20221359 Ver 1_Capital Asset Topsail Development, LLC. comments_20221129

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 3, 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: Capital Asset Topsail Development, LLC
Project Location: 115 Sound View Drive, adj. to the AIWW in Hampstead, Pender County
Proposed Project: The applicant proposes to construct a new four (4) slip docking facility.
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 October 27, 2022. If you have any
questions regarding the proposed project, contact Jason Dail 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 /l4.2/Lb42
DATE 11/29/2022
£ 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
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: Capital Asset Topsail Development, LLC
DATE: December 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 located at 115 Sound View Drive, adjacent to the AIWW,
in Hampstead, Pender County. The waters of the AIWW are classified SA by the Division of
Water Quality, are designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries (DMF) and are open to the harvest of shellfish.
The applicant proposes to construct a new four slip docking facility that includes a
platform, two boatlifts, personal watercraft (PWC) and floating dock. Water depths were
verified by the DCM field representative to be similar to the provided depths in the
application ranging from approximately -1.7' MLW at jet -ski lift to -3.9' MLW at the
waterward side of the boat lifts. A representative from DMF took water depths from the
most waterward edge of the adjacent docking facility. The DMF representative measured -
2.2' NWL. This shallower depth could be attributed the docking facility being more
landward of the proposed facility and that sand shoaling can be caused by permanent
structures like a docking facility. The DMF staff did not observe any conditions to cause
concerns for significant impacts to protected habitats. The docking facility is proposed in
designated PNA waters and submerged aquatic vegetation (SAV) has been mapped in the
vicinity.
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. Species
inhabit PNAs because they afford food, protection, and proper environmental conditions
during vulnerable periods of their life history, thus protection of these areas are
imperative. Recent research indicates that even narrow fringes of wetlands are essential
factors for fish utilization and erosion control.
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

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.
Due to the concerns raised above, DMF is recommending that all floating structures be
sited in waters no less than -2.0' NLW and include physical stops 18" above the substrate;
boat lifts and PWC contain limit switches that prevent the vessels from being lowered in
waters less than 18" above the substate. The Division also recommends a moratorium on
in -water work from 1 April to 30 September to reduce the negative effects on the SAV in
the area and on critical fish life history activities, to include spawning migrations and
nursery functions.
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