20230797 Ver 1_More Info Requested_20240216

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 16, 2024
DWR Project #20230797
Carteret County
ELECTRONIC COPY
Carteret County
ATTN: Eugene Foxworth
210 Turner Street
Beaufort, NC 28516
Sent electronically to: eugene.foxworth0carteretcountync.gov
Subject: 241 Morada Bay Drive - Newport - Bogue Sound
Western Carteret County Boat Launch
REQUEST FOR MORE INFORMATION
Dear. Mr. Foxworth,
On June 5, 2023, the Division of Water Resources (DWR) received your CAMA major development
permit application and associated documents to allow for impacts associated with the construction
of a public boat launch facility including entrance channel and high ground basin excavation,
associated ramp access, shoreline stabilization and upland amenities adjacent to Bogue Sound
Outstanding Resource Waters Area (SA; ORW). The application also included an experimental
primary seagrass mitigation proposal. The Division of Water Resources sent an initial request for
additional information on August 3, 2023 and received an incomplete response to that request from
Carteret County on September 1, 2023. The Division of Water Resources (DWR) continues to have
outstanding concerns, not detailed in the response received, therefore, the project remains on hold
until all the information has been received by our office. The information necessary to complete the
review is detailed within this letter and summarized below:
• Modeling and flushing analysis information
• Mitigation plan details
• Project specific details
Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes
designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined
in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water
quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute
to a violation of water quality standards; (3) would result in secondary or cumulative impacts that
cause or contribute to, or will cause or contribute to, a violation of water quality standards;"
D E Q�JI North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH nt of En NA
oePanme��me�mrortmamaiQuality /� 919.707.9000

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
West Carteret Co. Boat Launch RFAI
DWR Project #20230797
Page 2 of 5
Therefore, and in accordance with 15 A NCAC 02H .0502 (c) the following information is necessary
to complete the 401 application review:
1. Modeling Requirements
DWR Modeling and Assessment branch staff reviewed the response to the request for additional
information and shared the continued concerns regarding the Flushing Analysis for the Western
Carteret County Boat Launch Project during the November 20, 2023, meeting. After review of the
submitted materials and consultation with upper management, a nonproprietary model is needed in
order to evaluate both flushing and dissolved oxygen for the proposed boat launch. There are three
key steps from the Marina Planning guidance document that are impacting Modeling Branch review
because these steps were not followed in the initial submittal:
From page 15 - "All models used must be in open format (no proprietary models) and
all data used to populate models must be included."
From page 16 - "Pre -project sampling locations and parameters must be pre -approved
by DWQ...,,
From page 17 - "Consultations with DWQ at an early stage in the project proposal can
greatly enhance the prospect of achieving a successful marina development. Once the
various site assessments and technical analyses have been completed, it will be possible
to prepare a preliminary development proposal. It is advisable the developer "Scope"
the process with DWQ before commencing work on preparing project
proposals. Scoping meetings are an excellent avenue to discuss project feasibility with
various permitting authorities and give the developer an early indication of the views of
the permitting authorities."
The MIKE21 model described in the submitted materials is not open format and provides no
information on dissolved oxygen. Collected data was not submitted (first bullet above).
The EFDC hydrodynamic and water quality model has been the most commonly used model
recently for other marina projects. Other potential models include WASP (which will still need
EFDC for the hydrodynamics) and CE-Qual-W2.
Comments related to the submitted materials:
• As currently written in the provided memo, the flushing capability was assessed using
MIKE21 by releasing dye (conservative tracer) at one point of the basin for 20 min at the
concentration of 100. The time series of dye concentration was then used to assess flushing.
In fact, the time series of dye concentration at the releasing point is heavily influenced by
how much (or how long) dye was released. It's a function of both mixing (with neighboring
cells) and tidal flushing. In order to look at the capability of tidal flushing in the basin, either
dye needs to be released into the entire basin (e.g. initial condition set to 100) or, for
current model scenario, the time series of total volume of dye within the entire basin
needed to be assessed.
• Model calibration was mentioned in the document, but calibration results were not shown.
• Boundary condition is critical to the well representation of tidal flushing capability
represented in this model, a detailed description or a good reference to the "Flather
condition" is needed to clarify the boundary condition used. In addition, "average tide" and
North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
Department of Environmental Uuali� /`� 919.707.9000

West Carteret Co. Boat Launch RFAI
DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797 DWR Project #20230797
Page 3 of 5
5 tidal constituents are both mentioned in the memo, but more detailed descriptions should
have been included.
DWR Modeling and Assessment branch staff are available to provide guidance and input on any
model proposed prior to its implementation. Please contact Pam Behm at 919-707-6419 or
[e-mail] for further assistance with the proposed model design.
2. Mitigation Plan
The proposed experimental mitigation plan includes a privately owned spoil disposal island. DWR
has not received documentation from the landowner agreeing to the use of the private lands as an
approved mitigation site for this project. Without documentation from the property owner granting
permission to conduct the mitigation on the site, documentation acknowledging the proposed
mitigation plan, and the use as a mitigation site in perpetuity, DWR cannot consider this portion of
the plan. DWR recommends that the applicant consider alternative locations that include areas that
are suitable for SAV growth, are potentially not located over existing known SAV beds, and located
on public lands or lands that are managed by local, state or federal entities. There exists a significant
potential for this type of experimental mitigation to result in secondary impacts to the mitigation site.
DWR has concerns regarding portions of the proposed structures and area of impact calculations
provided in the mitigation plan. The mitigation plan drawings lack the mean low water boundary
and waterward extent of the existing marsh grass. The proposed inset cross section drawing in
Exhibit F does not appear to accurately depict the location, slope, and height of Quick Reef sills within
the mitigation areas. The proposed final height of the Quick Reef sill shown in Exhibit F is 1.70 feet
is above the mean high water. DWR is requesting additional drawings that provide details including
the edge of marsh and/or mean low water contours (where applicable). The proposed height and
width does not appear to accurately account for the tidal amplitude in these areas as it relates to the
proposed slope of the structure and the mean high water level. Additional cross section drawings
should be provided that depict the proposed final height and slope of the varying width Quick Reef
Sill shown on Exhibit D. The cross-section drawings should include the proposed Quick Reef sills,
mean high water level, mean low water level, edge of marsh where appropriate, the proposed slope
and final height. Pease note that DWR also supports the DMF recommendation to construct the
proposed Quick Reef a maximum of one foot above the mean high water. DWR supports the
recommendation by DMF that a 10-foot buffer be established between the existing SAV and the Quick
Reef structure. The mitigation plan should quantify the acreage of impact for the proposed fill
consisting of the Quick Reef sills to be placed below mean high water, the acreage of area where
marsh grass plantings are proposed, and the SAV mitigation areas.
Please provide DWR clarification regarding the mitigation ratio. The proposed 7:1 mitigation ratio
for impacts to 0.78 acres of SAV impact would require a mitigation area of 5.46 acres. Additionally,
DWR supports the DMF recommendation that the entire impact area of the dredge channel (1.02
acres) should be calculated in the mitigation ratio due to the increases in documented SAV coverage
along this shoreline of Bogue Sound.
The SAV survey conducted and referenced in the mitigation and monitoring plan do not appear to
account for the seasonal variability of species of SAV documented within Bogue Sound. Given the
known seasonal variability of the species present, a pre -construction spring and fall survey are
recommended to establish a baseline for SAV changes. As a condition of any water quality
certification with a mitigation and monitoring plan, monitoring results will be required to be
reported to DWR annually. The applicant shall prepare an adaptive management plan as part of the
mitigation plan to address any deficiencies that may be discovered during annual monitoring. The
North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
Department of Environmental Uuali� /`� 919.707.9000

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
West Carteret Co. Boat Launch RFAI
DWR Project #20230797
Page 4 of 5
monitoring reports should include all facets of the proposed mitigation plan including, but limited to,
success criteria and establishment of proposed marsh grass plantings, success criteria and evaluation
of the Quick Reef as habitat utilized by aquatic species, success criteria and establishment of SAV and
a remedial action plan if the facets of the mitigation plan fail to meet the established success criteria.
3. Project Details
DWR has concerns regarding the justified need for a final project depth of -7.2 feet Mean Low Water
within the upland boat launch basin and access channel. DWR recommends a reduction in the
proposed final depth based on the need to provide launching for vessels limited in length by NCDOT
(max. 60 feet truck and trailer combined), supported by the 60 feet long proposed parking spaces
and documented application materials listing average boat length to be 24 feet. The resource
agencies have consistently recommended a reduction in the proposed final depth. Please provide
justification, including potential model results that may justify the need for the proposed final project
depth. Additionally, the proposed final dredge depths depicted on Sheet C-300 cross sections D1 &
D2 do not consistently call out the water elevations of the proposed final dredge depths. The
proposed final dredge depths depicted on Sheet C-400 do not include the one -foot over dredge
allowance proposed. Please provide clarification that references the tidal datum utilized to
determine proposed depths and structures that references the changes in tidal amplitude and water
elevations described in the application, specifically, mean high water, mean high high water, -mean
low water, and mean low low water. Please provide a cross-section drawing that accurately depicts
the proposed finished side slopes of the basin and the proposed slope of the shoreline stabilization
along the perimeter of the basin. Please clarify if fill be placed along the shoreline. Cross section
drawings provided depict approximate existing grade.
Please be advised DWR shares the concerns expressed in the Division of Marine Fisheries and
Wildlife Resources Commission memorandums dated November 17, 2023 and to prevent
redundancy will not reiterate those concerns in this letter, but instead has attached copies of the
memos to this letter in support of those recommendations and requests. Please provide the DWR
with a copy of your responses to DMF and WRC memorandums to ensure we have all relevant
information to complete our review in accordance with 15A NCAC 02H .0506(b).
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested
information for the proper consideration of the application. If all the requested information is not
received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve
the application and it will be returned. The return of this project will necessitate reapplication to the
DWR for approval, including a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code. Please contact Holley Snider at 910-796-7303 or
[e-mail] or myself at 910-796-7218 or [e-mail] if you have any
questions or concerns.
North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
Department of Environmental Uuali� /`� 919.707.9000

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
West Carteret Co. Boat Launch RFAI
DWR Project #20230797
Page 5 of 5
Sincerely,
ESDocuSigned by:
ft plA,u.ln G CbSS
755ABFOCD8OB428_.
Stephanie Goss
Supervisor 401 Buffer Permitting Branch
Division of Water Resources, NCDEQ
Enclosures: DMF Memorandum dated November 17, 2023
WRC Memorandum dated November 17, 2023
CC: Greg Bodnar, DCM Morehead City Office -EC
Heather Styron, DCM Morehead City Office -EC
Sarah Hair, USACE Wilmington Regulatory Field Office -EC
Maria Dunn, WRC-EC
Jimmy Harrison, DMF-EC
Todd Bowers, EPA Region 4
Doug Huggett, Consultant -EC
DWR 401 & Buffer Permitting Branch file - LF
WiRO files
North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
Department of Environmental Uuali� /`� 919.707.9000

DocuSign Envelope ID: 3CBBA394-02B6-4711-BFDO-EE6A61393797
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO: Gregg Bodnar, NCDCM Major Permits Coordinator
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: Western Carteret Boat Ramp Proposal and Mitigation Plan, Carteret County,
follow up memo
DATE: 17 November 2023
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist reviewed
the CAMA Major permit application, mitigation plan, and associated documents for the proposed
Western Carteret Boat Ramp and submitted comments for the project in July 2023. The DMF
requested additional information and potential minimization measures due to impacts to
submerged aquatic vegetation (SAV) and coastal wetlands, and water quality degradation in
open shellfish harvest waters (SA-ORW). The DMF reviewed Carteret County's October 2023
response to DMF and offers the following response.
The proposed project is in Newport, North Carolina (Carteret County), and consists of dredging
an upland boat basin and access channel for a public boat launch facility on Bogue Sound. The
waters at this location are classified as Outstanding Resource Waters (ORW); SA and are open to
shellfish harvesting. Submerged aquatic vegetation is documented within the dredge footprint of
the access channel and the surrounding waters. There are also coastal wetlands within the project
site that would be directly impacted by the project.
The public boat launch facility is proposed to include a 159-space boat trailer parking lot, six
launch ramps and three floating piers, an upland boat basin with depth -7.2' NAVD88 (-6.2'
target depth plus 1' allowable overdredge). A 50' by 450' channel from the basin into the sound
and AIWW would be dredged to access the basin, resulting in 0.78 acres (33,977 ft2) of direct
impacts to SAV and 2,212 ft2 of impacts to coastal wetlands.
Two outstanding issues exist with the permit application before DMF can fully assess
environmental impacts of the project.
1) Permission from owner of spoil island to construct mitigation project.
Since DMF submitted its initial comments, we have learned that the applicant does not have
permission from the owner of the spoil island to construct the breakwater and QuickReef sill.
Without written permission, the mitigation plan is speculative, and no permitting decisions
should be made without having a confirmed mitigation plan. Should the mitigation project get
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 I Morehead City, North Carolina 28557
252-726-7021

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
permission, DMF has some additional unaddressed concerns and suggested changes to the
mitigation plan.
2) Flushing model results as required by NC Division of Water Resources
Because the applicant has not provided the correct flushing data needed to North Carolina
Division of Water Resources' (DWR), DMF does not have enough information to know whether
the current basin and channel design is sufficient for flushing or how much it could be modified
to improve water quality. The DMF defers to and supports the position of DWR on the minimum
width of the entrance channel that will be sufficient.
Remaining concerns of DMF
The county's response did not include any design changes to minimize habitat and water quality
impacts associated with the project. Additional information was provided by the applicant but
primarily re -stated information from the original application. No additional information was
provided to reduce impacts to SAV. The DMF objects to the project due to significant impacts to
critical fish habitat and includes below the specific remaining concerns.
Boat ramp facility
Additional details regarding the necessity for the proposed boat basin and access channel depth
and an analysis of the impacts that this deeper water could have on the surrounding area.
The DMF disagrees with the applicant that -7.2' NAVD88 (-6.2' NAVD88 target depth +
1' allowable overdredge), water depth is necessary in the basin and access channel. The
North Carolina Wildlife Resources Commission (WRC) generally requires 4' MLW for
public boat ramp facilities. Reducing the depth would reduce water quality concerns and
would allow the required channel length to be shorter, thus reducing the dredge footprint
in SAV habitat. Reducing the access channel width would also reduce the dredging
impacts to SAV habitat and potentially reduce water quality degradation to ORW open
shellfish harvest waters.
A definitive answer and proposed location of any No Wake Zones to be included.
The county provided a sketch of the area to be included in the No Wake Zone and
restated that they would work with WRC to secure a No Wake Zone. A No Wake Zone as
depicted by the applicant would be very helpful in reducing boat wake related impacts to
nearby coastal wetlands, and improve boater compliance to stay within the marked
channel, thus reducing boating related damage to SAV. Written confirmation by WRC
and/or the US Coast Guard that the No Wake Zone will be permitted is necessary to
consider the benefit of the action.
An assessment of potential impacts to SAV associated with the placement of QuickReef material.
No documentation was provided other than subjective observations and literature from
other areas. This is a topic of uncertainty raised at the October 2023 Living Shoreline
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
2

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
Workshop as a research need. Therefore, the DMF requests a 10' buffer between existing
SAV and placement of QuickReef material. The location of SAV present within 20' of
QuickReef should be documented and provided to DMF. Monitoring of these locations of
SAV should be incorporated into the monitoring plan.
Additional boat launch user data to support the purpose and need of this facility.
The applicant also did not address the request for additional information regarding the
survey of nearby launch facilities. The one -day survey that was reported occurred on a
Saturday in late June — this likely represents peak use before July 4th weekend, rather than
typical use. Subsequent repetitions throughout the year would provide a more accurate
representation of launch user data. The narrative and response mention the number of
registered vessels in Carteret, Craven, Jones, and Pitt Counties, but only surveyed
existing facilities in Carteret County. There is no breakdown of the number of vessels by
individual counties, or data showing the extent of those vessels traveling to Carteret
County launch facilities, making the additional information irrelevant to the need for
such a large boat ramp. The applicant did not offer to reduce the number of trailer
parking spaces to reduce cumulative impacts to SAV and wetlands from heavy boat
traffic. The DMF continues to request a reduction in maximum capacity, by at least 30%
(maximum of 111 trailer spaces).
Additional information regarding how the "No Reasonable Alternative " conclusion was made.
The response indicates that the property was selected because it was devoid of SAV
based on State -supplied SAV data. However, in 2017, the WRC was considering this
location for a potential boat launch facility. After the area was surveyed by DMF and
DCM staff, the WRC decided not to pursue this location due to the significant impacts to
SAV that would occur as a result of the project. The response does not indicate that any
sort of ground-truthing survey was completed to verify the mapping data. As State -
provided mapping shows SAV along the project site shoreline throughout history (though
possibly not within the exact dredging footprint), completing a preliminary survey would
have shown that the applicant did their due diligence, as was the case in 2017. The
response from the County also failed to include the 2020 SAV data, which shows that
2020 mapping found expanded SAV along the shoreline compared to 2013.
Mitigation Project
Additional information to justify the large width and height of the proposed breakwater for
mitigation.
The design height is based on a maximum height of one ft above MHHW. DMF requests
the height be reduced to not extend above MHHW, rather than one ft above.
Additional details regarding the proposed monitoring (i.e., locations of sites, specifics of
monitoring, success criteria, who will undertake these efforts, etc).
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
3

DocuSign Envelope ID: 3CBBA394-02B6-471 1 -BFDO-EE6A61393797
The mitigation ratio was calculated by taking the area of the access channel dredge and
breakwater footprints and reducing the impact by the proportion of the area that had
vegetation at the time of the survey. However, transects were 30m apart and therefore did
not quantify total SAV coverage and could have easily missed SAV patches. Also,
imagery indicates that SAV has slowly been increasing in extent in this area and could
continue to do so if not dredged. Since the entire dredge footprint of the access channel
and the footprint of the breakwater will no longer support SAV, the entire acreage should
be used as the impact area (1.02a). Since the mitigation site is 4.27a, the mitigation ratio
is 4.18. Additional mitigation should be added to reach a 7:1 ratio as proposed by the
applicant. Because success criteria depend on the extent of seagrass coverage, monitoring
transects should be closer together to accurately assess coverage change — 1 Om apart or
less. At the end of five years, annual results should be reviewed by resource agencies to
determine if additional monitoring time is needed.
Additionally, the proposed monitoring includes two surveys per year to account for
seasonal species differences, but only one survey was completed to develop the
mitigation plan. A fall survey will likely produce different results than a single spring
survey. Without having a pre -project fall survey, DMF would like clarification on how
SAV change will be assessed. The applicant's response also did not address DMF's
comment recommending that monitoring results be summarized and reported annually to
allow for adaptive management.
Thank you for your consideration of our comments and concerns. Please contact Jimmy Harrison
at [phone] or atR?LQQ. 1fR@ Ql7j§ with any further questions or concerns.
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021
4

DocuSign Envelope ID: 3CBBA394-02B6-4711-BFDO-EE6A61393797
r AJ
North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
11% 10105 us) .yReI111JV1
TO: Division of Water Resources
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: November 17, 2023
SUBJECT: West Carteret Boat Ramp Proposal and Mitigation Plan, Carteret 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 241
Morada Bay Drive in Newport, NC adjacent to Bogue Sound. 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.).
Carteret County has proposed to construct a public boating access area on an undeveloped lot between
NC Hwy 24 and Bogue Sound. The 159-spaced parking area would lead to a 1.54 acre excavated upland
basin with six launch ramps and three floating piers. A 50' by 450' by -5' access channel from the basin
into the sound and AIWW would be dredged, impacting 0.78-acre of submerged aquatic vegetation
(SAV). Coastal wetlands run parallel to the shoreline and would also be impacted by the basin and
channel dredging, shoreline stabilization, and overall use of the area as a public boating facility. Proposed
water depths are stated to be -6.2' MLW with +1' overdredge. To address impacts to SAV, coastal
wetlands and shallow water habitats, the applicant has presented a mitigation plan. This plan includes the
incorporation of 861' riprap sill and a breakwater between two islands, ranging in base width from 12' to
18'. On either side of the breakwater, Quickreef sills are proposed — approximately 800' on the western
island and 650' on the eastern island. The intention of this area is to propagate SAV and coastal wetland
development. Additional mitigation includes a 1062' by 5' Quickreef living shoreline along the
MLW/NWL end of the western island with associated coastal wetland planting on the landward side of
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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the sill. Bogue Sound at this location is classified SA ORW by the Environmental Management
Commission and is open to shellfish harvesting.
The NCWRC has reviewed the permit application as well as the mitigation plan. Numerous scoping
meetings and discussions have occurred stating concerns with the proposal and the magnitude of impacts
to SAV, coastal wetlands, and shallow water habitats. The development of a boat ramp in this area had
been previously avoided due to such impacts. As stated during the meetings and other conversations for
this as well as other projects, avoidance and minimization of impacts to resources should be a primary
objective — especially for SAV and coastal wetlands. Avoidance and minimization of impacts to SAV,
coastal wetlands, shallow water habitats and overall Essential Fish Habitat (EFH) has been requested by
several state and federal agencies. These measures include exploration of an alternative site, reduction in
facility size, reduction in water depths (both basin and access channel), moratoria, and shoreline
stabilization design modifications (10' gaps every 100', minimal heigh of sills above MHW, etc.). The
NCWRC maintains support for these requests to avoid and minimize impacts and requests clarification of
final water depths and structure designs before any permit issuance if it is determined permit issuance is
allowed. However, if the proposal proceeds with permit issuance, it is unlikely appropriate avoidance and
minimization of resource impacts can be met. Therefore, the applicant has submitted a mitigation plan to
offset impacts.
NCWRC staff have reviewed the mitigation plan and still have concern with the project proposal. Overall,
impacts should be avoided and minimized — especially for SAV and coastal wetlands. Mitigation for
substantial impacts to these resources is not generally supported or allowed, unless for an overriding
public benefit, such as bridges to islands that provide improved hurricane evacuation access and utilities
infrastructure. Therefore, careful consideration should be given to the appropriateness of the mitigation,
functional uplift, and overall success. In -kind mitigation, monitoring, and success criteria are essential.
During the review of the mitigation plan it was noticed that the eastern island where a large portion of the
mitigation is proposed is not public land but owned by a private entity. There was no information
regarding allowance to conduct any activities on this island or any discussion on methods to ensure the
area would be placed under a conservation easement and not developed or managed in a way inconsistent
with the intended mitigative purpose. As this is an important aspect of the project, the NCWRC will not
provide further comment on the mitigation plan and requests this concern be addressed and information
provided regarding allowance and perpetual conservation. Establishing mitigation on public lands or areas
that are managed by local, state or federal entities is preferred. Such areas may include state owned
islands, state parks, game lands and wildlife refuges.
The NCWRC appreciates the opportunity to review and comment on this application and mitigation plan.
Please do not hesitate to call or email me atr RtWffM[xi hd iIlM1 rWg or [phone] as additional
information becomes available or if you need further assistance or additional information.