20040337 Ver 2_Emails_20151020

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TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
SUBJECT: Water's Edge HOA (Hampstead)
DATE: 8/20/2015
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A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes
to conduct new dredging around an existing boating facility. Waters are classified as supporting shellfish
(SA), Outstanding Resource Waters (ORW), Mill Creek (adjacent to site) is classified as Secondary Nursery
Area (SNA), and waters are open to the harvest of shellfish by the NC Division of Marine Fisheries Shellfish
Sanitation Section.
In 2004 a Major Modification was submitted to an existing Major Permit (#68-03) to construct an 18 slip
community dock, nine slips within Mill Creek and nine slips within the Atlantic Intracoastal Waterway
(AIWW). The permit was authorized. In 2008 a CAMA Major Permit application was submitted to
perform new dredging within the AIWW portion of the docking facility (slips 5-9). DCM field staff noted
submerged aquatic vegetation (SAV) within the dredge footprint. The application was circulated and
numerous agencies replied unfavorably due to the impacts to SAV and SAV habitat. Furthermore NC
Wildlife Resources Commission comments relating to the 2003 Environmental Assessment recommended
that no dredging be allowed based on SAV impacts. The application was withdrawn and no further action
was taken. In April and June 2015, DCM field staff and fisheries resource specialists surveyed the area
and documented SAV within the current dredge footprint. As designed, slips 1-4 have a 50ft. wide x 75ft.
long x -4ft. depth footprint. Slips 5-9 have a 50ft. wide x 100ft. long x -4ft. depth footprint. to
North Carolina ranks second behind Florida in SAV presence. Observations since 2000 have indicated that
SAV coverage in North Carolina is expanding into previously unobserved areas. SAV is a vital component
to the estuarine system and is excellent nursery area for many fisheries species, supporting high diversity
of fish and invertebrates, and provides valuable ecosystem services as a primary producer and enhancer
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of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment (Fonseca 1996, Stephan and
Bigford 1997), and provides refuge forjuvenile finfish, crabs and shrimp (Savino and Stein 1989, Rooker et
al. 1998). SAV supports a vast array of epiphytes and other sessile invertebrates that serve as a food
source for many fisheries species. Waters containing SAV have higher species richness and abundance
than those without SAV (Thayer et al. 1975, Ross and Stevens 1992), and can improve water quality and
clarity through the filtration of water by the associated epiphytic community. SAV is recognized as
essential fish habitat due to its primary production, structural complexity, modification of energy regimes,
sediment and shoreline stabilization, and nutrient cycling (Deaton et al. 2010).
The proposed application intends to perform new dredging in and around the existing slips within the
AIWW docking facility (slips 1-9). DCM field staff and fisheries resource specialists have observed SAV
resource within the dredge footprint as far back as the 2008 CAMA Major Permit application, which was
withdrawn due to the presence of SAV and unfavorable comments from multiple resource agencies. The
authorization of new dredging at the project site would directly and negatively impact the SAV through
direct removal of the resource and alteration of the habitat to discourage recolonization. Therefore,
object to the project as proposed due to the significant and adverse impacts to the marine and estuarine
resource, principally SAV, at the project site.
Contact Gregg Bodnar at [phone] ext. 213 or [e-mail] with further questions or
concerns.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection
Plan. North Carolina Department of Environment and Natural Resources. Division of Marine
Fisheries, NC. 639 pp.
Fonseca, M. S. 1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-286 in
C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological and
Ecological Interactions. Blackwell, Boston, MA.
Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops ocellatus)
to predatory fish: is early -life survival enhanced by seagrass meadows? Marine Biology 131(1):
145-151.
Ross, J. L. and T.M. Stevens. 1992. Life history and population dynamics of red drum (Sciaenops ocellatus)
in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC, Marine Fisheries
Research Completion Report Project F-29, 130p.
Savino, J. F. and R.A. Stein. 1989. Behavior of fish predators and their prey: habitat choice between open
water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293.
Stephan, C. D. and T.E. Bigford. 1997. Atlantic coastal submerged aquatic vegetation: a review of its
ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish stocks.
Atlantic States Marine Fisheries Commission, 77p.
Thayer, G. W., S.M. Adams, and M.W. La Croix. 1975. Structural and functional aspects of a recently
established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research.
Academic Press, New York, NY.

Waters Edge Homeowners Association, Inc.
2108 Capital Drive Suite 102
Wilmington, NC 28405
ME
Karen Higgins
North Carolina Dept. of Environmental Quality
Division of Water Resources - 401 &Buffer Permitting nit
1647 Mail Service Center
Raleigh, NC 27699-1617
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- -111nuint, is a MIT-.17-ra V111 MaTtk'LO Te aen . I J'y Tne--�rerrril I gencles Due tc
the SAV presence and we will have to appeal to the North Carolina Coastal Resources
Commission for a variance. Please let me know if you need additional information.
No
Heather Coats, DCM Wilmington
Jason Dail, DCM Wilmington
Liz Hair, USACE

From:
To:
FYI
]oanneSteenhuis
Senior Environmental Specialist
Wilmington Regional Office
127Cardinal Drive Ext.
Wilmington, N[284O5
Direct phone 91O.796.73O6
jo,qnzie.8teenbnis.gov
Steenhuis,]oanne
Tuesday, October ZU'ZUl59:3UAM
Higgins, Karen
Gregson, Jim
FW: Waters Edge HOA Boat Docks Dredging Project
Water's Edge HOA (DMF Review).doc;VVater's Edge HOA (DMF Review).doc;VVater's
Edge SAV presence (DMF Review).pdf
**E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and mav be disclosed to third Darties."
From: Deaton, Anne
Sent: Monday, October I9'20I59:404M
To: Steenhuis'Joanne <[e-mail]>, Gregson, Jim <[e-mail]>
Subject: FW: Waters Edge HOA Boat Docks Dredging Project
| have asked Louis and Steve for guidance on how to handle this. | asked Gregg for the raw data or a better
sketch. See attached. Hesaid they could clearly see all the bottom sothey sketched iLout and got percent
cover rather than doing transects. That's similar Lowhat |would have done.
Do you think this would suffice if that was what he sent the first time? Just curious. Doyou foresee DVVR
wanting the survey from DIVIF/consulLanL all the time from now on or just under certain conditions, and if so,
what conditions? Thanks for clarifying,
Anne
From: Bodnar, Gregg
Sent: Friday, October I6'20I5I:I9PM
To: Deaton, Anne
Cc: HuQQett,Doug
Subject: RE: Waters Edge HOA Boat Docks Dredging Project
Afternoon Anne,
1

I have attached a color sketch of the SAV locations that includes the dredge footprint, the original plan from the
application and I highlighted my comments that best describe the percent coverages. | did not add the percent coverages
to the sketch to keep it as clutter free as possible.
Hope this issufficient,
Gregg
From: Deaton, Anne
Sent: Thursday, October I5'20I53:02PM
To: Bodnar, Gregg
Subject: RE: Waters Edge HOA Boat Docks Dredging Project
Thanks. Sodid you run any transects and system aLicaI lydoquadrat sampling for the density orjust sketch iL
out and approximate?
From: Bodnar, Gregg
Sent: Thursday, October I5'20I52:I2PM
To: Deaton, Anne
Cc: HuQQett,Doug
Subject: RE: Waters Edge HOA Boat Docks Dredging Project
Afternoon Anne,
I have attached the survey sketch and comments which documents the previous application withdraw in 2008
Greggand a narrative of the SAV survey.
From: Deaton, Anne
Sent: Thursday, October I5'20I5II:384M
To: Bodnar, Gregg
Subject: FW: Waters Edge HOA Boat Docks Dredging Project
| talked toJim Gregson about this. Attached the DVVKresponse. They have put the app onhold pending anSAV
survey from DMF oraconsultant. Could you send rneyour SAV survey data, sketch, maps, letter. I'll look it
over. | am thinking | might be able to just say | reviewed your data and concur. Or something like that.
Anne
From: Gregson, Jim
Sent: Thursday, October 15, 2015 10:38 AM
To: Deaton, Anne
Subject: FW: Waters Edge HOA Boat Docks Dredging Project
N

Jim Gregson, Regional Supervisor
North Carolina Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Tel. [phone]
Fax [phone]
**E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third Darties.**
From: Higgins, Karen
Sent: Friday, September 25, 2015 4:05 PM
To : a d a rro_k n_i e rim @.gmail.com
Cc: Steenhuis, Joanne <joanne.steenhuis@ncdenr. ov>; Gregson, Jim <jim.gre�;[e-mail]>;
Sarah.e.hair@_u�are_army_mil, Coats, Heather<heather.coats ncdenrg_ov>, Dail, Jason <jason.dail@ncdenr.�;ov>
...... ........
Subject: Waters Edge HOA Boat Docks Dredging Project
Please find a request for additional information attached.
Thanks -
Karen
Karen Higgins
401 & Buffer Permitting Unit Supervisor
INC DEQ- Division of Water Resources
1617 Mail Service Center, Raleigh, INC 27699
Phone: [phone]
Email: [e-mail]
Website: http://portal.ncdenr.org/web/wq/401bufferpermitting
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
3

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