20220410 Ver 1_WRC Comments_20220614

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 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: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlift, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
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 8, 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 1'
AGENCY
SIGNATURE
DATE 6--
-
North Carolina Department of Environmental Quality I Division of Coastal Manageinent
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

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: June 14, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for DJM-NC, LLC, 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 1970 Deep
Creek Run adjacent the AIWW 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 construct a new 435' vinyl retaining wall waterward Section 404 wetlands and
six slips consisting of 2-slip docking facilities for each riparian lot. Each structure would consist of a 6'
wide pier, a terminal 16' by 16' gazebo, an 8' by 16' floating dock positioned perpendicular to shore, and
a boat lift within one slip. The length of the piers would be 221', 224', and 190'. Water depths submitted
by the applicant in the vicinity of the slips ranged from 16" to 36" NLW. The applicant proposes to
dredge a new 42' by 167 by -3' NLW. Approximately 390 CY of material would be removed and placed
in an approved upland spoil location. Middle Sound and the AIWW are classified SA-ORW by the
Environmental Management Commission and are open to shellfish harvesting_
The NCWRC has consulted with the NC Division of Marine Fisheries (NCDMF) after their site visit with
the NC Division of Water Resources (NCDWR) and NC Division of Coastal Management (NCDCM) to
determine presence of submerged aquatic vegetation (SAV). Water depths during the site visit were found
to be consistent with those presented in the permit application and the physical presence of SAV was not
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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within the project area. However, the project is near areas of mapped SAV, is considered suitable habitat
for SAV and shellfish, and is classified as Outstanding Resource Waters. All of these are important
aquatic habitats and should be conserved to the greatest extent possible.
The NCWRC does not generally object to slips proposed in water depths of -2' NLW. This depth has
been observed to be sufficient to allow vessels of the size that would use the proposed slips ingress and
egress over substate and SAV without causing chronic disturbance to either habitat. We do request that
floating structures be sited in water depths of -2' NLW or include stops or measures to ensure the
structure does not sit on the substrate during low tide events. These stops would be installed at the -18"
depth to allow adequate space between the structure and the sedirnent.
Water depths within the proposed slip area were observed to be -2' NLW during the NCDCM site visit as
well as during the multiagency site visit. Since this depth is considered adequate by our agency for slips,
we believe avoidance and minimization of impacts to important habitat areas could be demonstrated with
the removal of the dredge proposal. if the applicant would want to ensure vessels docked within the slips
did not rest on substrate and be protected from vessel traffic, lifts could be installed in each of the six
proposed slips rather than just three. The NCWRC would have no objection with increasing the number
of lifts to match the number of slips and would view this as minimization measure.
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
[e-mail]