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HomeMy WebLinkAbout20220402 Ver 1_WRC Comments_20220406ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 14, 2022 MEMORANDUM:: NORTH CAROUNA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckANCDENR.gov SUBJECT: CAMA Applicant: Crystal Wise Project Location: 724 Alyssum Ave., adjacent to Piney Point Creek in Caswell Beach, Brunswick County Proposed Project: The applicant proposes to construct a private two (2) slip docking facility with an elevated 10' section over Piney Point Slough. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by April 6, 2022. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. AGENCY N C4 J2 C SIGNATURE ---' DATE - (o - 'Z cZZ North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension i Wilmington, North Carolina 28405 910.79b.7215 North Carolina Wildlife Resources Commission MEMORANDUM TO: Cartt.eron Ingram, Executive Director Cameron Luck Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: April 6, 2022 SUBJECT: CAMA Dredge/Fill Permit Application for Crystal Wise, Brunswick 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 724 Alyssum Avenue adjacent to Piney Point Creek in Caswell Beach, 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 etseq.), 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 680' by 6' pier that leads over coastal wetlands and a shallow slough to the main channel of Piney Point Creek to create a two -slip docking facility. The end of the pier would terminate in a 10' by 16' fixed pier that ramps down to a 10' by 16' floating dock aligned with the creek channel. A 10 by 3' finger pier would extend waterward from the fixed platform to a boat lift positioned in water depths -2.5' to -5' MLW. The pier would be elevated 6' over the shallow slough to continue to allow access for small vessels. Piney Point Creek is classified SA by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application and has considered its impacts on environmental resources. Piney Point Creek is designated a 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 Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigi, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 physical, chemical or biological factors. As a designated PNA, shallow water habitats and coastal wetlands provide important rearing areas for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats. During construction, the wetlands and open water areas within the project area will be disturbed. These wetlands provide important water quality functions and habitat opportunities to PNAs. Therefore, to minimize impacts to this resource, an April 1 — September 30 in -water moratorium should be placed on the project. This includes construction in open water and within wetlands or lands regularly inundated. Matting should be used to minimize the effects of temporary impacts from heavy equipment during construction. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at niaria.dunn a,ncwiidlife.org