20170555 Ver 1_DMF Comments_20170519

• ROY COOPER
RECEnfel) Governor
4N 0 1(lYi MICHAEL S. REGAN
- Secretary
©CPR-Flehorioe
WARo BRAXTON C. DAVIS
Director
uT xkrAC6y1T1W11100I
TO: Mr. Shane Staples
Division of Coastal Management
943 Washington Sq. Mall
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 07 April 2017
SUBJECT: CAMA Application Review
APPLICANT: NC Institute of Marine Sciences
PROJECT LOCATION: Adjacent to Hatteras Island and Sandy Bay, Pamlico Sound, Dare County
PROPOSED PROJECT: The applicant proposes to conduct research on the effects of aquaculture on submerged
aquatic vegetation by replicating traditional shellfish aquaculture using bottom cages and floating bags.
Please indicate below your position or viewpoint on the proposed project and return this form by 27 April 2017.
Please contact Jonathan Howell at 252-948-3851, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed. pw Lr ,rv�
y..
Go nc v' r
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
S u:e o.`\aln Cudfna Emirormera: Q:iiw Cana; \lar�b+*�+en:
9ai R'a�h±ri�or.$9'=>rt \(aif ll'aihini�on \C :'SSY
.5.9x66aS:

Coastal Management
BNVIRQNMEN`TAL QUALITY
MEMORANDUM:
TO: Gregg Bodnar, Assistant Major Permits Coordinator
FROM: Shane Staples, DCM Fisheries Resource Specialist
SUBJECT: NC IMS Aquaculture effects on Seagrass
DATE: 4/24/17
ROY COOPER
4oYemor
MICHAEL S. REGAN
seQauuy
BRAXTON C. DAVIS
Director
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 is
proposing a University backed research project to study the effects of two types of oyster aquaculture on
seagrass. The project located in Sandy Bay near Hatteras, NC will consist of stacked bottom cages and
floating bag methods replicating a small-scale shellfish operation.
Due to the small scale and research nature of the activity this office does not have great concerns for
project to negatively affect seagrass beds in the project area. However, there are still concerns about
access of the site with outboard powered vessel through areas of SAV beds and the potential for marine
debris. The applicant should have a plan in place to clean up the material should they become dislodged
and potentially a plan to move or reinforce the anchoring should a tropical storm be forecast to cross the
area. To reduce the potential prop -kick impacts accessing the site the applicant should use the same route
each time accessing the site when possible.
Contact Shane Staples at [phone] or [e-mail] with further questions or
concerns:,
6
State ofNorth.Carolina I. Environmental Quality 1 Coastal Management
Washington Office 1943 Washington Square Mai I Washington, North Carolina 27889
252946.6481

Strickland, Bev
From: Staples, Shane
Sent: Friday, May 19, 2017 10:23 AM
To: Dunn, Maria T.
Cc: Scarbraugh, Anthony
Subject: RE: Fortesque
Attachments: Frank Fortescue (Tooley Farm Drainage).docx
Comments attached
Shane F. Staples
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 948 3950 office
shane.staplesa-ncdenr.gov
943 Washington Square Mall
Washington, NC 27817
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Dunn, Maria T.
Sent: Friday, May 19, 2017 10:15 AM
To: Staples, Shane <[e-mail]>
Subject: Fortesque
Could you forward to me your comments? They don't have to be the final. Thanks.
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: [phone]
www.ncwiIdlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
1

Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM:
TO: Gregg Bodnar, Assistant Major Permits Coordinator
FROM: Shane Staples, DCM Fisheries Resource Specialist
SUBJECT: Frank Foretescue (Tooley Farm Drainage)
DATE: 5/19/17
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
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 proposed project
is to dredge the previously channelized headwaters of Smith Creek, a tributary to the Pungo River, and
place the spoil parallel to the channelized stream resulting in 20,448 square feet of wetland fill. The
channelized stream is two parallel channels split by a spoil berm created when the original dredge event
occurred several decades ago. The proposed dredge and fill project is in the southern channel measuring
20' wide and 1,480' in length with depths ranging from 0.4' to 2.4'. Some small remnants of a spoil bank
are present in the area proposed to be filled but it has subsided and the area is dominated by coastal
wetlands as well as freshwater wetland species. The channelized stream is currently blocked by many
dead trees and alligator weed, a problem last addressed in 2012 after hurricane Irene. Dead trees continue
to be a problem due to inundation and high soil salinities. The canals drain approximately 175 acres of
farmland.
The project proposes to excavate the southern channel to a depth of -2' at NLW for the project length and
place the spoil on the banks adjacent to the canal in spoil piles 18' wide x 100' in length with 10' gaps
between each spoil pile. This will create a spoil bank or road with 10' breaks for the full 1,480' of the
project. The impacts of the project will include 26,640 square feet of dredge area and fill of 16,668 square
feet of coastal wetlands and 3,780 square feet of transitional 404 wetlands. No mitigation is proposed.
This project will significantly negatively impact habitat and wetlands critical to fisheries habitat in the
area. Therefore, this office objects to the project as proposed. The fill of nearly half an acre of wetlands
adjacent to this channelized headwater of Smith Creek could negatively impact water quality downstream
in the main stem of the creek. The relatively small breaks proposed in a very long spoil bank are likely to
significantly impact the hydrology of wetlands reducing their function and quality. The impacts to the
wetlands in the headwaters could reduce the water quality downstream in Smith Creek which supports a
great deal of submerged aquatic vegetation (SAV) which in turn provides habitat for blue crabs, speckled
trout, croaker, spot, and shrimp during all life stages.
The applicant has not demonstrated that excavation of the channelized stream will result in better
drainage for the 175 acres of land most of which sits below 2' in elevation. Only a portion of the land is
drained through the southern channel and another portion drains to a ditch along Puddin' Hill Road before
State of North Carolina I Environmental Quality I Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252 946 6481

entering the northern channel of Smith Creek. The farmland already has tide gates as well as pumps to
move water from the land, thus indicating gravity drainage is an issue that may not be fixed by deeper
canals. The applicant has made no effort to clear the canal via snagging trees and debris from the canal
since 2012. Deeper excavation alone will not address the alligator weed that has intruded the system
which is likely slowing the flow of water and trapping sediment, exacerbating the slow flow of water.
Finally, the natural state of the area may not lend itself to being "well drained" due to the very low
elevation relative to sea level. The wind driven tide in the area normally only ranges a few inches but can
move up to a foot or more depending on wind direction and velocity. During a high water event the water
may not drain no matter the depths of the canals. The project could also have the unintended consequence
of allowing salt water to have a more direct path to the farmed lands leading to crop damages.
Of particular concern with this project is the potential precedent to fill large portions of coastal wetlands
to drain farmlands, which may be marginal to start. In many eastern North Carolina counties, there are a
great deal of coastal and non -coastal wetlands that border the headwaters of streams that were
channelized decades ago before habitat protections were considered. These streams and canals along with
the bordering wetlands are still critical habitat to fisheries resources and critical to healthy waters in the
Pamlico Sound. Allowing this type of development which not only directly fills a large area of wetlands
but is also likely to significantly degrade the wetland habitat in the entire area by reducing hydraulic
connectivity could lead to significantly reduced habitat availability and water quality in the Sounds of
North Carolina. Just this spring many thousands more acres of open water were closed to shellfish
harvesting. The State North Carolina is advocating sustainable fisheries such oyster aquaculture which
requires clean waters and projects such as this threaten the quality of habitat and water.
Specifically, this office objects to the fill of 16,668 square feet of coastal wetlands and 3,780 square feet
of transitional 404 wetlands along the channelized headwaters of Smith Creek. If an area of high ground
were used as a spoil placement site, the objection would be withdrawn. In the interest of avoiding and
reducing impacts applicant should first take actions that have minimal negative environmental impact
such as clearing and snagging the canal as well as treating the alligator weed for which state programs
currently exist.
Contact Shane Staples at [phone] or [e-mail] with further questions or
concerns.
State of North Carolina I Environmental Quality I Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252 946 6481