19961054 Ver 2_Other Agency Comments_20110630

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North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
To: David Timpy
USACE
From: Molly Ellwood
Southeastern Permit Coordinator
Habitat Conservation Program
Date: June 30, 2011
Re: Response to Public Notice for Bennett Brothers Yachts, Inc. in New Hanover County; Corps
Action ID #: SAW-2009-01242
Biologists with the NC Wildlife Resources Commission have reviewed this request with regard to
potential impacts to fish and wildlife resources. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 thi-oagh 113A-128), as amended, and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
Bennett Brothers Yachts, Inc is requesting permission to perform dredging within the Cape Fear Marina
located in the Northeast Cape Fear River immediately north of the Isabella Holmes Memorial Bridge in
New Hanover County. The marina was first permitted in 1997 and a modification was granted to allow
for the construction of a travel lift. The current modification is being proposed for dredging the existing
footprint of the marina to -12' NLW. Waters within the project area are designated as Primary Nursery
Area (PNA) by the Division of Marine Fisheries (DMF), classified as SC by the Division of Water
Quality, and are closed to shellfishing. Mitigation for the loss of important shallow bottom habitat, PNA,
is proposed through the placement of 24 tons of rip-rap at the north end of the site, along the eroded
shoreline of U-dock. Bennett Brother's Yachts is also proposing to plant native marsh grasses in the area
landward of the southern docks. Approximately 2,000 plants are proposed to be placed in the area over a
two year period.
The NCWRC continues to support our initial comments for this modification request to CAMA Major
Permit No. 90-97 for proposed dredging, dated August 06, 2009. We have these additional concerns:
1. Compensatory Mitigation, as defined in the information provided, "involves the actions
taken to offset unavoidable adverse impacts to waters of the U.S., including wetlands,
streams and other aquatic resources (aquatic sites) authorized by Corps permits." Based
on this definition, the proposed mitigation does not adequately offset the loss of highly
functioning PNA. We do not believe placement of rip rap to prevent further sediment
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Bennett Brothers Yachts , Inc Page 2
June 30, 2011
accumulation within the boat basin and the proposed plantings on the southern side of the
project area will offset the loss of function to this PNA. The NCWRC requests the
applicant provide more information explaining how the currently proposed mitigation
would compensate for the loss of highly functioning PNA in the vicinity of the project or
that the applicant provides a new mitigation plan to show a more adequate offset of the
proposed loss of PNA.
2. Over time, from the first issuance of the CAMA Major Permit, the applicant has been
informed of the project area as being designated as a PNA. Memorandums during the
commenting period for the original permit, from resource agencies, notified the applicant
that the area was a PNA including an explanation of the limitations to dredging that such
a designation would cause. Additionally, the applicant was provided with the knowledge
that the waters within, the marina are PNA during the US Army Corps of Engineers
Public Notice in 1997 and subsequently when the applicant applied for a variance from
the Coastal Resources Commission to dredge a small area for the construction of a travel
lift. Considering the applicants ample opportunity to know of the PNA designation and
the quality and function of the PNA as discussed in DMF's comments, the NCWRC
continues to have concerns pertaining to the proposed new dredging and the permanent
loss of PNA function in the area.
3. Information in the Public Notice does not address how impacts to PNA have been
avoided and minimized to the greatest extent practicable. Please provide more
information concerning the alternatives considered other than the proposed dredging.
4. The NCWRC defers decisions on this project to DMF and their expertise considering it is
an area that falls under their jurisdiction. We also support the comments provided by the
Division of Water Quality concerning the loss of valuable habitat.
The NCWRC appreciates the opportunity to review and comment on this Public Notice. Based on the
information provided in this review, the NCWRC continues to have significant concerns pertaining to the
requested dredging and permanent loss of highly functioning PNA. If you have any questions or concerns
please feel free to contact me at [phone],
cc: David Cox, NCWRC
Jessi O'Neal, NCDMF
Chad Coburn, NCDWQ
Robb Mairs, NCDCM
Ron Sechler, NMFS