. While the Division would prefer that the project be redesigned to avoid any impacts
to SAV, the Division will withdraw its objection if the following conditions are met.
1) Move the inward most slips out approximately 20 feet to avoid any impact to the?wo large
patches of SAV closest to the shore.)
2) Move the remaining 5-6 smaller clumps laterally to areas of similar depths outside the
dredging footprint. Use techniques that are recommended by SAV experts such as Mark
Fonseca. Monitor these relocated clumps for one year to determine success of the transplanting.
Cc: Walton Engineering
Jason Dail
Joanne Steenhuis
Noelle Lutheran
127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer naner
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries
Michael F. Easley Governor
Preston P. Pate, Director
MEMORANDUM
June 28, 2004
TO: Jason Dail
FROM: Fritz Rohde
SUBJECT: Paul Magnabosco for Stanwick Shores
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The Division of Marine Fisheries is opposed to the above project as it is presented.
During a site visit on June 28, 2004, numerous (more than 24) patches of submerged aquatic
vegetation (SAV) were observed in the footprint of the proposed dredging. These patches ranged
in size from less than 1 ft in diameter to over 6 ft in diameter. SAVs provide essential fish
habitat for many marine organisms. Without dredging, the water depths are too shallow to
permit docking without causing negative impacts to the SAVs. At the time of the site visit (low
water), depths throughout much of the project were 12" or less. SAVs were observed out to
about 20" which was about the same distance as the end of the pier to the north.
The Division does not oppose the community pier, just the 4 fixed finger piers which
would necessitate the dredging. It appears that there is sufficient water depth and an absence of
SAVs near the exisiting pier line at the terminal end of the pier. Perhaps the project could be
redesigned to take advantage of the deeper water.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recvcled/tn0/ nnc+-...,,,-....._..___..