20220410 Ver 1_DJM-NC Comment Sheet_3-15-22 Comments_20220616

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)
cameron.luck(a�NCDENR.gov
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.
XThis 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 / 6 7/)44 %-
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
DATE 06/06/2022
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: 1970 Deep Creek Run Docking Facilities
DATE: June 06, 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 proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the high ground, three 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 slips are proposed, two slips for each of the three
sub -divided riparian parcels. The waters of Middle Sound/AIWW are classified SA-ORW by
the Division of Water Resources and are not designated as a Primary Nursery Area (PNA)
by the N.C. Division of Marine Fisheries. They are open to the harvest of shellfish.
On April 29, 2022, representatives from DMF, DWR and DCM conducted a site visit to verify
water depths and conduct a submerged aquatic vegetation survey (SAV). Water depths
were found to be consistent with the proposal design and no SAV were found in the project
area. The project site is located within Outstanding Resource Waters (ORW), near areas of
mapped SAV and is considered suitable SAV and shellfish habitat.
The EMC classification of ORW recognizes specific surface waters that are of especially high
quality. The ORW designation indicates areas that are "the best of the best" and seeks to
retain those exceptional qualities. Shallow soft bottom is an important foraging habitat for
juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment,
nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to
some extent by most native coastal fish species in North Carolina. The habitat is
particularly productive and, by providing refuge from predators, is an important nursery
area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot,
Atlantic croaker, sea mullet, and rays (Deaton et al. 2010).
The six proposed boat lifts and associated floating docks are sited in 18"-2' NWL. The
Division recommends a minimum of 2' NWL water depth measured from the substrate for
floating structures in designated or critical resource areas. Therefore, the Division
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

recommends physical stops be installed on the floating docks and limit switches installed
on the boat lifts for 2' above the substrate.
The proposal also includes a large dredge component surrounding the entire three pier
project area contacting the boat lifts to 3' NWL water. The Division has concerns about the
large amount, 7,014 ft2, of important SAV habitat, shellfish habitat and shallow bottom
habitat being proposed for excavation. Water depths under the proposed boatlifts were
verified approximately 2' NWL, therefore, the Division has determined the proposed
excavation of shallow soft bottom, that includes SAV habitat, and shellfish habitat is not
justified by the applicants need and purpose.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 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