20181108 Ver 5_WRC Comments_20230530

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
11% 1011% us) .7_:1e1011JV1
TO: Curt Weychert
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: May 30, 2023
SUBJECT: CAMA Dredge/Fill Permit Application for T.J.'s Land Development LLC, Beaufort
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application regarding impacts on fish and wildlife resources. The project site is located at 975 East
Pantego Street in Belhaven, NC adjacent to Battalina Creek, Bakers Creek, and Boat Harbor Canal. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-
100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery
Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory
Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant has submitted a permit application modification to address concerns raised during the
original review of the initial major permit application submitted on July 21, 2022. The intent of the
development proposal is to develop marine services for a transient marina. The property is bordered by
Battalina Creek, Bakers Creek, and Boat Harbor Canal. Docks and marine services exist within Bakers
Creek and Boat Harbor Canal but are also associated with a different facility. The original permit
application proposed to dredge Battalina Creek, Bakers Creek, and Boat Harbor Canal to -6' NWL,
removing 73,362 ft2 of shallow water habitat. Upland excavation was also proposed to expand open water
area for slips and marine services, providing a final water depth of -6' NWL. Wetlands exist on the
property and were not proposed to be excavated or filled. The application modification reduced the
original proposal as follows:
• Excavation within Battalina Creek was reduced from 33,470 ft2 to 16,896 ft2,
• Upland excavation was reduced from 31,065 ft2 to 29,142 ft2,
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
• Boat Harbor Canal depths were reduced from -6' NWL to -5' NWL,
• Boat Harbor Canal widening reduced to 60',
• Elimination of Dock C (2 slips)
Battalina Creek, Bakers Creek, and Boat Harbor Canal are classified SC HQW NSW by the
Environmental Management Commission, are subject to NC Division of Water Resources (NCDWR)
Tar -Pamlico Basin Buffer Rules and are designated primary nursery areas (PNA) by the NC Division of
Marine Resources (NCDMF).
The NCWRC has reviewed the original permit application, the current application modification, and has
participated in numerous communications during project development. Original discussions and scoping
meeting materials presented prior to permit application submittals did not discuss dredging within
Battalina Creek. Concerns were stated by NCWRC, NCDMF, and NCDWR regarding dredging impacts
within PNAs after the original permit application submittal, but NCWRC did not submit formal
comments due to the continued discussion and ultimate application modification that occurred as a result
of the NCDWR denial of the 401 Water Quality Certification.
The current application proposes to address buffer and flushing concerns within the canal systems with a
reduction of canal width in Boat Harbor Canal and a reduction in final excavation depth from -6' NWL to
-5' NWL. This type of depth taper is often recommended to aid in flushing of linear canal systems and
should help the system to better flush and not create conditions of water quality impairment. The
NCWRC does not have significant concerns with the proposed activities within Bakers Creek and Boat
Harbor Canal, as it is apparent from the current layout, banks, depths, and use of these systems that
dredging has previously taken place.
While the proposed excavation within Battalina Creek has been reduced from its original proposal, the
revised proposal still requests dredging in an area of PNAs that does not appear to have previously been
dredged. PNAs are defined as those areas inhabited by the embryonic, larval or juvenile life stages of
marine or estuarine fish or crustacean species due to favorable physical, chemical or biological factors. As
a designated PNA, the creek provides an important rearing area for this variety of estuarine fishes and
invertebrates, including species that fall under NCWRC jurisdiction at some life stage, that need relatively
undisturbed habitats.
Therefore, the NCWRC supports NCDMF's position opposing permit issuance to any new dredging
within the shallow water habitat that makes up the PNA in Battalina Creek. We also concur that, as an
area defined as a PNA, any permit issued should be subject to a moratorium of April V through
September 30' for all in -water work.
The NCWRC appreciates the opportunity to review and comment on this permit application. Please do
not hesitate to contact me at maria.dunngncwildlife.org or [phone] for additional assistance or to
provide additional information on project development.