20211157 Ver 1_WRC Comments_20210730

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
July 23, 2021
MEMORANDUM:
NORTH CAROL.INA
Environmental Quality
11. 2-1. D-A - 2-6.013
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnari_NCDENR.gov
SUBJECT: CAMA
Applicant: Danny Rice, LLC
Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the A114W in Hampstead, Pender
County
Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for
a total of two slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to GEM Bodnar at the address above by August 19, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME V-, U,n
AGENCY �A L,t-� iZc—
SIGNATURE i
DATE
D North Carolina Department of Environmental Quality I D1v€sion of Coastal Management
Wilmington Office i 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7?15

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 30, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Danny Rice, LLC, Ponder 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 off Lots 11
and 12 Topsail Watch Drive adjacent the AfWW in Hampstead, NC. 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, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S-C. 661 ct seq_), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
The applicant proposes to construct a shared 6' by 765' access pier, 10' by 26' fixed platform, and two
13' by 13' boatlifts. The lifts would be approximately 160' waterward the outer edge of marsh in a 1,183'
wide water body that has a narrow channel 170' from the outer marsh edge. Water depths in the vicinity
of the slips are -2.1 to -3A' NLW. The area is recognized as a submerged aquatic vegetation (SAV)
habitat area, though no plants were seen within the slip footprint during the NC Division of Coastal
Management (NCDCM) and NC Division of Marine Fisheries site visit. The AIWW in this area is
classified SA by the Environmental Management Commission and is designated a Primary Nursery Area
(PNA) by the NC Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the permit application and does not object to permit issuance. The project area
has numerous important environmental resources, such as coastal wetlands, PNA habitats, and SAV.
Therefore, we request the following best management practices to minimize impacts to these
environmental resources:
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-172I
Telephone: [phone] • Fax: [phone]

Page 2
The project has coastal wetlands in the area that will likely be impacted during
construction of the extensive access pier. Wetlands provide important water quality
functions and habitat opportunities to PNAs. To minimize impacts to this resource,
an April I ­ September 30 in -water moratorium should be placed on the project.
This includes construction in opezz water and over wetlands or lands regularly
inundated. Matting should be used to minimize the effects of temporary impacts
from heavy equipment during construction.
Shoaling may occur along the banks of the AIW W within the project vicinity. The
placement of structures in this area may increase the amount of sediment accretion
at the docking facility. Due to the classification of this area as PNA, any future
requests for dredging in the area will be denied. We request the applicant to fully
evaluate this issue prior to creating these environmental impacts.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.d unn(a',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* 1
20211157
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Holley Snider:eads\hasnider
Select Reviewing Office:* Wilmington 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?*
(- Yes (-- No
Please choose the commenting agency.*
r DCM Comments C DCM Permit
r DFM Comments C USFWS Comments
r WRC Comments C Other
Project Contact Information
Name: Maria Dunn
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20211157 1
20170001(no dashes) 1
Project Name: Topsail Watch Drive Lots 11&12
Is this a public transportation project?
C Yes
(-- No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
(-- Yes C No C Unknown
County (ies)
Pender
Please upload all files that need to be submited.
dick the upload button or drag and drop files here to attach docurrent
CMDF_Danny Rice_NCWRC^ pdf 871.26KB
Only pdf or lqm files are accepted.
Describe the attachments
or comments:

Sign and Submit
W 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:
T &a
Submittal Date: Is filled in autorratically.