20181699 Ver 2_More Info Requested_20201016

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 16, 2020
DWR # 20181699v2
New Hanover County
Shinn Creek Estates HOA
Attn: Mr. Ben Stephenson
6433 Shinn Creek Lane
Wilmington, NC 28409
Subject: REQUEST FOR ADDITIONAL INFORMATION
Shinn Creek HOA
Dear Mr. Stephenson,
On August 18, 2020, the Division of Water Resources (DWR) received your request via your agent, Mr.
Steve Morrison of Land Management Group, for a 401 Individual Water Quality Certification from DWR
for the subject project as it's described in your CAMA Major application dated December 11, 2018. DWR
has determined that your application is incomplete and cannot be processed. Your application is on -
hold until all of the following information is received:
1. In your Certification request letter, dated August 18, 2020, you reference supporting materials
that were included in the record of the North Carolina Coastal Resources Commission (CRC)
meeting on February 12, 2020 at which the Commission reviewed the subject project. In
addition, you reference the NC Division of Coastal Management's (DCM) Coastal Area
Management Act Permit issued March 3, 2020 for the subject project. Please note, the DWR has
reviewed both the complete record for the CRC meeting on February 12, 2020 and the DCM
permit issued March 3, 2020 and, in an effort to reduce the administrative burden of recreating
such a record, will consider it supporting material for DWR's review, unless you object to such
an approach.
DWR has received and reviewed comments from resource agencies, communicating concerns
that your project would negatively impact Primary Nursery Area (PNA) as identified by the NC
Division of Marine Fisheries (DMF) Habitat Section. These letters are attached hereto. Some of
the concerns raised are as follows:
a. A comment letter from the DMF dated December 14, 2018, stating:
It is the position of the DMF that this new dredging proposed in the "S" channel
would remove productive primary nursery habitat, lead to the continued
alteration of the habitat, and reduce the function of the remaining habitat not
directly affected by the project. The DMF objects to this project as proposed due
to the significant adverse impacts to habitat and resources that will result from
the project.
D Q
�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
rvng1H cnHni.wn '�
DeP'l—t m uwmm —1 WAR, 919.707.9000

Shinn Creek Estates HOA
DWR # 2019-1699 v2
New Hanover County
Request for Additional Information
Page 2 of 4
DMF's letter also expresses concerns regarding indirect impacts of the project that will
result in loss of coastal wetlands adjacent to the "S-Curve" from initial and continued
maintenance dredging events.
A letter from Mr. Steve Murphy, Director of DMF, dated December 19, 2018, concurring
with his staffs' December 14, 2018 letter and stating:
The proposed site is a narrow meandering channel, with ideal nursery habitat
characteristics. Maintaining nursery habitat for juvenile fish is critical to
maintaining sustainable fisheries. The division therefore objects to the proposed
dredging...
c. A comment letter, dated March 11, 2019, from the National Oceanic and Atmospheric
Administration's National Marine Fisheries Service (NMFS) noting the site's designation
as Habitats Areas of Particular Concern (HAPC) and stating that HAPC is:
rare, particularly susceptible to human -induced degradation, especially
important ecologically, or located in an environmentally stressed area.
NMFS' comments also recommend that, among other things:
The permit should not authorize the proposed new dredging.
d. A comment letter, dated April 3, 2019, from the Army Corps of Engineers,
recommending that the State authorization include a condition that:
New dredging within the area identified as the "S-Curve" or "S-Channel" is not
authorized.
The receiving waters in the project footprint are classified as "SA" [15A NCAC 02B. 02211 ] and
High Quality Waters (HQW) which are waters with quality higher than those referenced
standards. [15A NCAC 02B .0224]. The best usage of waters as with this classification, as written
in 15A NCAC 0213, shall be
aquatic life propagation, survival, and maintenance of biological integrity (including
fishing, fish, and Primary Nursery Areas (PNAs)); wildlife; secondary contact recreation
as defined in Rule .0202 in this Section; and any usage except primary contact recreation
or shellfishing for market purposes. All saltwaters shall be classified to protect these uses
at a minimum.
Any source of water pollution that precludes any of these uses on either a short-term or
a long-term basis shall be deemed to violate a water quality standard;
1 Water resources classified as "SA" also carry the standards for waters classified as "SB" and "SC" set forth in Rules 1SA NCAC
02B .0220 and .0222.

Shinn Creek Estates HOA
DWR # 2019-1699 v2
New Hanover County
Request for Additional Information
Page 3 of 4
The project proposes to dredge 9,000 square feet of waters with SA, HQW classification,
including 3,680 square feet of waters designated as PNA. Based on the comments summarized
in item number two of this letter, DWR believes that the project will preclude the use of water
as Primary Nursery Area on a short-term or long-term basis. This removal of use is considered a
degradation of waters, which would result in violations of the following Water Quality
Standards: 15A NCAC 02B .0201 ANTIDEGRADATION POLICY, 15A NCAC 02B .0221 TIDAL SALT
WATER QUALITY STANDARDS FOR CLASS SA WATERS and 15A NCAC 02B .0224 WATER QUALITY
STANDARDS FOR HIGH QUALITY WATERS.
Please address the concerns with the project's impacts on Primary Nursery Area as outlined in
item number two of this letter. In your response please demonstrate how the project would not
preclude the use of the water as PNA and would not result in degradation of the water as
described in item three of this letter. If these issues are not resolved, DWR will have to deny your
application as required by 15A NCAC 2H .0506.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, DWR
will be unable to approve the application and it will be denied as incomplete. If your application is
denied, you may reapply to DWR for approval, including a complete application package and the
appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the State may be a violation of North Carolina General
Statutes and Administrative Code.

Shinn Creek Estates HOA
DWR # 2019-1699 v2
New Hanover County
Request for Additional Information
Page 4 of 4
Please contact Paul Wojoski at 919-707-9015 or [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSigned by:
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosures:
Letter from Ms. Liz Hair, US Army Corps of Engineers (April 3, 2019)
Letter from Mr. Curt Weychert, DMF (December 14, 2018)
Letter from Mr. Stephen Murphey, Director DMF (December 19, 2018)
Letter from Ms. Virginia Fay, NOAA NMFS (March 11, 2019)
cc: Steve Morrison, Land Management Group (via email)
DWR WiRO
DWR 401 & Buffer Permitting Branch file
Filename: 20181699v2Shin nCreekEstatesHOA( NewHanover)_401_Addi nfo

107
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
December 19, 2018 Director
Courtney Spears, Assistant Major Permits Coordinator
NC DEQ Division of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Re: Shinn Creek Estates, HOA, New Hanover County
Dear Ms. Spears:
After discussions with staff, I concur with their recommendation to deny this permit application for new
dredging in a MFC designated Primary Nursery Area and install four breakwaters along the channel
immediately adjacent to oyster and wetland habitat. The proposed site is a narrow meandering channel,
with ideal nursery habitat characteristics. Staff also has concerns that if dredged, there would be
additional habitat loss along the marsh edge due to boat wake generated erosion, as has occurred in the
adjacent dredged channel, and the breakwaters could exacerbate erosion. Maintaining nursery habitat for
juvenile fish is critical to maintaining sustainable fisheries. The division therefore objects to the proposed
dredging and suggests a Iess damaging alternative to the breakwaters.
I request that you keep Curt Weychert informed on the final status of the proposed project. Thank you for
the opportunity to comment on this application.
Sincerely,
Stephen . Mur
NC Division of Marine Fisheries
Cc: Braxton Davis, DCM Director
Dee Lupton, DMF Deputy Director
Anne Deaton, DMF Habitat Protection Manager
Curt Weychert, DMF Marine Biologist
RECEIVED
JAN 022019
��"Not�ting Compares MP SECTION WIRO
Slate of North Carolina f Divislon of Marine Fisheries
3441 Arendell Street # P.O. Sox 769 E Morehead City. North Caroiina 28557
252-726-7021

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 3, 2019
Regulatory Division
Action ID No. SAW-2014-01431
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Shinn Creek Estates, HOA, Mr. Ben Stephenson, to conduct
dredging maintenance dredging within waters of an existing access channel and basin, new
dredging to create a new access channel, and installation of two breakwaters in waters
adjacent to the AIWW, associated with an existing private docking facility located at 6432
Shinn Creek Lane, in Wilmington, New Hanover County, North Carolina. Wilmington, New
Hanover County, North Carolina.
Specifically, the proposed project consists of excavating an existing/new access channel
and basin adjacent to the AIWW. An initial dredge event is proposed to remove approximately
600 cy of material from an area measuring 8' wide by 1,085' long located within the existing
channel between the AIWW and the boat basin (see Sheet 4 of 6). Approximately 460' of this
channel (identified in the application as the'S-Curve' or'S-Channel') is considered new
dredging. The proposed final water depth for the channel would be -3' at MLW in connection
to a waterbody that has a water depth of -3' at MLW. Existing water depths within the project
area range from 0' to-1.5' at MLW. The applicant also proposes to install 4 new wooden
breakwaters adjacent to the newly excavated channel (identified in the application as the 'S-
Curve' or'S-Channel'). The proposed breakwaters would be 60' long, one would be 70' long,
and the final would be 40' long.

-2-
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
1. Breakwater construction is not authorized.
2. New dredging within the area identified as the "S-Curve" or "S-Channel" is not
authorized.
3. In order to protect juvenile shrimp and finfish, no excavation or filling activities will be
permitted between the dates of April 1 and September 30 of any year without the prior
approval of the Corps.
4. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
httD://www.fws.aov/nc-es/mammal/manatee auidelines.adf.
5. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].
6. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
7.Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
8. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does
not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.

-3-
9. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
10. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including debris from
land clearing activities), or unsightly debris will not be used.
11. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
12. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this permit. A copy of this permit, including all conditions, shall
be available at the project site during construction and maintenance of this project.
13. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate installation of
silt fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,
the project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
14. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
15. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in
such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.

-4-
16. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail]. mi1.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Ms. Courtney Spears/Ms. Debbie Wilson
North Carolina Department of Environmental Quality- Division of Coastal Management
Ms. Karen Higgins/Mr. Chad Coburn
North Carolina Department of Environmental Quality -Division of Water Resources
Mr. Pete Benjamin/Mr. John Ellis
U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement
Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division

gT0#1
s d*
(Sent via Electronic Mail)
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South
St. Petersburg, Flodda 33701-5505
http:ttsero. n mfs. noaa.gov
March 11, 2019
Colonel Robert J. Clark, Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Sarah Hair
Dear Colonel Clark:
F/SER47:TC/pw
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID: SAW-
2014-01431 dated February 12, 2019. Ben Stephenson, Shinn Creek Estates HOA, proposes maintenance
dredging within waters of an existing access channel and basin, new dredging to create a new access
channel, and installation of two breakwaters. The proposed work would be adjacent to the Atlantic
Intracoastal Waterway (AIWW) and associated with an existing private docking facility in New Hanover
County. The Wilmington District's initial determination is the proposed project may affect adversely
0.21 acres of essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery
Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS.
As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous
fishery resources, the NMFS provides the following comments and recommendations pursuant to the
authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation
and Management Act (Magnuson -Stevens Act).
The applicant proposes to excavate an existing/new access channel and basin adjacent to the AIWW. The
initial dredging event would remove approximately 600 cubic yards of material from an area measuring
eight feet by 1,085 feet within the existing channel between the AIWW and the boat basin.
Approximately 460 feet of this channel, identified in the application as the "S-Curve" or "S-Channel,"
would be new dredging. The proposed final water depth for the channel would be -3 feet MLW. Existing
water depths within the area of the proposed dredging range from 0.0 to -1.5 feet MLW. Dredging would
be done using the bucket -to -barge method and deposited at an upland disposal site approximately 0.3
miles south of the project site and adjacent to USACE Disposal Site No. DA-251, which is at the
confluence of the AIWW and Shinn Creek. The applicant also proposes to install four new wooden
breakwaters adjacent to the newly excavated channel in the S-Curve. The lengths of the breakwaters
range from 40 feet to 70 feet and would extend approximately one foot above MHW. The applicant notes
the boat basin and access channel were excavated prior to 1970 and the State of North Carolina issued a
permit in 1982 for maintenance dredging of the boat basin and access channel; this permit did not include
the S-Curve.
The dredging and installing of breakwaters would disturb approximately 0.21 acres of shallow bottom
habitat adjacent to oyster aggregations and bars. The SAFMC identifies shallow sub -tidal bottom in
estuarine waters as EFH for penaeid shrimp and estuarine -dependent species of the snapper -grouper
complex. The MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and

bluefish. The State of North Carolina designates the project site a Primary Nursery Area (PNA). The
SAFMC designates PNAs and oysters as HAPCs for estuarine species, such as gray snapper and gag
grouper, in the snapper -grouper complex. HAPCs are subsets of EFH that are rare, particularly
susceptible to human -induced degradation, especially important ecologically, or located in an
environmentally stressed area. Other species of commercial or recreational importance found in the
project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet,
weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are
managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish
managed by NMFS (e.g., billfishes and sharks). The SAFMC provides additional information on EFH
and federally managed species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region'
and the Users Guide to Essential Fish Habitat Designations by the South Atlantic Fishery Management
Councilz. Detailed information about the EFH requirements of species managed by MAFMC are
included in separate amendments to individual fishery management plans and in technical reports
prepared by the NMFS Northeast Fishery Science Center'.
After issuance of the public notice, the applicant met with resources agencies to discuss environmental
concerns. Discussions focused on diminished productivity caused by the dredging, especially the new
dredging within the PNA and by installing the breakwaters; sedimentation of oyster habitat caused by the
dredging; and adverse effects to salt marsh habitat that may result from the breakwaters affecting water
flow and sediment transport. While the applicant indicated during the meeting a willingness to remove
the breakwaters from plans, the NMFS has not received notification from the Wilmington District that
this removal has occurred.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation
Recommendations for any federal action or permit which may result in adverse impacts to EFH.
Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated
fishery resources:
The permit should not authorize the proposed breakwaters.
The permit should not authorize the proposed new dredging.
The permit should restrict maintenance dredging to the period of October 1 to March 31 to protect
juvenile shrimp and finfish using the shallow bottom habitat.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR
600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations
within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in
accordance with the "findings" between the NMFS and the Wilmington District, an interim response
should be provided. A detail response must then be provided prior to final approval of the action. The
detailed response must include a description of measures proposed by the Wilmington District to avoid,
mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is
inconsistent with the EFH conservation recommendations, the District must provide a substantive
discussion justifying the reasons for not following the recommendations. The detailed response should be
received by the NMFS at least ten days prior to final approval of the action.
' Available at http://http:Hsaftnc.net/fishery-ecosystem-plan-ii-introduction/
'Available at http://http:Hsaf nc.net/download/SAFMCEFHUsersGuideFinalRevAugl7.pdf
' Available at https://www.nefsc.noaa.gov/nefsc/habitat/efli/
2

Thank you for the opportunity to provide these comments. Related questions or comments should be
directed to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722, or at [phone]
/ for
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail]
NCDMF, Shane. [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail]
F/SER47, [e-mail]
Sincerely,
nc/
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division

103
ROY COOPER
Governor
MICHAEL S. REGAN
Serretlr}
STEPHEN W. MURPHEY
Direclor
MEMORANDUM:
T0: Courtney Spears, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, DMF Fisheries Resource Specialist
THROUGH; Anne Deaton, DMF Habitat Assessment. Coordinator
SUBJECT: Shinn. Creek Estates, HOA
DATE: December 14, 2018 .
A North Carolina Division of. _Marine Fisheries (DMF) >isheries
reviewed. the CAMA Major Permit application for proposed act
habitats. The. applicant is proposing to perform maintenance c
perform new drredgigg of. an access channel, and install breakv
navigable waters The project is . ocated °along: Shinn' Creek acij
Intracoastal Waterway [A1ViTW] at the elnd of 5h_inn: Cree)c. LanE
this protect are: claSsfYed as SA, High Quality Waters (HQW).i
Nursery Area [PNA] :by the Division .of Marine: iisheres, and cl
shellfish by the Shellfish Sanitation: Section. The applicant is-
existing channel and basin to a depth of -3. feet -at mean law s+v
dredging in an area referred to:as the'$ Turn".
.e Specialist -has
t;impact fish and fish
of a basin and:.canal,
the Atlantic
waters of
the harvest of
rig to maintain an
ater tML.VV I ana perform new;
PN- As are estuarinaters where inihaT post -larval deveiaprnent occurs,' Sgeeies within
this area are early post -larval to] uVeridles.'aildinclude 1nfish crabs; a!nd shrimp,. To protect
Such sensitive areas, Coastalesotrces Gommssiari rules prohibitmost now dredging in
PNA. Shallow soft bdttam is`an irnpoXtant for-agmg habitat for juvenile and adult fish-an__d
invertebrates, and aids in storing and cycling of sedimrients, ent, nutand toxins: between
thebottom and water .column. Soft bottom habitat is used to some extent by mast native
coastal, fish species in North, Carolina, The.habitAt isparticularly productive ands by
.providing refuge from predators, is an important nursery area. Species dependent on
shallow Soft bottom include. clams, crabs, flounder; spot; Atlantic crpaker,.sea mullet, and
rays [Deaton et at 2l).10). Manybentl is predators are highly associated with the shallow
soft bottom habitat, including flounders, wealfsh, red drum, sturgeon and coastal 5larlt5,.
although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom.
x
The resuePension of sediment can create an increase in turbidity thatlarvae, juveniles, and
especially`filter feeding species, can be acutely susceptible. An increase in suspended
'Nothing Compares,
State of North Quolina I Division of Marine 011eq es
31•tt Acendrlt 5trerl ! P.O. BOX 769 I Morehead City. North Carollna 28557
252-726-7021

104
sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and
other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO)
concentrations, malting the potential for a DO crash from increased turbidity a major
concern, even if sediment booms are utilized.
The applicant is also proposing to install four (4) wooden breakwaters along the perimeter
of the "S" channel. The areas of the "S" channel where the breakwaters are being proposed
currently contain a significant presence of shellfish habitat bridging soft bottom and
fringing marsh. Shell bottom is an extremely productive self -building three-dimensional
habitat that can be impacted longterm through dredging and filling, pollution and other
contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration
and consetvation of :shellfish habitat is at the forefront Installing breakwaters, while
attempting to minimize dredge footprint, will impede. pathways for water, nutrients, and
fauna. Additionally, vertical hardening structures when exposed to continual wale
experience scour which has the potential destabilizing sediment and. eroding the. marsh
over time. B.ecattse the final dredge. -depth of -3 ft. MLW, livingshorelines with small
footprints could be utilized. Living shorelines protect shorelines; reduce to while
offering: ..a more natural transition
of intertidal habitats.
When the initial permit -was issued (1982), permit conditions restricted' the dredge width
in the hydraulic -dredged channel to 8' wide because of concerns for sloughing: Currently;
average width of the':channel is40' from marsh to marsh The'DMF would argue that
based on the-198 imagery, one year before authorized dredging) and the current width of
the maintained. channel will.result.1 similar outcomes. Increasing boat traffic and waltes,.
Specific ally. at low tides will only further'erosfln and sloughing of the sediment along the.
channel.
Coastal wetlands are: considered among the most productive ecosystems in the world
(NCDEM015] Coastal wetlands area productive detritus _based system that trap
nutrients, toxins and sediment, aid in shoreline erosion control,:dissipate wave and storm
action, provides a barrier to flood damage, and- provide nursery functions and support fish
production. Recent resear.cli dicates that even narrow f Tinges of . tlands are essential
factors for fish utilization and erosion control. An estimated 950/0 of. commercial firifish and
shellfish species in the US are wetland dependent. Species coipmon. to coaxial -wetlands
include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and
penaeid shrimp; with a myriad of.prey: species as well Wetlanda can enhance foraging
functions of adjacent habitats, which is why primary (PNA);and-secondary (SNA) nursery
habitatsare closely linked with coastal ,wedands. In addition, these wetlandsare important
to waterfowIfeeding and nesting activities.
Attached aerials demonstrate the progression of the: project site. Since the initial creation
of the basin and access channel, the surrounding coastal wetlands have eroded to. present
conditions; The initial and,continued maintenance dredging of the." 5..' channel would
continue the same _pattern of habitat loss. The applicant states that in addition to
improving flow and water quality this project would increase the use of the existing boat
ramp. It should be noted that there are public boat ramps, Trails End and Wri"VED
-7�—`--"Nothing Compares JAN 0 2 2019
State of North Carolina I 1*islun of Marine Iisheiies
3441ArendellSireet i I'. .Box769 ; Morehead01y.NorthCaMbla2ri557 MP SECTION w1Ro
257-726-7021 '

105
Beach located three (3) and two (2) miles away, respectively. This office does not agree
that the dredging of:the "S" channel will im rovo water quality through increased flushing.
It is the position of the DMF that this new dre�dging.proposed in the `TS channel would
remove productive primary nursery habitat, lead to the continued alteration of the habitat,
and reduce the function of the remaining. habitat not directly affected by the nroiect The
V
Nothing Compares, -,
State of North Carolina I Division of Marine Fisheries
3141 Rrendel.I Street : P,D-11= 764.1 Morchead City, North Carolina 18557
M-TL6-7021

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