20211080 Ver 1_WRC Comments_20210729

� North Carolina Wildlife Resources Commission �
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 27, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for MOD, LLC, 257 Flagship Court,
Lot 43, Chowan County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 257
Flagship Court, Lot 43 of the RiverSound Subdivision adjacent the Yeopim River off Drummonds Point.
Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S.
113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended,
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to install two sections of new bulkhead with two 15' return walls landward the
wetland areas. The western bulkhead section would be 44' in length and the eastern section 121' in length
for a total of 165' with a maximum distance 3' waterward the shoreline. The Yeopim River at this
location is classified SC by the Environmental Management Commission, is designated an anadromous
fish spawning area (AFSA) by the NCWRC and NC Division of Marine Fisheries, and is within the NC
Division of Marine Fisheries Striped Bass Management Area.
The NCWRC has reviewed and commented on the development of this area since 2006. During these
reviews, comments were submitted stating concerns for a variety of impacts including treatment of onsite
wastewater, road and infrastructure establishment, general wetland fill, shoreline stabilization, marina
lighting pollution, and overall shoreline development that contributes to the disconnect and loss of
anadromous fish spawning habitat along the shoreline. These concerns were stated due to the importance
the extensive amounts of riparian wetlands and natural shorelines have for wildlife and aquatic
communities in the Yeopim and Middleton Creek systems. These wetlands and natural shorelines provide
valuable habitat areas for numerous species of small mammals, reptiles, amphibians, and neo-tropical
birds. Flood plain areas of these wetlands also provide spawning habitat for anadromous fish such as
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
blueback herring (Alosa aestivalis) and nesting habitat for a variety of duck species. The development of
individual lots would significantly impact these habitats and functions unless done so with a minimal
footprint. Permit conditions were included that took these concerns into consideration thereby limiting
shoreline development. In 2018 our agency and several other state agencies met with the developer and
discussed allowing shoreline stabilization on certain lots with bluffs that exhibited erosion. Several lots
have elevation changes from normal water level and are relatively stable with the establishment of
cypress and other vegetation along the shoreline. The majority of lots upstream the boat ramp has
extensive riparian wetlands and is not threatened by erosion. However, some lots near the marina could
benefit from shoreline protection and upland terracing or grading. Lot 43 was one such lot. Therefore, the
NCWRC does not object to application proposal as long as the following permit conditions are included:
— This area of the Yeopim River and Middleton Creek are designated AFSA and are
highly regarded by the NCWRC due to their value for several anadromous species. To
protect aquatic resources, the February 15 — June 30 AFSA moratorium is requested
for all in -water construction.
— To reduce the opportunity for sedimentation from bluff grading during biologically
sensitive times of year, the AFSA moratorium would be appreciated, but is not
required during upland grading. However, appropriate sedimentation and erosion
control measures should be installed and inspected to ensure sediment does not leave
the upland area and enter the water.
We would like to note, as we did during on site meetings, that lot development and placement of
structures on the lot can greatly influence how shorelines can be stabilized. This should be taken into
consideration for any future lot developments.
The NCWRC appreciates the opportunity to review and comment on this permit application. The proposal
took many recommendations, including minimal shallow water habitat fill, from earlier meetings into
consideration. If you need further assistance or additional information, please contact me at (252) 948-
3916 or at maria.dunn&ncwildlife.org

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20211080
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Robert Tankard:eads\rbtankard
Select Reviewing Office:* Washington Regional Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Please choose the commenting agency.*
r DCM Comments r DCM Permit
r DFM Comments r USFWS Comments
r WRC Comments r Other
Project Contact Information
Name: Maria Dunn
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20211080 1
20170001(no dashes) 1
Project Name: Flagship Court
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Chowan
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
CMDF_MOD LLC RiverSound 257 Flagship Ct_Lot
141.6K6
43_NCWRC^.pdf
Only pdf or Iv17 files are accepted.

Describe the attachments
or comments:
Sign and Submit
P By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
■ I intend to electronically sign and submit the online form.
Signature:
4" T hAk
Submittal Date: Is filled in autorratically.