20240551 Ver 1_DMF Comments_20240516

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TANCRED MILLER
birector
April 12, 2024
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a-)deg.nc.gov
SUBJECT: CAMA ID & F
Applicant: Capital Asset of Topsail Development, LLC (under offer to purchase)
Project Location: Pender County PIN 4213-82-4135-0000, N. Anderson Blvd., adj. to Topsail
Sound, Topsail Beach, Pender County
Proposed Project: The applicant proposes to develop the property by installing/constructing a
driveway (resulting in 404 type wetland fill), parking area, residential dwelling,
septic system, swimming pool, retaining wall and private two (2) slip docking
facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 8, 2024. If you have any questions
regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
XThis 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
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE 05/16/2024
D North Carolina Department of Environmental Quality I Division of Coastal Management
4Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NCPnTH aouNa
910,796,7215

ROY COOPER
Governor
ELIZABETH S. BISE2
Secretary
KATHY B. PAWLS
Director
IBM Ul:.\1 O
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Capital Asset Topsail Development, LLC
DATE: May 16, 2024
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The project site is located at Pender County PIN 4213-82-4 135-0000, which is
located along N. Anderson Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender
County. The waters of the AIWW are classified SA by the Division of Water Quality, are not
designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries (DMF)
and are closed to the harvest of shellfish. The project site is proposed in submerged aquatic
vegetation (SAV) habitat.
SAV is a vital component to the estuarine system and is prime nursery area for many
fisheries species, such as gag grouper, flounder, red drum, black sea bass, weakfish and
Atlantic croaker. SAV supports high diversity of foraging fish and invertebrates and
provides valuable ecosystem services as a primary producer and enhancer of water quality.
SAV filters water, stabilizes sediment and provides refuge for juvenile finfish, crabs and
shrimp.
The applicant proposes to develop the property by installing/constructing a driveway
(resulting in 404 type wetland fill), parking area, residential dwelling, septic system,
swimming pool, retaining wall and private 2-slip docking facility. The proposed driveway
will result in approximately 1,558 sq. ft. of 404 wetlands fill. The NCDMF supports any
mitigation required by the Division of Water Resources or U. S. Army Corps of Engineering.
Though the NCDMF does not have any concerns about the docking facility, the Division
recommends a moratorium on in -water work from 1 April to 30 September to reduce the
negative effects on the SAV in the area and on critical fish life history activities, to include
spawning migrations and nursery functions.
Thank you for your consideration of our comments.
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021

Please contact Kimberlee Harding at 910-796-7286 or [e-mail] 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