20221792 Ver 1_DMF Comments_20230213 (2)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 20, 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: Brian and Susan Shugart
Project Location: 2206 E. Yacht Drive, adj. to the AIWW, Oak Island, Brunswick County
Proposed Project: The applicant proposes to expand an existing private pier, with the addition of
four fixed finger piers, a piling -less dual hinge I-beam gangway and floating dock,
including the construction of two boat lifts, increasing the slip count from zero 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 January 13, 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
SIGNATURE /l ea Y /a4-C -
£ D_E
NORTH CAROLINA
Department o/ Environmental Dual
DATE 01/30/2023
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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
MEMORANDUM:
TO: Cameron Luck, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialises �/
SUBJECT: Brian and Susan Shugart, Brunswick County Y�
DATE: January 30, 2023
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, as authorized in N.C.G.S. 113-131b. The applicant is proposing to expand an
existing pier and fixed platform to include two boat lifts and floating dock. The proposed
project is located at 2206 East Yacht Drive adjacent to the AIWW, near Oak Island,
Brunswick County. 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 N.C. Division of
Marine Fisheries and is closed to the harvest of shellfish. Numerous live oysters and snails
are present in the substrate and coastal wetlands along the shoreline.
The existing fixed platform was authorized via CAMA General Permit (GP) 77634D, issued
in February 2021. The original application proposal included one boat lift and floating
dock, however, DMF declined to sign a General Permit waiver for the application as
proposed based on concerns for formalized vessel slips in inadequate water depths of less
than -1' NLW. The applicant resubmitted a modified GP application in May 2022 proposing
an expansion of the existing fixed platform with two boatlifts and floating dock. The DMF
declined to sign a GP waiver with the same concerns of formalized vessel slips and floating
structure in inadequate water depths less than -1' NLW.
The applicant submitted the current major permit application which includes an expansion
of the existing 80' x 6' pier and 18.5' x 19' fixed covered platform. The expansion includes
four fixed finger piers, an 8' x 22' piling -less floating dock with dual hinge I-beam gangway
and two 14.5' x 16' boat lifts, creating a total of three boat slips. The docking facility is
proposed in a PNA with a muddy substrate. The proposed floating dock is sited in water
depths of -1.2' NLW on the waterward side and -0.5 to 0.75' NLW on the landward side. The
two boatlifts are sited in water depths of -0.2' to -0.3' NLW.
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
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

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.
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 (Deaton et al. 2010). 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 proposed project has the potential to adversely impact fishery resources and habitat.
Permitted slips in shallow water can allow vessels to repeatedly contact the bottom.
Propellers continuously disturbing the sediment can kill benthic invertebrates and reduce
shallow bottom habitat during low tide. Locating formalized slips and boatlifts in less than -
1' MLW would result in continuous impacts to the underlying habitat. Floating docks
repeatedly resting on the bottom can create anoxia in the sediment which can kill benthic
invertebrates and reduce the availability of shallow bottom habitat during low tide. The
substrate at this location is muddy, which is generally considered more productive for
benthic organisms and more susceptible to resuspension of sediment from bottom
disturbance.
The large floating dock as proposed is a heavy structure, with the added weight of the two
steel I -beams and gangway. The floating dock would need to be sited in water depths close
to -2' NLW to prevent the structure from sitting on the bottom substrate at low tide. As
proposed, the floating dock is sited in waters -0.5 to-1.2'NLW. The applicant is unable to
extend the pier or any fixed structures waterward, due to the US Army Corps of Engineers
setback line.
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 marine
and estuarine fisheries resources, and navigation at the project site based on the
information included in the application.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-8426 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