20230917 Ver 1_WRC Comments_20230731

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 31, 2023
SUBJECT: CAMA Dredge/Fill Permit Application for Matthew McCarty, New Hanover
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 5550 Peden
Point Road adjacent to Myrtle Grove Sound in Wilmington, NC. 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 proposes to construct a new four slip facility. A 6' by 300' fixed pier would extend into the
water body and terminate at an 18' by 18' gazebo that has a 18' by 6' pier extending from the NE corner
and a 35' by 5' finger pier that parallels the AIWW. A 9' by 6' fixed pier would extend from the SE
corner of the gazebo to a 24' by 8' floating dock. The structure would terminate immediately landward
the USACE federal setback in water depths ranging from -1' to -1.5' NLW. Myrtle Grove Sound at this
location is classified SA ORW by the Environmental Management Commission and is designated a
primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the permit application and is concerned with the proposed structure and the
water depths within the slip areas. The layout of the facility lends itself to chronic disturbance to
important PNA resources from the docking, ingress, and egress of vessels. 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 sound
provides an important rearing area for this variety of estuarine fishes and invertebrates that need relatively
undisturbed habitats. The NCWRC does not generally support slips within PNA's if water depths are
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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below -1.5' NLW due to impacts to important shallow habitats and chronic turbidities. In addition to
concerns with slip depth, the floating platform is proposed at a depth less than -2' NLW. Our agency does
not generally support floating structures in water depths less than -2' NLW due to the impacts these
structures may have on bottom sediments during low water events.
Therefore, we request the applicant modify the proposal to minimize impacts to valuable environmental
resources. It should also be noted that while we do not object to the installation of fixed structures,
shoaling may occur within the project's vicinity. The placement of permanent structures in this area may
increase the amount of sediment accretion at the docking facility. Due to the classification of this area as
PNA, any future requests for dredging in the area will not be supported. We request the applicant fully
evaluate this potential issue prior to project development.
We appreciate the opportunity to review and comment on this permit application and look forward to
additional information as it becomes available. If you need further assistance or additional information,
please contact me at maria.dunn(cbncwildlife.org or [phone].