20211193 Ver 1_WRC Comments_20210929

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Directer
NORTH CAROLINA
Environmental Quality
July 30, 2021
MEMORANDUM C 2 u 6- 03- D I
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)
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g.bodnar(M-NCDENIR.goy
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 forth to Grega 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.
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 n
AGENCY
N (/rJ L (
SIGNATURE
DATE Z� -2,o2J
North Carof3na Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.1215

North Carolina Wildlife Resources Commission U
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
J'�, D
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: September 30, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Kyle Warren, New Hanover 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 1324 Final
Landing Lane adjacent to Middle Sound and the AIWW near Wilmington, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
I I3A-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 et 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 470' bulkhead P landward Section 404 and coastal wetlands to
stabilize the shoreline and around a culverted driveway. In addition to the shoreline stabilization, a 139'
by 6' fixed pier with a four -slip docking structure is proposed within a cove. The U-shape floating dock
would have two 6' by 48' finger piers positioned perpendicular to the shore to create the slips, one of
which will have a 13' by 13' lift. To provide adequate depths, new excavation within the cove and
maintenance excavation with a section of the AIWW access channel is proposed. The basin would be 70'
by 75'-100' to a depth of 4' NLW with removal of a 12' by 90' shoal that connects the cover to the Little
Creek access channel. This connecting access channel was recently authorized by State Permit #42-18.
Approximately 16,700 ftz of shoal and shallow water habitat areas will be disturbed with excavated
material deposited on DA-228. The applicant states a 10' buffer from coastal wetlands will be observed.
Middle Sound and the AIWW in this location are classified SA ORW by the Environmental Management
Commission,
Mailing Address: Habitat Conservation • 1721 Mail Service Centex • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
The NCWRC has reviewed the permit application and does not object to the installation of the bulkhead
as proposed. However, we have concern with the proposed location of the four -slip docking facility
within the cove. Shallow water areas within the cove and along the wetland interface provide important
foraging opportunities for numerous aquatic species. Bare sand shoals also provide foraging and wading
areas for multiple species of shore and waterbirds. The close proximity of wetlands to this shoal also
increases its functional value. Excavation of the shallow water aquatic habitats and the bare sand shoal
would directly remove important habitat areas. In addition to the concern with the direct impact to
foraging habitat from shoal removal, the dredge activity would likely compromise integrity of the
wetlands on either side of the shoal, or what would be the mouth into the cove. The creation of a 4' NLW
channel and subsequent ingress and egress of vessel traffic would likely erode wetlands and important
habitat areas over time.
Therefore, the NCWRC requests the applicant extend the pier length and site the four -slip docking facility
outside the cove. This would be consistent with adjacent pier head alignments to the south and place the
docking facility adjacent to the Little Creek access channel referenced in State Permit #424 8. This new
location would lessen the amount of material removed as well as lessen impacts to environmental
resources since the shallow water habitats within the cove and shoal would not be excavated. The distance
from the repositioned dock to the access channel would be similar to if not less than the distance from the
outside edge of the shoal to the access channel. This would reduce immediate excavation needs as well as
future excavation needs and resource impacts. If the docking facility is relocated outside the cove, no
moratoria would be requested to minimize in -water disturbance during important biological periods since
any excavation, if needed, would be further away from sensitive aquatic resources.
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
m ria.dunnCancwildlife.org