20220486 Ver 1_More Info Requested_20220525

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 25, 2022
DWR Project #20220486
New Hanover County
CERTIFIED MAIL 7020 1290 0001 6718 3630
RETURN RECEIPT REQUESTED
Scott and Meredith Rainey
6 Atlanta Street West
Wrightsville Beach, NC 28480
Subject Property: 18 Pelican Drive -Wrightsville Beach
New Hanover County
REQUEST FOR ADDITIONAL INFORMATION
Dear. Mr. and Mrs. Rainey,
On March 25, 2022, the Division of Water Resources (DWR) received your CAMA major
development permit application dated March 14, 2022 to allow for the proposed construction of
a new bulkhead and a three (3) slip docking facility with fixed piers, gazebo, boatlifts, floating
docks within the waters of Lee's Cut which are designated as class SB by the Division of Water
Resources (DWR). The Division of Water Resources (DWR) has additional questions regarding
the proposed development and has determined that additional information will be necessary to
complete the review of your permit application. The application is on hold until all of the
following information has been received by our office.
Additional Information Requested:
A low tide site visit conducted April 29, 2022 by Division of Coastal Management staff Katharine
Elks, DMF staff, Kim Harding and DWR staff, Holley Snider. The purpose of the site visit was to
evaluate the impacts associated with the proposed bulkhead alignment and docking facility
configuration. The proposed bulkhead alignment would average 7.5 feet waterward of the
existing timber bulkhead and would be a maximum of 11.5 feet water ward of the existing timber
bulkhead and would result in 425 square feet of fill below Normal High Water. This visit
confirmed abundant live shellfish and shellfish habitat were present within the proposed project
area. Mrs. Kim Harding of the Division of Marine Fisheries (DMF) sent a memorandum on May
NORTH CAROLINA
Department M Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
910.796.7215

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
Rainey-18 Pelican Drive
DWR#20220486
Page 2 of 4
20, 2022 outlining concerns regarding negative impacts due to the proposed bulkhead alignment
and docking facility configuration. Those concerns are specific to the abundance of live shellfish
and shellfish habitat in the area, the impacts on the habitat and aquatic resources associated
with the fill necessary for the proposed bulkhead alignment, and the driving of pilings associated
with construction of the docking facility.
Mrs. Maria Dunn of the North Carolina Wildlife Resource Commission (WRC) sent a
memorandum on May 23, 2022 outlining concerns from WRC and in support of the
recommendations presented by DMF. Due to these concerns the DMF and WRC asked the
applicant to consider a bulkhead alignment and docking facility configuration to avoid and
minimize impacts to the abundance of live shellfish and shellfish habitat in the area.
The DWR is required to evaluate projects to ensure that impacts to surface waters and wetlands
have been avoided and minimized and to ensure that any remaining surface waters or wetlands
and any surface waters downstream, continue to support existing uses during and after project
completion. The construction of new docking facility configuration and bulkhead alignment have
not been designed to avoid and minimize impacts to aquatic resources and surface waters.
As proposed, the bulkhead alignment and docking facility configuration would result in impacts
to the shellfish habitat and live shellfish resources within the project area. The proposed
bulkhead alignment is proposed an average 7.5 feet waterward of the existing timber bulkhead
and would be a maximum of 11.5 feet water ward of the existing timber bulkhead. The DWR
believes that the negative impacts associated with the proposed docking facility configuration
and proposed bulkhead alignment would degrade the surface waters and would not maintain the
biological integrity of the existing shellfish resources resulting in a violation of the following
Water Quality Standards:
15A NCAC 02B .0201 ANTIDEGREDATION POLICY
(f)
Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which
require a water quality certification as described in Section 401 of the Clean Water
Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A
NCAC 2H .0500. Activities which receive a water quality certification pursuant to
these procedures shall not be considered to remove existing uses. The evaluation of
permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater
or stormwater by wetlands shall incorporate the criteria found in 15A NCAC
2H .0506(c) (1)-(5) in determining the potential impact of the proposed activity on the
existing uses of the wetland per 15A NCAC 2H .0231.
15A NCAC 02B .0222 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SB WATERS
In addition to the standards set forth in Rule .0220 of this Section, the following water quality
standards shall apply to tidal surface waters that are used for primary contact recreation as
defined in Rule .0202 of this Section and that are classified SB.
(1) The best usage of waters classified as SB shall be primary contact recreation and any
other usage specified by the "SC" classification;
£ D_E
NORTH CAROLINA �/
Department of Environmental Duali
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28405-5406
910.796.7215

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
Rainey-18 Pelican Drive
DWR#20220486
Page 3 of 4
(2) The best usage of waters classified as SB shall be maintained as specified in this Rule.
In assigning the SB classification to waters intended for primary contact recreation,
the Commission shall consider the relative proximity of sources of water pollution and
the potential hazards involved in locating swimming areas close to sources of water
pollution, and shall not assign this classification to waters in which such water
pollution could result in a hazard to public health. The waters shall meet accepted
sanitary standards of water quality for outdoor bathing places as specified in Item (3)
of this Rule and shall be of sufficient size and depth for primary contact recreation
purposes. Any source of water pollution that precludes any of these uses, on either a
short-term or a long-term basis, shall be deemed to violate a water quality standard.
The DMF and WRC memorandum recommended that the proposed bulkhead be installed a
maximum of 2' water ward of the existing bulkhead to minimize impacts to the surface waters
and live shellfish resources. The DMF and WRC memorandum also recommended the docking
facility be reconfigured to preserve the existing live shellfish resources and to incorporate a piling
configuration the supports and maintains the viability and integrity of the existing shellfish bed.
Based on the recommendations of the WRC, the DWR supports a bulkhead alignment and
docking facility configuration that avoids and minimizes impacts to shellfish resources, shellfish
habitat and surface waters.
Please revise your application in accordance with the recommendations of the resource agencies.
If the concerns of the resource agencies are not resolved the DWR will move to deny your
application as required by 15A NCAC 2H.0506. If these concerns and recommendations are
addressed to the satisfaction of the DMF, the DWR will have no objection.
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested
information for the proper consideration of the application. If all the requested information is
not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable
to approve the application and it will be returned. The return of this project will necessitate
reapplication to the DWR for approval, including a complete application package and the
appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three (3)
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
Please contact Holley Snider at 910-796-7333 or [e-mail] or myself at 910-796-
7218 or [e-mail] if you have any questions or concerns.
NORTH CAROLINA �/
Department of Environmental Duali
Sincerely,
DocuSigned by:
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28405-5406
910.796.7215

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
Rainey-18 Pelican Drive
DWR#20220486
Page 4 of 4
Enclosures:
CC:
DMF Memo
WRC Memo
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Cameron Luck, DCM Morehead City Office -EC
Tara MacPherson and Jason Dail, DCM Wilmington Office -EC
Greg Currey, USACE Wilmington Regulatory Field Office -EC
Maria Dunn, WRC-EC
Anne Deaton, DMF Wilmington Regional Office -EC
Greg Finch, Consultant -EC
DWR 401 & Buffer Permitting Branch file — LF
WiRO
D_E
NORTHCAROLINA
Department of Environmental Deep
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28405-5406
910.796.7215

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
-
FROM: Maria T. Dunn, Coastal Coordinator �-
Habitat Conservation Division
DATE: May 23, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for Scott Raney, 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 18 Pelican
Drive in Wrightsville Beach adjacent to Lee's Cut. 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 reconstruct a bulkhead a maximum 11.5' and average 7' waterward the NHW line.
This alignment would connect to the corners of the adjacent properties' bulkheads and incorporate a 140 ft2
area of live oysters. In addition to the bulkhead replacement, the applicant proposes to establish a new three
slip facility with gazebo, floating docks, and two boat lifts. Lee's Cut in this area is classified SB by the
Environmental Management Commission.
The NCWRC has reviewed the permit application and believes the project can demonstrate further avoidance
and minimization of impacts to environmental resources. On April 29, 2022 the NCDCM, NCDMF, and
NCDWR conduct a site visit and observed live oysters on the existing structure. To minimize the fill of
shallow water habitats, the NCWRC recommends bulkhead alignments be as close to NWL or the existing
bulkhead alignment as possible. Reduction in the distance waterward the existing structure would remove fill
of shallow water habitat and avoid impacts to the live oyster area. Therefore, the NCWRC requests the
alignment be reduced to 2' waterward the existing bulkhead alignment and that recommendations made by
the NCDMF be incorporated into the project design to minimize impacts to live oyster 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 maria.dunnA ncwildlife.org
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
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 I P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021

DocuSign Envelope ID: B5DDF730-70E5-4A27-B309-476A8128ED28
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 I P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021