20220850 Ver 1_DMF director denial letter Clark Oak I_20220912

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GFNSERVN noCO:TI
September 1, 2022
Cameron Luck, Assistant Major Permits Coordinator
NC DEQ Division of Coastal Management
400 Commerce Ave
Morehead City, NC 2557
Re: W. Clark, 308 Yacht Drive, adjacent to the ICW in Oak Island
Dear Mr. Luck,
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
After discussions with staff, I concur with their assessment that permitting a floating dock at this
location would result in significant adverse impacts to MFC designated Primary Nursery Area
(PNA). Due to the close proximity of the USACE setback line that prohibits fixed structures (pilings),
the applicant proposed installing a piling -less floating dock waterward of the existing dock and boat
lifts. While it is slightly deeper there (1.0-1.5' NLW), there is still insufficient water depth to prevent
the floating dock from sitting on the bottom during portions of the tide cycle. The muddy substrate
makes the use of stops ineffective in preventing bottom impacts to the PNA, which are critical
juvenile habitat for many species of commercially and recreationally important fish and
invertebrates, such as shrimp, blue crab, flounder, spot, croaker, and red drum. The DMF therefore
objects to this proposed project.
Please keep Anne Deaton informed of the final status of the proposed project. Thank you for the
opportunity to comment on this application.
Sincerely,
atif-yg: a‘w
Kathy B. Rawls, Director
NC Division of Marine Fisheries
Cc: Braxton Davis, DCM Director
Dee Lupton, DMF Deputy Director
Anne Deaton, DMF Habitat Program Supervisor
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