20060030 Ver 2_More Info Received_20090113

ENVIRONMENTAL SERVICES, INC
524 S NEW HOPE ROAD
RALEIGH NORTH CAROLINA 27610
919- 212 -1760 • FAX 919 - 217-1707
www envuonmenWservicesmc com
January 13, 2009
Ms Molly Ellwood
Southeastern Permit Coordinator
Habitat Conservation Program
North Carolina Wildlife Resources Commission
Division of Inland Fisheries
1721 Mail Service Center
Raleigh, NC 27699 -1721
Re. Pecan Grove Elevated Boat Ramp & Dredging OLIA #1472
Ms Ellwood-
On behalf of the applicant, ESI would like to provide you with responses to your written
concerns outlined in your 23 October 2008 memorandum to Ms Melba McGee. Your
memo was is response to your review of the Environmental Assessment (EA) that is
being completed by Mr. David Greer regarding the proposed Pecan Grove Elevated Boat
Ramp and Associated Dredging For brevity I have not typed your original comments
here, but have responded to each of your five concerns in the order they were presented
in your memo
• Based on the SAV survey (completed by others for the applicant), no SAV occurs
in the area proposed for dredging. A relatively narrow fringe of SAV occurs
immediately waterward of the mean high water line and does not become very
extensive again until approximately 200 feet from shore The existing pier and
gazebo crosses this near shore fringe of SAV. The proposed elevated boat ramp
would be constructed in the same location and would span the area currently
occupied by SAV. The applicant will consult with CAMA to identify the proper
height for the ramp based on the differing height to width ratio The original SAV
survey was conducted by another environmental consultant prior to ESI becoming
involved with this project The applicant will consider an additional SAV survey
should DMF continue to make this a requirement of EA approval. The applicant
and ESI are currently scheduled to meet with DMF on January 20`h and this will
be addressed with DMF at that time.
• Only boat owners who live in Pecan Grove will be allowed to use the proposed
facility Their use of the ramp near Marker 90 Seafood is occurring because of a
temporary easement that has been granted to them The ramp that the residents
FLORIDA • GEORGIA • NORTH CAROLINA • SoiTrH CAROLINA • MARYLAND • OHIO

ENVIRONMENTAL SERVICES, INC
are currently using is a private ramp and is not a permanent solution for the Pecan
Grove residents. The proposed project site already contains a concrete boat ramp,
but shallow water conditions close,to shore make it virtually unusable except for
the smallest of watercraft. Even those craft have the potential to significantly
alter the substrate by propeller disturbance because of the shallow water The
improvements proposed for the project site will allow for more efficient and less
environmentally damaging access to the Intracoastal Waterway. The upland
portion of the project site will remain in its current condition, which is basically
an open field with a few trees
• The deep water access currently being provided at the ramp near Marker 90
Seafood is temporary in nature This is a private ramp and Pecan Grove
homeowners have been granted temporary access until the Pecan Grove ramp is
either unproved (by dredging from the existing ramp to the channel) or replaced
with the proposed elevated ramp. It was never intended to be a permanent
solution
• The design of the proposed elevated boat ramp is consistent with ramps used in
other states and by the military. The volume of homeowners utilizing the
proposed elevated boat ramp in no way compares to the volume of boat traffic
experienced at a public boat ramp The low volume of use will allow users to
temporarily tie off their boat at the end of the boat ramp while parking their
vehicle or loading/unloading the boat. This will be a private boat ramp and the
individual safety concerns and liabilities will be the responsibility of the
homeowners who use the ramp.
On behalf of the applicant, thank you fox allowing us to respond to your concerns Mr.
Daniel Govoni of NCDCM indicated that the applicant was to respond directly back to
the commenter Please notify Mr Govoni,after your review of these responses if your
concerns have been satisfied or if you desire additional information.
Please contact me directly if you would like to discuss these issues further.
Kind regards,
ENVIRONMENTAL SERVICES, INC.
�
`"r
JeffHarboui, PWS
Cc: Mark Clements

ENVIRONMENTAL SERVICES, INC.
524 New Hope Road
Raleigh, NC 27610
919 -212 -1760 / Facsimile 919 - 212 -1707
www .environmentalservicesinc.com
MEMORANDUM
TO: Joanne Steenhuis — NCDWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
FROM: Jeff Harbour, PWS
DATE: February 4, 2009
RE: Pecan Grove Elevated Boat Ramp & Associated Dredging Project No. 1472
On behalf of the applicant, ESI is submitting the following information to you in response to
your comments documented in your memo to Daniel Govoni of NCDCM regarding the above
referenced protect. The following information is presented in the same order that it is presented
in your memo Mr Govom asked that we respond directly back to each individual commenter
Wetland Delineation — The EA states that ESI conducted a wetland delineation I actually should
have stated that I conducted a wetland assessment where I estimated the amount of wetlands
occurring onsite The amount of onsite wetlands reflected by the original 2004 delineation and
map should be considered the correct amount.
Larger Boats & Shel ash Lease — Information provided by the applicant indicates that the
previous shellfish lease held by Mr Lea is no longer in effect and was waived by Mr Lea when
the applicant originally constructed the existing pier /gazebo. With regard to large boats using
the area, the applicant has no information with regard to the type of vessels that will utilize the
ramp The ramp is proposed to be 12 feet wide and any boats that exceed that will have to find
suitable ramps to accommodate their larger size Obviously, discharges from on -board heads
will be discouraged and any signage required by state regulations will be used at the boat ramp
facility
Tuy bidtty Curtains — The marine contractot will utilize turbidity curtains to minimize turbidity
impacts.
Width of the Elevated Ramp and Alcohol Use — The volume of people utilizing the proposed
ramp will be relatively small compared to a public ramp The applicant and the marine
contractor feel that a 12 -foot wide ramp provides ample space for a boat owner to back their boat
trailer It is my understanding that the temporary easement currently being afforded to the
homeowners has a space narrower than 12 -feet wide that goes through an existing building

Therefore, it is our opinion that the current design is adequate for the intended use These types
of ramps (12 feet wide) have been built elsewhere in the southeast for both military and
recreational users, Additionally, it is not the applicant's responsibility to provide the additional
protection of a wider ramp for boaters who knowingly violate the state and federal laws
regarding operating a boat under the influence of alcohol
Dredging & SAV — All dredging and offloading will occur during periods of high water to avoid
impacts to the bottom Previous work conducted on this site for the existing pier /gazebo was
conducted during high water periods with little to no bottom disturbance At the request of the
applicant, ESI is currently working directly with DMF to address their concerns associated with
this project The applicant is also considering some form of compensatory mitigation to offset
any potential impact, although no mitigation thresholds have been exceeded and this would be
considered voluntary on the part of the applicant. The preferred alternative proposes dredging an
area encompassing approximately 0 08 acres with an estimated dredged volume of
approximately 213 yards3.
Moratorium Dates -- The contractor will comply with all mandatory moratoria dates
Offsite Alternative — The residents of Pecan Grove have been granted temporary access at a
nearby boat ramp located at the end of Lewis Road This offsite location is currently private
property and the temporary access was granted only until a permanent solution could be found.
Although this offsite location does provide access to deep water, it does not meet the applicant's
stated purpose and need for the proposed elevated boat ramp, which will be located directly
adjacent to Pecan Grove The Lewis Road site was not included in the EA because it has never
been promoted as a permanent solution by anyone other than the regulatory community While
the Lewis Road site does avoid and minimize potential impacts to surface waters, other
considerations must also be taken into account, including financial considerations Mandating
the use of the offsite private property for the permanent use by the Pecan Grove residents could
possibly be viewed as a taking of private property. It appears that the applicant's generosity to
the homeowners in providing temporary access is being ignored and private property rights could
be infringed upon without the proper regulatory jurisdiction to do so
The applicant and ESI respectfully request that NCDWQ look at all of the factors that are part of
this scenario The applicant has spent a lot of time and resources trying to fulfill a commitment
to the Pecan Grove residents He has made requests to improve the usability of the existing boat
ramp, but without success (denied do to dredging an area then occupied by SAV) He has
allowed temporary use of the offsite Lewis Road ramp, but can not maintain the temporary
access easement much longer due to other financial commitments The applicant respectfully
requests your support of a FONSI for his preferred alternative, which avoids direct impacts to
SAV, minimizes the amount of dredging originally proposed, and meets the purpose and need of
the applicant All environmental responsibilities will be taken very seriously and, if necessary,
the applicant may voluntarily provide some sort of compensatory mitigation, depending on
further DMF comments
Please provide your comments to Mr. Daniel Govoru at your earliest convenience Thank you
for your time in reviewing the EA and our responses to your concerns.

Mar 18 09 11:45a mark Clements
SPATE OF NORTH CAROLINA
COUNTY OF PENDER
910 -270 -9110
F LED
08 HPR - 3 PM 3:44
j" "'- M SWICLOOOD
461 -T-:�17 OF DEZOS
PrlipER COUNTY, NC
p.l
BK3437PG115
BASEMENT AGREEMENT
S EASEMENT AGREEMENT (the "Agreement") is entered into as of the
day of A. .2008 by and between DAVID GREER CONSTRUCTION, INC,
(the "Owner ") and the PECAN GROVE PLANTATION HOA, INC, a North Carolina non-
profit corporation (the "Association ")
RECITALS
A The Owner agreed to construct fully functiorung boat launching facilities
within the Pecan Grove Plantation community for the benefit of the Association, its members,
and their guests and invitees on the real property described on Exhibit-A hereto, including boat
ramp, gravel driveway, at least nine (9), IT x 40' parlung spaces, and a pier and staging areas, a
20' wide by 4' deep dredged channel beginning at the boat ramp and extending to the Intracoastal
Waterway, channel markers demarkmg said channel (collectively, all of these facilities are
referred to herein as the "Boat Launching Facilities "), which construction required, without
limitation, obtaining the necessary permits to construct the same
B The Owner has not yet completed construction of the Boat Launching
Facilities The Owner will substantially complete ali of the Boat Launching Facilities after
obtaining the necessary CAMA Pernut to complete the channel dredging contemplated
C Pending performance of the Owner's obligations to complete the Boat
Launching Facilities, Owner has agreed to grant the Association, its members, and their guests
and invitees an easement to utilize an alternate an alternate boat launching facility located on the
Owner's property described on Exhibit B hereto (the "Property "), which Property is located at the
Recor Wdceg
]ayce
RG;lstc f Deeds
Ycuc►ci 'ounty,NC
9

Mar 18 09 11:46a mark Clements 910- 270 -9110 p.2
0. X3437PG 176
end of Lewis Road, including the exclusive use of seventeen (17) parking spaces at least forty
feet (40') in length, until the completion of thb Boat Launching Facilities by the Owner
NOW, THEREFORE, the parties hereto, in consideration of the mutual promises
contained herein and other good and valuable consideration, the receipt and sufficient of which
are hereby acknowledged, covenant and agree as follows.
(1) IngWoratmon of Recitals The recitals set forth above and the Exhibits
attach ed hereto are hereby incorporated herein by reference as if set forth in full in the body of
this Agreement
(2) Easement The Owner, for itself, its successors and assigns, hereby grants
to the Association, its members, and their guests and invitees, a temporary, nonexclusive right,
privilege, and easement over, under, across, and through the Property for ingress, egress, regress,
and access to and from the boat ramp facility located on the Property. The Owner, for itself its
successors and assigns, also grants to the Association, its members, and their guests and invitees,
the exclusive right to utilize seventeen (17) parking spaces on the Property, each at least forty
feet (40') in length, said parking spaces to be clearly marked and identified as for the use of the
members of the Association These rights, privileges, and easements shall commence on the date
of this Agreement and expire upon completion of the Boat Launching Facilities
(3) Completion of Construction of the Boat Lau thing Facihnes The Owner
shall complete the construction and dredging necessary for the full intended use of the Boat
Launching Facilities, including using all available efforts to obtain the necessary permits to
complete the same The Association shall reasonably cooperate with said construction and
permit applications
(4) Completion Notice Upon completion of the construction and dredging
necessary to complete the Boat Launching Facilities, the Owner shall provide written notice to
the Association that the construction is complete ( "Completion Notice ") Within ten (10)
business days of receipt of the Completion Notice, the Association will inspect the Boat
Launching Facilities to verify that construction of the same is complete, in good order and
working condition, and in all manners finished in order to perform the function for which it was
designed. Provided that the Boat Launching Facilities is complete to the satisfaction of the
Association, and the entirety of the property described on Exhibit A has been conveyed to the
2

Mar 18 09 11:46a mark Clements 910 - 270 -9110 p.3
nu
on3431PG 111
Association, the parties hereto will execute a Termination of Easement Agreement in recordable-
form to effectively terminate this Agreement.
(5) Parking The Owner will use all reasonable efforts to maintain adequate
padung on the property to accommodate all users of the Property during peak use times
Furthermore, the Owner will maintain seventeen (17) parking spaces located adjacent to the boat
ramp facilities for the exclusive use of the Association, its members, guests and invitees
(6) Notices All notices and other communications hereunder shall be in
writing and shall be deemed to have been duly given for all purposes when delivered in person or
the date on which deposited in the United States mail, by registered or certified mail, return
receipt requested, postage prepaid, or delivered to an express carrier service guaranteeing
overnight delivery, in either case addressed a ollows-
If to the Owner. Av tD Oi�S i' JNe
. a• v 1813
m�,s•c k • C�,
r � I
If to the Association. Pecan Grove Plantation HOA, Inc
c/o Annette Springle
1630 Military Cutoff Road, Suite 104
Wilmington, NC 28403
Or to such other addresses or entities as the parties hereto may from time to tune direct by notice
to the other parties hereto given as provided above.
(7) He r,s The headings used in this Agreement are for convenience and
reference only and are not a part of this Agreement and do not m any way control, define, limit,
or add to the terms, covenants, conditions and provisions hereof
(8) Governing Law This Agreement shall be construed, interpreted and
governed by the laws of the State of North Carolina
(9) Ilindtng Effect This Agreement shall be binding upon and shall Inure to
the benefit of the parties hereto and their respective successors and assigns
(10) Covenants punning with the Land All parties hereto intend that the
easements, covenants, and agreements contained herein are to be covenants running with the
Property and affirmatively enforceable against the owners of the Property. In furtherance and
3

BK3437PG 118
not in limitation of, of the foregoing, it hereby is understood and agreed that the easements
granted herein benefit the real property described on Exhibit A of this Agreement (the "Benefited
Property ") and shall run with the Benefited Property until terminated as described in accordance
with Section 4 of this Agreement
(1 j) Entire Agl"ment This Agreement contains the entire agreement among
the parties hereto with respect to the subject matter hereof, and there are no other terms,
conditions, provisions, understandings, statements, or representations, expressed or implied, {
concerning the subject matter hereof.
[Signatures and authentications on the following pages]
4
il'd OTT6 -OLZ -016 s %uDWaTO MJUW OLO:TT 60 81 Jew

B00431K179
IN WrrNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed the day and year first above written
OWPT'°°
DAN
By
1�II fRNa Y COUNTY, -77& 1 STATE
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document for the purpose(s) stated
therein, in the capacity indicated, and having been first authorized to do so
,f7 A d � !? i5 IE � President of David Greer Construction, Inc
Date a 4— v t - duv- ? -�,eaelc
Signature iftotary Public
My commission expires
(Official Seal)
w
(Signatures continue on the following page)
,�y G
i�-0 1101111100
5
S'd OTTS- OLZ -OTS S %uawaTa Miew eLV :TT s0 81 Jew

BK3437PG 180
PECAN GROVE PLANTATION HOA, INC
tjtW t '1f 4 ii COUNTY, n0i STATE
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document for the purpose(s) stated
th rein, in the capacity indicated, and having been first authorized to do so.
President of Pecan Grove Plantation HOA, Inc
Date 1�t4i�i 1 ?I , un '
Sig ure of Notary Publcc 11Z F. 60*S
My commission expires. L 0
1
(0
%9LI
070546- 00001 -001
WLMAIN1165210\3
6
9'd O176- OLa -016 s4uaW813 miew BLV :TT 60 8T JOW

BK3437PG 181
Boat Launching Facilities Property
Those tracts or parcels of land depicted on that certain "Master Site Plan of Pecan Grove
Plantation," recorded in the Office of the Register of Deeds of Pender County at Slide 481, in
Map Book 35, at Page 137, and described as "Site of Existing Boat Ramp to be improved," and
"Recreation Area, Site of Proposed Gazebo, Swimming Pool, Pier, etc for the Use of Pecan
Grove Plantation Lot Owners,"
I
L'd OT T6 -OLZ -016 SWOW810 MJ8W eab = T T 60 at LBW

OK3431PG182
EXH
PM AY
Located in Topsail Township, Pender County, North Carolina
adjacent to and West of the Western Right -of -Way line of
Secondary Road No 1564, adjacent to and North of Topsail Sound
and being more fully described as follows, to wit.
BEGINNING at an existing iron pipe in the Southwestern
Right -of -Way line of Secondary Road No 1564, said iron pipe
marks the Eastern dividing corner between Lots 1 and 4 of the Eva
Lewis Division as shown on a map of same duly recorded in Map
book 15 at Page 80 of the Perider County Registry; and running
thence, from the Beginning, so located,
(1) with the Southwestern Right- of-Way line of Secondary Road
No 1564 South 37 Degrees 23 Minutes 00 Seconds East
254 60 feet (passing over an existing in line iron stake iii the
Northern line of an old community roadway known as Lewis
Road Southwest at 19914 feet) to an existing iron stake that
marks the Southwestern terminus point of Secondary Road
No 1564 as per map the Eva Lewis Division map duly
recorded in Map Book 15 at Page 80 of the Pender County
Registry, thence,
(2) South 68 Degrees 09 Minutes 00 Seconds West 7 05 feet to an
existing iron stake that marks the Northwestern corner of the
Lea Properties, Inc, lands described in Deed Book 1323 at
Page 281 of the Pender County Registry, thence,
(3) with said line South 26 Degrees 47 Minutes 19 Seconds East
140.38 feet (passing over an existing in line iron stake at
139.14 feet) to a steel nail on top of a bulkhead to Topsail
Sound, thence,
(4) along said bulkhead and the lugh water line of Topsail Sound
the following traverse courses and distances South 76 Degrees
34 Minutes 27 Seconds West 8.58 feet, South 65 Degrees
55 Minutes 58 Seconds West 25 79 feet, South 66 Degrees
58 Minutes 54 Seconds West 42 23 feet and South 77 Degrees
50 Minutes 00 Seconds West 72.76 feet to a point of the
outside comer of said bulkhead, thence,
(5) with the Western line of Tract No 1 of the Eva Lewis Division
North 20 Degrees 53 Minutes 00 Seconds West 355 16 feet
(passing over an existing in line iron stake on the Northern
edge of Lewis Road Southwest at 199 34 feet and an existing in
9'4 0116 -OLZ -016 s %uawai0 miew es{,tij so eT jew

BK437PG 183
line iron stake at 1179 feet) to an existing iron pipe that m s
the Northwestern corner of said Tract No. 1, thence,
(6) with the Northern line of said Tract No 1 North 53 Degrees
12 Minutes 00 Seconds East 7140 feet to the Beginning,
containing 1.019 acres more or less and being a portion of
Tract No 1 of the above said Eva Lewis Division shown on a
map duly recorded in Map Book 15 at Page 80 of the Ponder
County Registry
The above described tract is 'Subject to" an existing community
roadway known as Lewis Road Southwest for ingress, egress and
regress to and from other lands with said roadway lying adjacent to
and South of existing iron stakes called for in the above described
boundaries.
A map showing the above described property is recorded in Map
Book 15, Page 80
Said tract being the same real property conveyed to the Owner by
North Carolina General Warranty Deed dated May 18, 2004,
recorded m Book 2392, at Page 263 in the Office of the Register of
Deeds of Ponder County
6'd oiT6 -OGZ -016 S%Uawelo Njew eBb:TT so 81 Jew

ENVIRONMENTAL SERVICES, INC.
524 New Hope Road
Raleigh, NC 27610
919212 -1760 / Facsimile 919- 212 -1707
www .environmentalservicesine.com
MEMORAAD UM
TO: Anne Deaton
NC Division of Marine Fisheries
3441 Arendell Street
P,O Box 769
Morehead City, 28557
FROM: Jeff Harbour, PWS
DATE: February 5, 2009
RE: Pecan Grove Elevated Boat Ramp & Associated Dredging Project
On behalf of the applicant, ESI is submitting the following information to you in response to
your comments documented in your memo to Melba McGee of NCDCM regarding the above
referenced protect The following information is presented in the same order that it is presented
in your memo Mr. Govom oc NCDCM compiled the comments fiom various agencies and
asked that we respond directly back to each individual commenter
1 It is my understanding that the ramp can be used by some types of shallow draft vessels during
periods of high water, however, it does not and can not provide continuous water access to the
residents of Pecan Grove
2 Consultations between the applicant (David Greer) and the marine contractor (Mark Clements)
resulted in the final 12 -foot wide dimension for the proposed elevated boat ramp The Lewis
Road ramp, where the residents currently have temporary access, has areas narrower than 12 feet
where boat owners must navigate their trailers. It is my understanding that the owners currently
have to back their trailers through an existing building or structure to reach the actual ramp.
3. The volume of boat traffic is expected to be small compared to a public ramp and the applicant
and contractor feel that boat owners will be able to easily he off their vessel at the end of the
ramp where the railings end while parking their trailer. The depths at the end of the ramp will be
sufficient ( -4.5') assuming that the small amount of associated dredging proposed under this
project is allowed
4 A copy of the original SAV map prepared for the applicant by Dial Cordy Associates (DCA)
is attached along with ESI's graphical depiction based on the map from DCA and our own onsite
observations

ENVIRONMENTAL SERVICES, INC
5 I have no information as to when DCA conducted the SAV survey from which the conclusions
in this report were reached as the date was not apparent on the map provided to me Their results
were provided to me by the applicant when ESI was asked to assist with the EA I visited the
site in August 2008 and sampled a few random locations near the existing pier to verify some of
the results depicted on the DCA map I did not conduct a comprehensive survey in August 2008
6 The contractor has indicated to me that offloading (and all other work) will occur during
periods of high water to avoid/muumize bottom disturbance
7. The proposed lamp will be a minimum of three (3) feet above the ground surface where it
crosses the fringe of coastal marsh The ramp will then extend across the open water to a point
where it slopes down to terminate on the bottom substrate
8 At this point I am not aware of the total number of pilings or actual spacing between the
pilings I do understand that they should not be as densely spaced as those you refer to
9 The ramp will be constructed from wood and concrete The concrete portion will be located at
the ramp's terminus. The remaindei will be constructed from wood The deck boards will have
1 -inch spacing between boards to allow light penetration
10 The applicant proposes to replace the existing pies /gazebo with the elevated boat ramp to
utilize the same basic footprint over public trust waters Adding the boat ramp and leaving the
pier /gazebo only increases the shading effect and creates an entirely new footprint The existing
boat ramp will remain in place to avoid further bottom disturbance
11 As stated in Item No 5, I visited the site in August 2008 and sampled a few random points
near the existing pier /gazebo I did not conduct a comprehensive survey that would allow a full
comparison with the results provided by Dial Cordy The term "relatively accurate" should not
have been used and I should have provided more detail on assessing the random sample points
12 My comment regarding "work at low water" is incorrect The proposed work will be
conducted during periods of high water The contractor will deploy and maintain turbidity
curtains during the removal of the pier, construction of the ramp, and diedgmg of the small
channel
13 The applicant proposes to "soften" the curvature where the dredged area will meet the
existing access channel Markers and possible signage will be used to educate boaters of the
importance of using the marked channel An informational kiosk may also be constructed at the
ramp documenting the SAV that occurs in the area and the importance of its continued protection
from prop scour and boat groundings on the shallow shoal adjacent to the Intracoastal Waterway
14 The contractoi reported that he has spoken with a man in Florida who holds a patent for an
elevated ramp design He indicated that he had installed these types of ramps for both the
military and parks and recleatxon departments in Florida However, he did say that some of these
ramps that were public, and had very high traffic volumes, were removed due to perceived safety

ENVIRONMENTAL SERVICES, INC
concerns The Pecan Grove ramp will be located on private property, will not be available to the
general public, and will have a low ttaffic volume
15 The preferred alternative comprises dredging approximately 213yds3 over an area of
approximately 0 08 acre (3,840 2). This is the smallest impact of the three "action alternatives"
Obviously, the No Action alternative imposes no impacts; however it does not meet the
applicant's purpose and need The alternative that allows for the continued use of the Lewis
Road site is not appropriate in this instance The easement currently being used by the Pecan
Grove residents has always been understood to be temporary in nature until a permanent solution
could be constructed on the current protect site The Lewis Road site was not included in the EA
because it has never been promoted as a permanent solution by anyone other than the regulatory
community Mandating the use of the offsite private property for the permanent use by the
Pecan Grove residents could possibly be viewed as a taking of private property It appears that
the applicant's generosity to the homeowners in providing temporary access is being ignored and
private property rights could be mfrmged upon without the proper regulatory jurisdiction to do
so
Additional Information
The applicant is willing to offer some type of mitigative measures onsite to compensate for the
bottom disturbance resulting from the proposed dredging These actions could be designed to
enhance the SAV habitat or any of the other coastal habitats occurring onsite SAV mitigation
does not appear to be a common practice in North Carolina at this time, but the applicant is
willing to consider viable options SAV restoration could be considered a viable option if a
readily available source of the planting stock could be identified
The applicant and ESI respectfully request that NCDMF look at all of the factors that are part of
this scenario The applicant has spent a lot of time and resources trying to fulfill a commitment
to the Pecan Grove residents He has made requests to impiove the usability of the existing boat
ramp, but without success (denied do to dredging an area then occupied by SAV) He has
allowed temporary use of the offsrte Lewis Road ramp, but can not maintain the temporary
access easement much longer due to other financial commitments The applicant respectfully
requests your support of a FONSI for his preferred alternative, which avoids direct impacts to
SAV, mimmi es the amount of dredging originally proposed, and meets the purpose and need of
the applicant All environmental responsibilities will be taken very seriously and, if necessary,
the applicant may voluntarily provide some sort of compensatory mitigation, depending on
further comments
Please provide your comments to Mr Daniel Govom of NCDCM at your earliest convenience.
As always, thank you for your time in reviewing the EA and these responses to your concerns
Do not hesitate to call me directly if you have further questions.
Cc. Mark Clements