20220850 Ver 1_Clark DMFComments_9_3_22_20220912

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 24, 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: William and Karen Clark
Project Location: 308 W Yacht Drive, adj. to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicants propose to expand and existing private docking facility, with the
addition of a piling -less dual hinge I-beam gangway and floating dock, increasing
the slip count from two (2) existing slips to a total of three (3) 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 21, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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.
X This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
�i 4' 17
SIGNATURE X. -6 �
DATE
09/1/22
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
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

CELEBRATING
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TEARS
OF MANAGEMENT
noCOA„IN
MEMORANDUM:
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: William and Karen Clark- floating dock
DATE: August 30, 2022
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
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 expand an existing private docking facility, with the
addition of a piling -less dual hinge I-beam gangway and floating dock, increasing the slip
count from two existing slips to a total of three slips. This design is necessary due to the
proximity of the US Army Corps of Engineers (USACE) setback line, that restricts fixed
structures. The Brunswick County Land Use Plan classifies the adjacent waters as
Conservation. The waters of the AIWW are classified SA by the Division of Water
Resources. This area is designated as a Primary Nursery Area (PNA) by the Marine
Fisheries Commission, and they are closed to the harvest of shellfish.
The proposed floating dock would be sited in water depths ranging from -1.0' to -1.5' NLW.
Staff from DCM and DMF conducted a water depth survey and verified the stated depths to
be accurate. Field measurements indicate the applicant would need to move the floating
dock 34.5' further waterward to achieve sufficient water depths of 2' NWL. The applicant
proposed adding 4" x 4" foot "stops" to the bottom four corners of the floating structure.
However, the piling -less dual hinge I-beam gangway and floating dock design is much
heavier than floating docks attached to pilings. Due to the shallow water depth and muddy
substrate, DMF has concerns that a floating dock in this location will repeatedly be hitting
or sitting on the bottom, creating a hole under the structure over time, degrading benthos
and water quality, and likely damaging the floating structure over time.
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
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

from predators, is an important nursery area. Species dependent on shallow soft bottom
include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Numerous fish
forage on microalgae, infauna, or epifauna on the shallow soft bottom. Many benthic
predators are also highly associated with the shallow soft bottom habitat, including
flounders, red drum, sturgeon, and coastal sharks.
Based on the above discussion, the DMF recommends denial of the permit application for
this project as proposed because it is likely to have significant adverse impacts on PNA
habitat and marine and estuarine fisheries resource.
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 I P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021