20040337 Ver 2_Other Agency Comments_20151023 (3)

August 5, 2013
Memorandum
To: Braxton Davis, Director
Division of Coastal Management
From: Louis B. Daniel, Director
Division of Marine Fisheries
Subject: Minimizing Habitat Impact Project Transfer to DCM
As part of our division's alignment of resources to become more efficient and effective while
providing outstanding customer service, effective August 1, 2013, we are transferring to your
division the Coastal Recreational Fishing License (CRFL) project entitled "Minimizing Habitat
Impacts" including the two positions funded by this project. These positions will continue to
function in the capacity they were originally hired and will continue to provide to you needed
fisheries expertise. This organization change will allow for continued permit reviews to ensure
avoidance and minimization of impacts to important coastal fisheries habitats, while resulting in a
more efficient and streamlined permitting process for applicants.
Administratively, the following has been agreed upon by our respective divisions:
• The project will stay within the Division of Marine Fisheries Five -Year Plan for Obligated
Funds from the Marine Resources Fund with current funding approved through Fiscal Year
2017.
• The Principal Investigator for this project will need to be identified from your staff
• The management of the funds for approved purposes will be your division's responsibility
including budget revisions, purchases orders, and invoices.
• Equipment purchased with project funds will transfer to your division through the Fixed
Asset System (FAS) where applicable.
• The MOA using the position salary and fringe from positions numbers 60032734 and
65008125 will become defunct with the transfer of these positions to your division. The
February 2013 MOA is no longer necessary since its primary purpose was to receive
approval from DMF to use the aforementioned positions for match on DCM grants. The
positions are now DCM positions and can be used as match at DCM's discretion.
• The transferred positions will continue to review the same types of development
applications for fishery related concerns, including some that may be outside of coastal
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counties but potentially impacting coastal migratory fish populations, such as anadromous
fish species (E.g. DWQ or USCOE applications).
As the grant specifies, the transferred positions will not only review permit applications,
but continue to participate on the CHPP team, a DENR team charged with drafting CHPP
updates and facilitating CHPP implementation actions.
The transferred positions will maintain the DMF permit database so that annual summary
reports can be compiled for required grant reporting.
The employees in the transferred positions are currently Technical Monitors for several
other CRFL projects and will remain monitors on these projects until their completion. We
may also need to have these staff become Technical Monitors for future projects.
If you have any questions /concerns, please contact myself or Dee Lupton
Sincerely,
Louis B. Daniel III, Director
cc: Dee Lupton
Anne Deaton
Tiffany Frazier
Attachments:
1) Division of Marine Fisheries Five -Year Plan for Obligated Funds From the Marine
Resources Fund
2) Original CRFL grant proposal
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North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 23, 2015
To: Karen Higgins, Division of Water Resources
From: Anne Deaton, Division of Marine Fisheries
Subject: Water's Edge Homeowner's Association (Great Oaks Dr.)
Hampstead, NC
I was asked by the applicant's contractor, Jimmy North, to conduct an SAV survey for the above referenced
property to satisfy the Division of Water Resource's (DWR) request for additional information. I was told by
Division of Coastal Management (DCM) staff that although DCM fisheries resource specialists conducted a
field visit and submerged aquatic vegetation (SAV) survey in June, a survey was needed from the Division of
Marine Fisheries (DMF) or a consultant.
Under G.S. 113 -131, the Division of Marine Fisheries (DMF) has authority to review and comment on
development projects. In 2013, DMF transferred fisheries resource specialist positions to the Division of
Coastal Management (DCM). These two positions were responsible for reviewing permit applications for
DMF, and were to continue doing that function at DCM. I have attached a memo explaining that
agreement. Currently the two positions that serve as the fisheries resource specialists are Gregg Bodnar
and Shane Staples. I have worked with both and have complete confidence in their abilities.
Mr. Bodnar and other DCM staff surveyed the site in April and June and submitted comments in a letter
dated August 20, 2015 (attached letter and survey sketch). At that time, they found SAV within the
footprint of both the northern (slip # 5 -9) and southern (slip #1 -4) docks. The dominant species present at
that time was eelgrass (Z. marina), with density ranging from 10 -70 %. SAV coverage was more prevalent
and denser on the northern dock.
On October 23, 2015, 1 visited the site at low tide. Water depth at the northern dock was 0.25 - 0.54 m and
a portion of the floating dock was sitting on the bottom. Water depth at the southern dock was 0.74 — 0.92
m deep. There appears to be about a 1 m tide range at the site. I observed SAV to be present in similar
locations and densities as identified by DCM staff, although the major species present was shoal grass (H.
wrightii). Eelgrass and shoal grass tend to occur in mixed beds, with eelgrass more abundant in the spring
and early summer and shoal grass more abundant in the late summer and fall, so this difference in species
was expected. Based on my visual inspection of the proposed dredge site, I concur with the previous
survey results found by DCM in June.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: 919 - 707 -86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

July 23, 2015
MEMORANDUM:
TO: Gregg Bodner
Fisheries Resource Specialist
DCM, Morehead City
FROM: Doug Huggett, NC DENR -DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: 252 - 247 -3330
(Courier 11- 12 -09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW, in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Douq Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at (910)796 -7221 when appropriate,
in -depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached rpg
SIGNED DATE
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington. NC 28405
Phone: [phone] FAX: [phone] Internet wwwmccoastalmanaciernent.net Ep
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
MEMORANDUM:
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
SUBJECT: Water's Edge HOA (Hampstead)
DATE: 8/20/2015
Donald R. van der Vaart
Secretary
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 -oft. depth
footprint. SAV, identified as mostly Z. marina (eel grass), has colonized the area and has shown to be
prevalent behind and within the dredge footprint. In June 2015, SAV coverage within slips 5, 6, 8, and 9
was 10 -40 %. In slip 7, SAV coverage was 40 -70 %. Landward of slips 5 -9 to the marsh also had 10 -40%
SAV coverage. The shallow embayment between the two piers has 10 -40% coverage and transitions to
algae and patchy SAV coverage at slips 1 -4. Dominate species of algae were identified in the field as
ulva, dictyota, and codium. Finfish utilize algal dominated areas in much the same way as SAV habitat,
with many finfish species utilizing both habitats.
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
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: 919 - 707 -8600 \ Internet: www.ncdenr.gov
An Equal opportunity, `. Affirmative Action Employer - Made in part by recycled paper

and enhancer of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment (Fonseca
1996; Stephan and Bigford 1997), and provides refuge for juvenile 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, I 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 (252) 808 -2808 ext. 213 or gregg.bodnar @ncdenr.gov 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.

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