20211495 Ver 1_WRC Comments_20211207

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

MEMORANDUM

TO: Holley Snider
Division of Water Resources
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division

DATE: December 7, 2021

SUBJECT: Chris Myers, 8733 Bald Eagle Lane, Wilmington, NC, New Hanover County.
NCDWR No. 20211495

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 8733 Bald
Eagle Lane adjacent to Futch Creek in Wilmington, 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 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 install a new 104’ bulkhead approximately 2’ waterward the existing bluff with
8’ wing walls to fill a maximum 208 ft2 of wetlands consisting of Section 404 and coastal wetlands. The
applicant’s purpose for the forward bulkhead alignment is to avoid impacts to an existing deck located 7’
to 8’ landward the shore. In addition to the bulkhead, a new 99’ by 6’ access pier is proposed to extend
from the proposed bulkhead into Futch Creek. Eighty-two feet of the pier would be constructed
waterward NHW with approximately 72’ of the structure over coastal wetlands. The 20’ by 20’ L-head
gazebo would extend west of the access over an oyster mud flat. An access ramp would extend from the
gazebo to an 8’ by 42’ floating dock positioned parallel the shore with a smaller 8’ by 14’ floating portion
that incorporates a kayak launch. A 14’ by 14’ lift is proposed for each end of the floating dock to create 4
slips. The dock and lifts will extend a maximum 65’ waterward to meet the pier headline. The docking
facility extends 60’ into the 300’ to 561’ wide water body, adhering to the ¼ width rule. Water depths at
the proposed facility and 5’ waterward the pierhead line are 0.3’ MLW. Water depths on the waterward
side of the existing lift and dock were approximately -1.8’ NLW. Active oyster beds are in the area. No
submerged aquatic vegetation (SAV) was noted at the site. The applicant has offered to install stops to
prevent the floating dock from resting on the creek bottom during low water events. Futch Creek is
Page 2

classified SA HQW 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 has several concerns with the project as proposed
and its impacts to natural resources. We would like to state these concerns as well as support for any
recommendations presented by the NCDMF to protect marine resources within the PNA. PNAs are
defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish
or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, the
shallow water habitats of Futch Creek provide important rearing areas for this variety of estuarine fishes
and invertebrates that need relatively undisturbed habitats. Prolific shellfish resources observed during a
November 16, 2021 site visit conducted by NCDMF, NC Division of Coastal Management (NCDCM),
and NC Division of Water Resources (NCDWR) demonstrate the use of this area by aquatic resources.

Therefore, to minimize impacts to the aquatic resources in the area, we recommend the following:

• Bulkhead installation should be done as close as possible to the existing bluff to minimize
impacts to shallow water and wetland habitats. This distance is likely less than the proposed 2’
waterward from shore alignment.

• The proposed 8’ by 42’ floating dock with an additional 8’ by 14’ floating dock with kayak
launch is a significant sized structure to successfully incorporate stops. While stops have been
successful in preventing floating structures from sitting on bottom substrate and creating chronic
sediment disturbance, they are generally incorporated in smaller structures. To minimize elevated
turbidities, sediment and aquatic habitat disturbance, it is recommended a dock this size be fixed
and not floating.

• Boating and lift activity within the shallow depths of the proposed slips may create a continued
source of chronic sediment disruption and elevated turbidity if use of the lift occurs during low
water events. To better utilize lifts in these shallow depths, a sling style lift is recommended with
cable limit switches set at 18” above substrate.

• To minimize impacts to marine resources during important biological periods, the NCWRC
supports the April 1 – September 30 moratorium recommended by the NCDMF.

Development proposals within sensitive habitat areas may occur as long as avoidance and minimization
of impacts to natural resources is demonstrated. To aid in this process, the NC Department of
Environmental Quality (NCDEQ) offers the opportunity to conduct an interagency meeting to learn of
potential resource concerns and permit application needs as it pertains to the project proposal prior to
permit application submittal. These meetings are beneficial for the applicant to guide the process and can
be scheduled by contacting the appropriate NCDEQ regional office.

We appreciate the opportunity to review and comment on this permit application and look forward to any
additional discussion. If you need further assistance or additional information, please contact me at (252)
948-3916 or at [e-mail]