20201669 Ver 1_DMF Comments_20201116

Strickland, Bev
From: Harding, Kimberlee k
Sent: Monday, November 16, 2020 3:58 PM
To: Weychert, Curtis R
Cc: Dunn, Maria T.; Mairs, Robb L
Subject: RE: CAMA Major Application: Anne & Haywood Proctor
Attachments: Proctor.Comments.pdf
Hi Please find the attached comments for the Anne & Haywood Proctor application.
Thank you.
Kim Harding
From: Pietila, Tanya K
Sent: Friday, September 18, 2020 5:06 PM
To: Harding, Kimberlee k <[e-mail]>; Christenbury, Mike <[e-mail]>; DCR
- Environmental_ Review <[e-mail]>; Butler, Rodney A <[e-mail]>; Zeigler,
Mark D <[e-mail]>; Harris, David B <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Humphrey, Jeremy <[e-mail]>; Gupton, Sharon
<[e-mail]>; Hall, Christine <Christine.Hal [e-mail]>; Sams, Dan <[e-mail]>; Cox,
Heidi <[e-mail]>; [e-mail]
Cc: Weychert, Curtis R <[e-mail]>; Brock, Brendan O <[e-mail]>; Cannon, Amanda
J <[e-mail]>
Subject: CAMA Major Application: Anne & Haywood Proctor
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Anne and Haywood Proctor for
development in Sunset Beach, Brunswick County.
Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you.
NOTE: Please complete the bottom portion of the comment sheet with your information and signature.
*RETURN TO CURT WEYCHERT at curt.weychert(Wncdenr.2ov*
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Curt Weychert at curt. we. chert cr,ncdenr.gov or [phone] ext. 211.
Thank you!
Tanya
Tanya Pietila
Permit Support Specialist
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone]

Tanya. [e-mail]
NZ—O'NothingCompam.,
E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.

NORTH CAROLINA
Environmental Quality
September 18, 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(o-)NCDENR.gov
SUBJECT: CAMA
Applicant: Anne & Haywood Proctor
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 712 Waterway Dr., adjacent to the AIWW in Sunset Beach, Brunswick County
Proposed Project: Proposal to install a private pier with gazebo, boatlift and floating dock for a total of
two (2) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by October 14, 2020. If you have any questions
regarding the proposed project, contact Brendan Brock 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 44�x "A&�a- Y l/�
DATE 11 /16/2020
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W. MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: CAMA- Proctor 2-slip docking facility with floating dock, Sunset Beach, Brunswick
County
DATE: November 12, 2020
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant proposes to install a private pier with a gazebo, boatlift, and floating dock for a total of
two slips. The proposed project is located on the Atlantic Intracoastal Waterway (AIWW) at 712
Waterway Drive, on the mainland side of Sunset Beach, Brunswick County. The waters of the AIWW
are classified SA and HQW by the Division of Water Quality and ARE designated as a Primary
Nursery Area (PNA) by the Marine Fisheries Commission (MFC). They are CLOSED to the harvest of
shellfish. NO submerged aquatic vegetation (SAV) was observed by DCM or DMF staff on site visits
that occurred in June, October, and November 2020. There are existing docks on both sides of the
applicant's property.
Primary Nursery Areas are estuarine waters where initial post -larval development occurs. Species
within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft
bottom is an important foraging habitat for juvenile and adult fish and invertebrates and aids in
storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft
bottom habitat is used to some extent by most native coastal fish species in North Carolina. The
habitat is particularly productive by providing refuge from predators, and therefore is an important
nursery area. Species dependent on shallow soft bottom habitat include clams, crabs, flounder,
spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the
shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks
although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. There is a
wide fringing marsh (approximately 80') along the shoreline of the proposed dock, transitioning to
a wide area of shallow subtidal muddy bottom, with numerous isolated oyster beds. The wetland
vegetation, and oyster shell, in combination with shallow muddy substrate provide excellent
conditions for productive juvenile fish habitat.
The proposed boatlift would be located in a designated PNA with minimal to no water at low tide
(0' NLW to -0.6' NLW), as confirmed by DCM staff. The proposal includes the installation of stops
set at 18" above the substrate for the boat lift and at 24" above the substrate for the floating
structure. The physical stops would theoretically reduce impacts to soft bottom habitat and limit
usage to periods of mid to high tides. Despite using stops to physically limit the cradle height above
the substrate, prop scouring in critical habitat is still a concern during vessel ingress and egress.
%'Nothing Compares--,.,
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

Due to the possible impacts to critical PNA habitat, DMF does not recommend use of stops within
extremely shallow PNAs such as the proposed site. Alternatively, the docking facility could be
extended into deeper waters to avoid PNA impacts. The DCM staff conducted a water depth survey
on July 29, 2020 during a low tide of -0.43 MLLW. DMF staff also conducted water depth surveys on
October 27and 29 during a low tide of -0.42' MLLW and -0.30' MLLW, respectively. During the two
October site visits, DMF's surveys showed water depths at the landward and waterward ends of the
714 Waterway Drive referenced pier head to be -1.92' NLW to -2.0' NLW and -1.5' NLW to -1.83'
NLW.
The DMF revisited the site on November 10, 2020 with a low tide of -0.34' MLLW to investigate
surrounding water depths and a potential alternative design to minimize impacts. Water depths
were taken from the waterward end of the pier head at 710 Waterway Dr., which is approximately
10' longer than the 714 Waterway Drive (the pier head used for this proposal). Depth recordings
were taken from the waterward end of the pier out 27' to the 1/4 distance of the AIWW setback line.
Water depths ranged from -2.25' NLW to -2.75' NLW. The DMF found that the water depths nine
feet past the PH of 710 Waterway Drive, to be -2.5' NLW, a sufficient depth to minimize soft bottom
habitat impacts created by the proposed docking facility. This siting will put the waterward end of
the proposed pier at 27', and in a depth of -2.75' NLW.
As currently proposed, the project would likely result in impacts to soft bottom habitats within a
PNA. The DMF does not believe these impacts have been avoided or minimized and is concerned
with the proposal. The division therefore recommends the docking facility be extended into deeper
waters as described above to avoid PNA impacts. If the applicant incorporates this
recommendation for the extension of the pier; adequate water depths would be obtained,
minimizing PNA habitat impacts and addressing our concerns.
Contact Kimberlee Harding at [phone] or [e-mail] with further
questions or concerns.
Nothing Compares_
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021