20220532 Ver 1_DCM Correspondence_20230125 (2)

Baker, Caroline D
From: Bodnar, Gregg
Sent: Wednesday, January 25, 2023 8:14 AM
To: Tankard, Robert
Subject: Swankowski docs
Attachments: FW: [External] Re: Szwankowski CAMA application; Denial letter-Szwankowski-Pamlico
Co boatramp_dredge05O52022.pdf, NCDMF Comment Memo - Szwankowski -
Pamlico County.pdf
As requested here are the DMF comments and our discussion about a hold. The project was placed on applicant hold on
5/31/22.
G regg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com) O
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NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
May 5, 2022
Gregg Bodnar, NCDMC Assistant Major Permits Coordinator
NCDEQ Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Re: Szwankowski boat ramp, Baird's Creek, Pamlico County
After discussions with staff, I concur with their recommendation to deny this application to install a boat
ramp, groins, and access pier on Baird Creek for personal use on their property. The ramp would require
dredging an area 50' by 12', installing sheet pile groins parallel to the ramp, and a 50' access pier
adjacent to the ramp. The applicant already has a separate docking facility. Site visits in March and April
found that the entire shoreline was heavily vegetated with submerged aquatic vegetation (SAV). Patchy
and dense SAV occurred in the proposed ramp area, as well as along the adjacent shoreline.
SAV is a critical habitat for nursery, refuge, and foraging for a variety of recreationally, commercially,
and economically important fish and shellfish species. Additionally, SAV improves water quality and
reduces shoreline erosion. Removal and loss of SAV in this location would have significant adverse
impacts on fish and fish habitat.
Thank you for the opportunity to comment on this application. Please keep Jimmy Harrison informed on
the final status of the proposed project.
Sincerely,
Kathy Rawls, Director
NC Division of Marine Fisheries
Cc: B. Davis, DCM Director
D. Lupton, DMF Deputy Director
A. Deaton, DMF Habitat Program Supervisor
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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO:
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: Szwankowski Application, 411 Baird Point Road, Pamlico County
DATE: 9 May 2022
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the permit application for proposed actions that may impact fish and/or fish habitats.
The applicant is proposing to install a 12' by 50' boat ramp and install a new 4' by 50' access
pier along one side of the ramp. The applicant is also proposing to install two 50' sheet pile
groins along each side of the ramp, with the landward 25' having 1' of exposure and the
remaining 25' cut flush to the top of the ramp. Water depths range from 21" at 10' from the
normal water line (NWL) to 50" at 50' from the NWL. The ramp will be for private use by the
owner of the property. No submerged aquatic vegetation (SAV) was observed during a site visit
in February of 2022, but the field report indicated that "some" SAV was observed 10-20'
waterward of the NWL during a site visit on March 8, 2022.
Because SAV was observed during the March site visit, DMF initially requested that an SAV
survey be completed to adequately and accurately assess the potential impacts associated with
this project. Rather than impose additional costs on the applicant, DMF staff conducted site visits
on April 21 and 28, 2022 to observe and document the SAV on site. SAV presence was
documented by making visual observations and by raking samples along transects throughout the
project site. Rake samples were used to determine species composition. In waters too deep to
safely sample, visual observations were made to the best of staff ability. Measurements were
made in feet to remain consistent with the spacing of the pilings of the community pier.
Sampling was completed using the neighboring community dock for shore -perpendicular
reference points. References below to piling numbers are based on piling number 10 being the
last piling before the first finger pier of the community dock (see Figure 1). A transect tape was
placed across the length of the project area for spacing of shore -perpendicular transects. DMF
staff conducted transect lines at approximately 10' spacing along the transect tape. Rake
sampling was done at the intersection of the transect line and the community dock pilings. Visual
observations were made in a 100 square foot (10' by 10') area around each rake sample.
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

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Figure 1. Site layout showing the distance along the shoreline and community dock piling
numbering.
A dense bed of SAV was observed, starting approximately halfway between pilings 3 and 4.
There was some patchy SAV shoreward of this line, especially on the northwestern side of the
project area. In that area, the patchy SAV extended to and was mixed with the marsh species.
Overall, the dense SAV bed started between pilings 3 and 4 (Figures 2, 3, and 4) and extended
past the terminus of the community dock — including within the slips — and extended along the
shoreline in both directions. SAV coverage throughout this bed was greater than or equal to 75%,
based on the rake samples and visual observations (Figure 5). The SAV observed throughout the
site was a mix of widgeon grass (Ruppia maritima) and horned pondweed (Zannichellia
palustris).
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

Figure 2. The dense bed of SAV begins just waterward of the marsh grass in the bottom of the
picture (next to the community dock), and extends across the project site to the marsh grass at the
top of the picture.
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

Figure 3. Aerial image of the marsh grass next to the community dock. The dense SAV can be
seen almost immediately waterward of the marsh grass.
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

Figure 4. Aerial image — facing the community dock — showing the line of the SAV bed. The
SAV can be seen in the left half of the image, and is sparse -to -absent in the right side.
The samplings taken parallel to piling 4 showed a mix of approximately 75% widgeon grass and
25% horned pondweed. Parallel to piling 5, the ratio had shifted to a more 50-50 mix, and this
continued through piling 6. From piling 7 onward, the mix was approximately 25% widgeon
grass and 75% horned pondweed (Figure 6). The area also included a variety of other three -
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

dimensional habitat -forming structures — such as woody debris — that would need to be removed
to install the proposed ramp and pier.
Figure 5. The SAV observed throughout the site was at least 75% coverage, as seen in this
image.
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

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Figure 6. Density, species, and depth recordings taken during survey, showing how the species
density ratios shifted in a shore -parallel gradient.
SAV is a critical habitat that provides numerous benefits to a variety of recreationally,
commercially, and economically important fish and shellfish species. Some of these benefits
include foraging, refuge, and improved water quality. SAV has also been found to provide
natural shoreline stabilization and nutrient uptake. For these reasons, the protection and
restoration of SAV habitat is a key priority issue included in the North Carolina Coastal Habitat
Protection Plan (CHPP).
The proposed project would also require removal of the habitat -forming structures (i.e., woody
debris) that was observed during the site visits. These structures provide additional habitat to fish
that utilize the area, including refuge and foraging (via attachment to structure by small prey
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

species). Fish were observed preying on these small species during the site visits, providing
evidence of the benefits of these structures.
DMF has significant concerns with the proposed work and the potential impacts to SAV habitat
and the fish that utilize the area. First, the project would result in the direct removal of SAV
habitat, as well as the habitat -forming structures mentioned above, during excavation for the
ramp. The installation of the proposed structures would also result in increased turbidity and
sedimentation, impacting the SAV in the surrounding area. The proposed groins along the sides
of the ramp have the potential to alter wave and energy patterns, impacting the water flow to
SAV habitat and potentially causing increased sedimentation in surrounding SAV. Furthermore,
the use of the ramp could lead to continued impacts to SAV waterward and surrounding the
ramp, such as damage to SAV caused by vessels and/or vehicles, as well as issues associated
with vehicular contamination (i.e., fluid leaks). Based on the above discussion, DMF
recommends denial of the permit application for the proposed work due to the potential
significant adverse impacts to fish and fish habitat at the project site.
Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at
[phone] or at [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