20211193 Ver 1_DMF Comments_20210922

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 30, 2021
MEMORANDUM:
�fQ
NORTH CAROLINA
Environmental Quality
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)
areaa.bodnar(@NCDENR.gov
SUBJECT: CAMA / D&F
Applicant: Kyle Warren
Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County
Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new
excavation for a boat basin, maintenance excavation for the connecting access
channel, and construct a new four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gre_pp Bodnar at the address above by August 26, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks 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.
X 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 Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE 09/22/21
E Q North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA -
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
MEMORANDUM:
TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, DMF Fisheries Resource Specialist
SUBJECT: Kyle Warren, bulkhead, excavation for boat basin, dredge access channel, and
4 slip docking facility
DATE: September 22, 2021
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Major Permit application for proposed actions that impact fish and fish
habitats. The applicant proposes to construct a bulkhead landward of coastal wetlands,
perform new excavation for a boat basin, maintenance excavation for the connecting access
channel, and construct a new 4 slip docking facility. The Wilmington -New Hanover County
2006 Land Use Plan classifies adjacent waters and high ground portion at the property as
Conservation. The waters of the AIWW and Middle Sound in the vicinity of the project area
are classified SA-ORW by the Division of Water Quality. They are not designated as a
Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are closed to
the harvest of shellfish. There appears to be no SAV in the project area.
The proposed project has the potential to impact several different fisheries habitat types
such as coastal marsh, shallow soft bottom habitat, shell bottom habitat, as well as water
quality impacts associated with dredging. The proposed project would remove
approximately 16,700 ft2 of productive substrate that is used as important nursery areas
for numerous juvenile finfish and invertebrate species and would incorporate 1,977 ft2 of
Public Trust Area.
Shell bottom is an extremely productive self -building three-dimensional habitat that can be
impacted long term through dredging and filling, pollution and other contaminants. This
vital estuarine habitat is very limited in North Carolina, and restoration and conservation
of shellfish habitat is at the forefront. The presence of live shellfish that historically or
currently survive due to favorable conditions is considered shellfish habitat. Increased
sedimentation raises concern for shellfish and shellfish habitat by either the direct burial
of oyster beds or reductions in filtration efficiency, respiration rates, and/or reproduction
and settlement. Larval oysters require a clean hard bottom for attachment and
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021

sedimentation as little as 1 or 2 mm may inhibit settlement. Duration of sedimentation
suspension and water quality degradation has been shown to result in juvenile oyster
mortality. Oysters can only survive burial for 6 days by resorting to anerobic metabolism,
but experience 100% mortality on day 7 (Wilbur et al. 2001).
Shallow soft bottom is an important foraging habitat for juvenile and adult fish and
invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between
the bottom and water column. Soft bottom habitat is used to some extent by most native
coastal fish species in North Carolina. The habitat is particularly productive and, by
providing refuge from predators, is an important nursery area. Species dependent on
shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and
rays (Deaton et al. 2010).
After reviewing the applicant's proposal, the DMF does not have any resource concerns
with the configuration of the bulkhead, however, the DMF has determined the proposed
excavation of shallow soft bottom and shellfish habitat is not justified by the applicants
need and purpose. The DMF recommends the applicant minimize impacts and construct
their 4- slip docking facility in a similar configuration of the adjacent properties to the
south.
Contact Kimberlee Harding at [phone] or [e-mail] with
further questions or concerns.
Resources Cited
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural
Resources. Division of Marine Fisheries, NC. 639 pp.
USFWS (U. S. Fish and Wildlife Service. 2002. Draft Fish and Wildlife Coordination Act
Report Bogue Banks Shore Protection Project, Carteret County, North Carolina.
Wilber, D. H., and D. G. Clarke. 2001. Biological effects of suspended sediments: A review
of suspended sediment impacts on fish and shellfish with relation to dredging activities
in estuaries. North American Journal of Fisheries Management 21(4):855-875.
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021