20220826 Ver 1_WRC Comments_20220714

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
June 17, 2022
- 1-4,
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
Applicant: Mighty Realty, LLC
Project Location: 1141 Indigo Circle, adj. to the A!WW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to install a private pier with an open platform, floating
dock, and boatlift for a total of two (2) formalized slips.
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 July 13, 2022. If you have any questions
regarding the proposed project, contact Brendan Brock 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 Mar:147C—Dt.A0A
AGENCY
SIGNATURE
DATE ~ 2AZZ
LD E
NpBrIn tuff' )_'NA
0,tltd&M. w+WOuath
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

North Carolina Wildlife Resources Commission Gi
Cameron Ingram, Executive Director
MEMORANDUM
'rO:
Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
ivv
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 14, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for Mighty Reality, 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 1141
Indigo Circle adjacent to the AJWW in Sunset 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 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 install a 6' by 265' access pier in the place of an existing access pier, crossing
over marsh, shell bank, and mud flat until it reaches the open water of the AIWW where it extends to a
21' by 12' open platform_ To the west of the open platform a 12' by 12' boatlift would be installed in
water depths -1.0 to -1.08' NLW. South of the open platform a gangway would lead to an 8' by I6'
floating dock that would run parallel the channel. As proposed, the lift and dock would have stops at 18"
NLW to prevent structure sitting on substrate. The AIWW at this location is classified SA HQW by the
Environmental Management Commission and is designated a primary nursery area (PNA) by the NC
Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the permit application and has concern with the floating platform and boatlift
due to water depths within the structure locations. Chronic disturbance from activities and structures
within insufficient water levels are impactful to these sensitive habitat and high water quality areas. These
concerns have been discussed with the NCDMF and we support their recommendations, including in the
Mailing Address: Habitat Conservation 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
installation of stops for the lift, the removal of the floating dock, and implementation of a moratorium if
deemed appropriate,
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]