20220826 Ver 1_DMF Comments_20220719

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 17, 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
Applicant: Mighty Realty, LLC
Project Location: 1141 Indigo Circle, adj. to the AIWW 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.
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
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
DATE 07/19/2022
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: Mighty Realty, LLC
DATE: July 19, 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 install a private pier with an open platform, floating
dock and boatlift for a total of two formalized slips on the AIWW in Sunset Beach. The
waters of the AIWW are classified SA by the Division of Water Quality and are designated
as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are closed
to the harvest of shellfish.
The applicant is proposing a two -slip docking facility that includes a floating dock, 12 x 12
boatlift, and open platform. A representative from DCM verified water depths. The boatlift
is proposed in depths ranging from approximately -1.08' NLW at the waterward end and
approximately -1.0' NLW at the landward side. The Division does not have concerns with
the 12 x 12 boatlift that include a limit switch or stops at 18" above the substrate.
The proposed floating dock would be sited in water depths approximately -1.25' NLW at
the landward side and approximately -1.3' NLW at the waterward side. The Division does
not recommend floating structures in water depths less than 2' NLW over concerns that
floating docks in shallow water continuous impact the bottom, creating a hole under the
structure over time, reduced water quality, and damage to the structure resulting in
partially sunken docks.
The project is proposed within PNA. PNAs are estuarine waters where initial post -larval
development occurs. Species within this area are early post -larval to juvenile and include
finfish, crabs, and shrimp. 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.
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

Therefore, the Division recommends the applicant remove the floating dock from the
design and add a second boat lift with a limit switch or stops 18" above the substrate on the
western side of the fixed platform.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 or [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