20050821 Ver 2_DMF Comments_20220829

June 28, 2022

MEMORANDUM:

FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
[e-mail]

SUBJECT: CAMA Major Permit Application Review

Applicant: Kurt Wiest

Project Location: 167 Big Hammock Point Rd, Sneads Ferry

Proposed Project: Docking facility on Chadwick Bay

Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by July 28, 2022. If you have any questions
regarding the proposed project, contact Curt Weychert 252-515-5413.
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______________________________________

AGENCY _____________________________________

SIGNATURE _____________________________________

DATE _________________________

Kimberlee Harding
NCDMF
08/29/2022
MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Kurt Wiest DATE: August 29, 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 proposed project is for a pier, an uncovered platform, covered platform and covered boatlift. This section of Chadwick Bay is a Marine Fisheries Commission (MFC) designated Primary Nursery Area (PNA) and the Division of Water Quality classifies it as SA/HQW waters. The area in which the proposed project would take place in waters classified as Conditionally Approved Open for shellfish harvest. The docking facility will be located within an existing shellfish franchise with an active bottom lease. The proposed project is in Chadwick Bay where water depths are shallow, -2’ NLW and has extensive Submerged Aquatic Vegetation (SAV) habitat. On November 20, 2020, a DMF representative went to verify water depths at the project site and measured 1.92’-2.0’ where the boat lift will be sited. The substrate is primarily sandy mud with scattered oysters in the vicinity. On August 10, 2022, representatives from DMF and DWR conducted a SAV survey and did not find any present in the project area. The DCM representative stated in the project narrative that no SAV was present in June 2022. However, SAV has been mapped in the project area during 2015 and 2021 surveys. The Marine Fisheries Commission (MFC) give the following definition of SAV habitat: “15A NCAC 03I .0101 DEFINITIONS (4)(i) Submerged aquatic vegetation habitat. Submerged aquatic vegetation (SAV) habitat is submerged lands that: (i) are vegetated with one or more species of submerged aquatic vegetation including bushy pondweed or southern naiad (Najas guadalupensis), coontail (Ceratophyllum demersum), eelgrass (Zostera marina), horned pondweed (Zannichellia palustris), naiads (Najas spp.), redhead grass (Potamogeton perfoliatus), sago pondweed (Stuckenia pectinata, formerly
Potamogeton pectinatus), shoalgrass (Halodule wrightii), slender pondweed (Potamogeton
pusillus), water stargrass (Heteranthera dubia), water starwort (Callitriche heterophylla), waterweeds (Elodea spp.), widgeongrass (Ruppia maritima), and wild celery (Vallisneria

2
americana). These areas may be identified by the presence of above-ground leaves, below-ground rhizomes, or reproductive structures associated with one or more SAV species and include the sediment within these areas; OR (ii) have been vegetated by one or more of the species identified in Sub-item (4)(i)(i) of this Rule within the past 10 annual growing seasons and that meet the average physical requirements of water depth (six feet or less), average light availability (secchi depth of one foot or more), and limited wave exposure that characterize the environment suitable for growth of SAV. The past presence of SAV may be demonstrated by aerial photography, SAV survey, map, or other documentation. An extension of the past 10 annual growing seasons criteria may be considered when average environmental conditions are altered by drought, rainfall, or storm force winds. This habitat occurs in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas. SAV is a vital component to the estuarine system and is prime nursery area for many fisheries species, such as gag grouper, flounder, red drum, black sea bass, weakfish and Atlantic croaker. SAV supports high diversity of foraging fish and invertebrates and provides valuable ecosystem services as a primary producer and enhancer of water quality. SAV filters water, stabilizes sediment and provides refuge for juvenile finfish, crabs and shrimp. 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. 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. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. The MFC SAV policy guideline includes: “provide adequate safeguards to prevent direct or indirect impacts from development projects adjacent to or connected to SAV”. Because SAV requires a certain amount of light penetration to survive, docks can impact the grass directly through shading and indirectly through prop scarring while ingressing and egressing to deeper water (DEQ 2016). Therefore, the Division recommends minimization to the project’s potential impact to SAV beds by removing the roof of the 16’ x 26’ covered boat lift and locating the docking facility in deepest water possible, preferably greater than 2’ MLW. The Division also recommends an in-water-work moratorium of April 1 to September 30 to reduce disturbance and resuspension of sediment during the time-period that larval and juvenile finfish and shellfish are most abundance. Such impacts can be detrimental to early life stages of aquatic organisms. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for a DO crash from increased turbidity a major concern, even if sediment curtains are utilized. Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-796-7286 or [e-mail] with any further questions or concerns.