20181108 Ver 5_DMF Comments_20230531

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO: Curt Weychert, NCDCM Assistant Major Permits Coordinator
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: T.J.'s Land Development, LLC, Beaufort County
DATE: 22 May 2023
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 proposed work is located at 975 Pantego Street, Belhaven within Beaufort County, North
Carolina. The applicant is proposing to construct a transient marina, upland and open water
excavation, upland fill, and installation of bulkheads, docks, fuel and pump out services, and a
gravel parking area. Battalina Creek, Baker Canal, and Boat Harbor Canal are all designated as
SC; HQW, NSW by the Environmental Management Commission and are designated as Primary
Nursery Area (PNA) by DMF. No submerged aquatic vegetation (SAV) was observed in the
project area.
The proposed project will involve the construction of a retaining wall along the upland/wetland
interface ending at the Battalina Creek shoreline, where it will tie into the bulkhead along the
same tract. The purpose of the retaining wall is to level the adjacent uplands and provide erosion
control during land -disturbing activities. A pier will also be installed, measuring 6' wide over
Section 404 wetlands.
The proposed dredging footprint has been reduced in Battalina Creek and Boat Harbor Canal to
reduce impacts within PNA and improve flushing of the canal system. To reduce the dredging in
Battalina Creek by 16,574 square feet (sf), the applicant has removed the portion of dredging
where Battalina Creek connects to Sargent Canal, also resulting in a reduction by two (2) slips.
To improve flushing in Boat Harbor Canal, the applicant proposes to raise the final depth from -
6' below normal water level (NWL) to -5' below NWL. Boat Harbor Canal will only be widened
enough to establish the minimum 60' setback required for the new bulkhead. The project depths
in Battalina Creek and Baker Creek will remain at -6' NWL with the expectation that gravity will
assist with the movement of water out of Boat Harbor Canal. The proposed widening of the
entrance to Boat Harbor Canal remains unchanged from the original design (widened to 40' to
facilitate the movement of water from Boat Harbor Canal into Baker Creek).
The applicant has hired a contractor to conduct sediment sample analysis. This will be used to
evaluate the potential presence of contaminants in bottom sediments. Samples will be collected
from the upper 3' of sediment and will be analyzed for metals, mercury, PCBs, and PAHs.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021

DMF has significant concerns with the proposed actions, specifically regarding the potential new
dredging in areas designated as PNA. DMF is amenable to the proposed excavation in Boat
Harbor Canal and Baker Creek, as well as the proposed upland excavation. However, it is
unclear if the proposed excavation within Battalina Creek includes any new dredging (as
opposed to maintenance dredging) in an area designated as PNA. Waters that are designated as
PNA provide the physical and chemical conditions necessary for post -larval development of a
variety of species. Many species that utilize PNAs have very specific habitat requirements in
order to successfully develop from post -larval to juvenile stages, making protection of these
areas critical to survival. Furthermore, many of the species that utilize PNA areas are species that
are recreationally, commercially, and/or ecologically important. It is also unclear if altering the
depths of Battalina Creek outside of the entrance to Sargent Canal could have an impact on the
flushing of waters from Sargent Canal.
Taking the above into consideration, DMF approves of the proposed work within Boat Harbor
Canal, Baker Creek, and uplands, but would be opposed to permit issuance for any portion of the
project proposing new dredging within the PNA in Battalina Creek. If any of these areas have
been previously maintained via dredging/excavation and the proposed dredging within Battalina
Creek is in fact entirely maintenance excavation, additional information should be provided
showing the extent of the dredging footprint as well as information regarding the final depths.
While the aerial images included provide some historical context to activities in this area, they do
not clearly indicate/detail the extent of work completed previously. Additionally, as this area
features the PNA designation, any permit issued should include a moratorium of 1 April through
30 September for all in -water work.
Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at
[phone] or at james.harrisongncdenr.gov with any further questions or concerns.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021