20040337 Ver 3_More Info Received_20170309

Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
512 N. Salisbury Street, Suite 942-E, Raleigh, NC 27604
Ms. Higgins
We are writing in response to your email of February 16. We had intended to wait until the arrival of the
more detailed hard copy communication to which you referred, but in an effort to move forward we
wanted to share some thoughts with you.
Survey: The Waters Edge HOA (HOA) questions the need for another SAV survey in the project area.
Biologists from the North Carolina Division of Coastal Management (DCM) surveyed the area in April
and May of 2015 with enough detail to identify species and percent SAV coverage in the project area.
This map was suitable for use by DCM during our recent hearing in front of the Coastal Resources
Commission (CRC).
We are therefore puzzled by the need for another survey. A new survey will not change the fact that SAV
does exist in some of the slips proposed for dredging, and will not alter the footprint of the project for
which we received the CRC variance. Even a new delineation of the edges of SAV growth in the area
will not change the area to be dredged. We are a small community (18 lots) with limited resources and
we would be much more inclined to use the money needed for a survey on some aspect of mitigation.
We will be conducting a depth survey after the project has been completed in compliance with
requirements under the terms of the CRC variance.
Minimization of adverse impacts:
Best practices will be employed and care will be taken to not disturb or harm any SAV adjacent to our
dredging footprint. Any SAV present in the dredging footprint can be removed and transplanted prior to
dredging (see Mitigation discussion below for details). If the Corps or DCM has proven techniques to
minimize adverse impacts (such as dredging at certain tide stages or moon phases or wind directions) we
will consider stipulating them in our dredging contract.
Mitigation: The HOA believes that it already has undertaken mitigation for the presence of the boat
marinas associated with our community. In exchange for the original boat marina permit, the HOA was
required to include in their Covenants a restriction on individual lot owners building structures into the
water from their lots. Throughout the entire community, we have no individual shoreline structures such
as docks, piers etc. either into Mill Creek or the ICW. This restriction has resulted in over three-fourths
of a mile of undisturbed natural shoreline on our side of Mill Creek. Additionally, this protected
shoreline has also created an extensive buffer zone to limit runoff and improve water quality. The
situation on the other side of Mill Creek, as well as in other developed creeks in this part of the coast is
quite different. The number of fishing boats that target our shoreline is testament to the fact we are
providing significant fishery habitat through this restriction.
That being said, the HOA would be willing to transplant SAV from the dredged area to the shallow water
zone immediately to our south. We would employ the method of Orth et al. (1999) in an attempt to get
SAV established in an area that we have been told (and as indicated on the DMC SAV survey) does not
currently have plant growth.

The HOA is greatly interested in working with the reviewing agencies to achieve the best possible
scenario for the environment while restoring our boating access to the original conditions when the docks
were permitted in 2003. We are willing to invest to some extent in practices or mitigation that make
sense and are not superfluous or unproven. We are also willing to sit down and talk with you and the
other reviewing agencies to look for solutions that satisfy both our needs. Thank you.
Sincerely,
Michael Mac, Todd Skeen,
Waters Edge Homeowners Association
References: Orth, R.J., M.C. Harwell, and J.R. Fishman. (1999) A rapid and simple method for
transplanting eelgrass using single unanchored shoots. Aquatic Botany, 64, 77-85.