20202014 Ver 1_DMF Comments_20210302

Strickland, Bev
From: Bodnar, Gregg
Sent: Tuesday, March 2, 2021 8:47 AM
To: Snider, Holley; 'Hair, Sarah E CIV CESAW CESAD (US'; Harding, Kimberlee k; Dunn,
Maria T.
Subject: FW: FW: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
Attachments: InkedOld Ferry Marina current and proposed slips numbered drop in area e...jpg
Follow Up Flag: Follow up
Flag Status: Flagged
Hey all,
Based on discussions with Andy Haines in Shellfish they have revised the slip count within the marina to 48 total slips for
the marina and 100 total slips for the basin. This maxes out the basin without increasing the shellfish closure. I have not
heard back from the applicant but I do not believe there will be any issues unless another property owner requests
another slip.
I'll let you know if anything else comes up, but as of now this is the most updated workplan for Old Ferry Marina.
G regg
From: Haines, Andrew <[e-mail]>
Sent: Friday, February 26, 2021 10:15 AM
To: Bodnar, Gregg <[e-mail]>
Subject: RE: FW: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
Hi Gregg,
As follow up on our conversation, attached is a modified version of the image that the applicant sent with some
additional slips noted based on our count. As discussed, as long as the permit is written in such a way to only allow
them dockage in numbered slips as per this diagram, then this redevelopment project will not have an impact on the
existing shellfish closure. The second part of our original comment still stands, however, as this project, once complete,
will lead to a total of 100 slips in this overall basin, which is the maximum number allowed before an expanded closure is
necessary. Thanks, and have a good weekend
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew.hainesa-ncdenr.gov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Wednesday, February 24, 2021 8:08 AM
To: Haines, Andrew <[e-mail]>
Cc: Connell, Brad <[e-mail]>
Subject: FW: FW: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
Morning Andy,
Please see above for the updated marina layout with numbered slips. Let me know if this works. I let the applicant
know that there may be add info needed on the retrieval dock side near slip 1 since we talked about that area's
potential for constant dockage. I advised him that he may want to think about that area in the context of boats
constantly docked there.
Thanks,
G regg
From: Old Ferry Marina <[e-mail]>
Sent: Wednesday, February 24, 2021 7:44 AM
To: Bodnar, Gregg <[e-mail]>
Subject: Re: FW: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Dear Gregg,
Please find attached, requested drawing, labeled with current slips (orange), proposed slips (blue) and expanded dry
dock launching and retrieval area (green). The retrieval area size was calculated on actual usage last summer. We need
room for 350' of boats to return all at the same time, we have some control over when boats are launched, but need to
accommodate boats that are returning all at once. We do respect and have corresponding signage in the active area, if
shellfish requires that some of this space be labeled as slips then I would label 2 spaces to the left of slip 1, this would
bring our slip count to 40.
Thank you,
Allyn
On Mon, Feb 22, 2021 at 9:21 AM Bodnar, Gregg <[e-mail]> wrote:
Morning Allyn,
Please see below for the comments received from DMF Shellfish Sanitation concerning the recent add info request. In
summary Shellfish found the above pictures helpful in determining where the differences are, and are asking for
additional drawings. Shellfish is asking for a workplan that shows the overall proposed marina layout with all
permanent and temporary slips numbered and label any areas that are used to actively used to launch/retrieve boats,
such as the "dry dock launch", which should not be considered slips since that area is specifically used to

launch/retrieve and a slip there would inhibit the intended use. The slip count for the Old Ferry redesign must be 48 or
less to meet the maximum slip count of 100 within the overall basin.
If you have any questions please let me know and we can set up a call with Shellfish to discuss.
Thanks,
G regg
From: Haines, Andrew <[e-mail]>
Sent: Friday, February 19, 2021 3:32 PM
To: Bodnar, Gregg <[e-mail]>
Subject: RE: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
Hey Gregg,
Here is the requested follow up information based on our conversation from earlier. Please let me know if this is
adequate, or if you need additional information.
Shellfish Sanitation and Recreational Water Quality rules define a "marina" as any water area with a structure (dock,
basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and constructed to provide
temporary or permanent docking space for more than 10 boats. We are required to evaluate each marina adjacent to
or in shellfish growing waters and to establish a prohibited buffer area based on, among other things, the number of
slips present in the marina. For the purposes of our evaluation here, the slips counts along all properties lining this
basin are combined in order to determine the appropriate buffer closure, and the current prohibited area is adequate
for up to 100 slips within the basin, total.
Our current count within this basin includes a total of 52 slips at all other properties besides the Old Ferry property,
meaning that the Old Ferry property can have up to 48 total slips without impacting the existing buffer closure. As
indicated in our original comments, our initial review of this project using the diagrams included in the permit
application indicated that the redesigned dockage layout at this property would create more than 48 slips, and thus
cause an expanded closure around the basin. The more detailed diagrams that the applicant has since provided have
helped to clarify where our differences in slip count seem to arise, and it appears that it is primarily related to the
number of slips being counted in the dry dock staging and retrieval area. In particular, our use of a standard 25 feet per

slip along linear dockage contrasts with the applicant's indication that in some cases, larger boats (i.e. 40 to 50 feet)
may be using certain spots, thus reducing the total number of slips.
As a resolution, we would like to request that the applicant submit a layout of the proposed redesigned marina with all
wet slips specifically numbered to indicate where boats are to be docked along all slips, including temporary docking
spaces. Excluded from this numbering are any areas where the long term docking of a boat would prohibit or
significantly impede the use of an active haul -out, drop zone, or boat ramp. For example, along the green dock labeled
"dry dock retrieve" in the image provided by the applicant titled "Old Ferry Marina Permit Request Illustration 2 13
2021", we have determined three slips on each side of that dock (25 feet per slip along both sides of a 75 foot length),
but we have not counted any slips in the area labeled "dry dock launch" because the long-term docking of any boats in
that area would preclude use of the drop zone.
Once agreed upon, if that layout is included with the application materials, and if the permit (if issued) indicates that
docking is allowed only in the numbered spaces as indicated in that diagram, then we would use that diagram for
evaluating the slip count within the basin, and would be able to avoid an expanded shellfish harvest closure. That
diagram would also be used to determine permit compliance during future evaluations of this marina basin.
Thanks, and have a good weekend!
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew.hainesa-ncdenr.gov
PO Box 769
Morehead City, NC 28557

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Monday, February 15, 2021 8:19 AM
To: Haines, Andrew <[e-mail]>
Subject: FW: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
Morning Andy,
Here is the info I received from Old Ferry Marina project concerning the slip count and usage. Please let me know if
this is sufficient to make a determination and/or if there is anything else you need.
Thanks,
G regg
From: Old Ferry Marina <[e-mail]>
Sent: Saturday, February 13, 2021 5:01 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] Re: Shellfish Sanitation comments for Old Ferry CAMA application
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Gregg,

Please find 2 photos and a letter that I hope will help clarify current slip usage and new permit request and slip
placement.
Thank you,
Allyn
On Tue, Feb 9, 2021 at 10:52 AM Bodnar, Gregg <[e-mail]> wrote:
Morning Allyn,
Please see above for a copy of the shellfish comments for Old Ferry Marina I have just received. In summary, Shellfish
Sanitation has an existing shellfish closure that incorporates the marina area and has a slip count within the closure
that currently stands at 85 slips. Anything over 100 slips within the closure would result in a shellfish closure
expansion within SA waters, which would be inconsistent with CRC rules. Shellfish counts a slip as 25 linear feet of
dockage. So their math on the linear footage of Old Ferry's proposal would increase the slip count by 21 rather than
your proposed 15, and would be over the 100 allowable slips. This is because the submitted workplans do not
designate the location of the proposed 15 slips and any justification on why the slip count increase is 15 slips.
So what Shellfish is asking for are updated workplans that show the location of the existing 32 slips and the proposed
15 additional slips, including discussion on your reasoning for the increase in slips is 15. At this time I don't think the
project needs to go on hold for additional information if you are able to provide me with the requested additional
information my Monday February 15t". At this time the comments received makes the project inconsistent with CRC
rules concerning the expansion or creation of shellfish closures within SA waters. In addition, if Shellfish agrees with
the 15 slip proposal after coordination then the closure area would stand at the 100 slip limit and any modification
that would increase slip count beyond the 100 slip max would result in the same issue.
Because we all are working from home I do not have access to my work phone with any regularity so email works the
best if you have any questions.
Thanks,
G regg

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