20220486 Ver 1_Raney Comments_20220523

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 25, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMA/D & F
Applicant: Scott and Meredith Raney
Project Location: 18 Pelican Dr., adj. to Lees Cut, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to replace the existing bulkhead by stepping out a max of
11.5' and an average of 7' below NHW to connect the corners of adjacent
bulkheads, remove the existing docking facility, and construct a new three (3)
slips docking facility with a covered gazebo, floating docks and two (2) boat lifts.
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 20, 2022. 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 Kimberlee Harding
AGENCY
NCDMF
SIGNATURE /1a-I'Le i1-1"- 7VC"/-"1
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
DATE 05/23/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
MEMORANDUM:
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Scott and Meredith Raney
DATE: May 20, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The applicant is proposing to replace an existing bulkhead with realignment to
connect to both adjacent properties by extending waterward a maximum of 11.5' and an
average of 7' below NHW, remove the existing docking facility, and construct a new 3-slip
docking facility with a covered gazebo, floating docks, and two (2) boat lifts. The Town of
Wrightsville Beach Land Use Plan classifies the area in the vicinity of the project area as
Low Density Residential. The waters in the project area are classified as SB by the N.C.
Division of Water Resources. 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.
On April 29, 2022, DMF staff along with DCM and DWR conducted a site visit at low tide to
evaluate impacts to fish and fish habitats. Division staff confirmed under the existing
docking facility and along the existing bulkhead is an approximately 140 ft2 area of live
oysters. 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.
The proposed bulkhead replacement would adversely impact the oyster bed, therefore the
NCDMF recommends the new bulkhead should not extend out more than 2' beyond the
existing bulkhead. The proposed gazebo will be sited over the oyster bed, so the Division
recommends the existing pilings should be used again, if possible, and if that is not possible
the pilings should be cut to the substrate as to not impact the oyster bed. The new pilings
should be spaced in a manner that does not impact the oyster bed.
During construction if any live oysters must be impacted by construction, the Division
recommends that the any live shellfish identified within this impact area should be
relocated to a nearby area in the same vertical distribution along the water column. In the
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021

past, shellfish are raked away from the impact area and transported to areas within the
project area where live oysters are present or relocated to a natural shoreline where
oysters are present have been utilized and proven effective. The division recommends an
in -water -work moratorium of April 1 to September 30 to protect oysters from being
covered in sedimentation during peak growing season. The Division also recommends that
live oysters are relocated in the winter to provide a better chance of survival.
Thank you for consideration of our comments. Please contact Kimberlee Harding at or at
[e-mail] with any further questions or concerns.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021