HomeMy WebLinkAbout19980781 Ver 2_CMDF_Phillip Wynn_NCWRC_20240705� North Carolina Wildlife Resources Commission �
Cameron Ingram, Executive Director
MEMORANDUM
TO: Division of Coastal Management
North Carolina Department of Environmental Quality
A.0 a
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 5, 2024
SUBJECT: CAMA Dredge/Fill Permit Application for Phillip Wynn, PA-1333, Craven
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 113 Bimini
Court in Havelock NC adjacent Clubfoot Creek. 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 install a 336' bulkhead / retaining wall, fill 360 W of Section 404 wetlands, fill
384 ft2 of coastal wetlands, install a 10' x 41' concrete ramp and 14' by 14' access pad for subdivision
use, dredge a -3.5' x 30' x 74' area for ramp use, remove 10' of existing riprap to create hydrologic and
aquatic connectivity to shore, and place removed riprap along the existing riprap shoreline. Dredged
material would be placed on high ground to dewater prior to being used as fill behind the bulkhead.
Clubfoot Creek at this location is designated SA HQW NSW by the Environmental Management
Commission, is subject to the NC Division of Water Resources (NCDWR) Neuse Basin Buffer Rules, and
is designated a Secondary Nursery Area by the NC Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the proposal and is familiar with the proposal and project area. Our agency
has participated in numerous scoping meetings, phone calls, and emails regarding the proposal and means
to minimize impacts to aquatic and wildlife resources. Several of the recommendations were included in
the modified design, though some recommended bulkhead alignments were not due to property layout
and constraints. It is understood the ramp is to be used by residents of the subdivision and no parking is to
be provided. The NCWRC has discussed SAV survey results conducted by NCDMF during their site visit
and understands there were no SAV's observed within the project area / property.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
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Overall, the NCWRC does not have significant concerns with the proposal due to the lack of SAV
presence within the project area and the depths of the boat ramp terminus after dredging. However, we
offer the following to complement our previous statements that should be considered during permit
application review:
• Material removed from the proposed dredge footprint should be placed outside the NCDWR
buffer and not adversely affect wetlands during dewatering.
The property contains wetlands that will not be impacted or filled as a result of the project
proposal. However, it has been noted that the wetland vegetation is being maintained by mowing.
Frequent vegetation management of coastal wetlands, including mowing, can be detrimental to
their integrity. 15A NCAC 07H .0205 provides language describing coastal wetland vegetation
and allowable management activities. The NCWRC supports the conditions of this rule as it
protects coastal wetlands, allowing them to improve water quality and maintain wildlife and
aquatic habitat. Management of wetland areas outside these conditions should not be condoned.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at maria.dunn&ncwildlife.org or (252) 495-5554.