20181527 Ver 1_DMF Comments_20180107

Strickland, Bev
From: Spears, Courtney
Sent: Monday, January 07, 2019 2:25 PM
To: Mairs, Robb L
Subject: FW: Lea Marina Comments
Attachments: Lea Marina Comments DMF.pdf
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Spears, Courtney
Sent: Monday, January 07, 2019 2:07 PM
To: 'Morrison, Stephen' <[e-mail]>
Subject: Lea Marina Comments
Please see attached comments from DMF.
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spearsa-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
Mar 7, 2919
FROM Ged►lney Spears, Assistant Major @ermiis Ceordinater
NCDEQ = Divislen of Coastal Management
127 WOW 9rive Ext., Wilmington, NO 23495
Pax. 919=399=3®®-4 (Courier 0446-38)
couttnbY 90atsOncdegr anv
OUBJECT; LAMA /Broago 6, Fill Applicslion Review
Applicant, Logan @ev,r Ino, / Shoals of Lea's Waterfront
Project Location; end of Faetory Rd., adjacent to Topsail Sound 3 AIiNW. in Hampstead, Ponder Co.
Proposed Project! development of a now residential subdivision and aasociated Ygland marina basin
Pleasa indicate below your agency's position Of viewpoint on the Proposed project and
r to n thls farm ro eouane� ai the address abov@ pY November S0, A098, !f you
have any gcesnons regarding the proposed project, comae, dawn Dail at (91 p) 795=7279
when appropriate, in depth comments with supp0Hing data is reguested
R! PLYs This ageney hes no objection to the project as proposed: —
`•Additional oommsnts may he attached'
Phis agency has no comment on the proposed prejcct:
This agency approves of ine project only if the recommended changes
are incorporated. ON attached:
This agency objects to the project for reasons described in the atteoned oommenis.
PRINT NAME 1
AGENCY �� 1
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DATE
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MEMORANDUM:
TO: Courtney Spears, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, DMF Fisheries Resource Specialistf(;lKJ/
THROUGH: Anne Deaton, DMF Habitat Assessment Coordinators
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
SUBJECT: Logan Dev., Inc. / Shoals at Lea's Waterfront, Pender County
DATE: November 15, 2018
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant is proposing to develop a 119 -lot subdivision of single family homes and an associated
upland marina basin within the waters of Topsail Sound, Pender County. Additionally, the applicant
is proposing to install new bulkhead areas along the shoreline of the project and perform dredging
along a residential shoreline in addition to the upland marina. The project is in waters classified as
SA -outstanding resource waters (ORW) by the Division of Water Resources and are open to the
harvest of shellfish. This area is not designated as a primary nursery area (PNA) by the DMF,
however, it likely functions as such. The project proposes to dredge 1,769 square feet of coastal
wetlands and 16,573 square feet of §404 wetlands. The project will dredge 127,400 square feet of
open water, and 97,000 square feet associated with the upland basin. The end result of the
proposed project will incorporate 32,700 square feet of public trust waters.
The DMF conducted a site visit on November 14, 2018 and was able to verify the presence of
shellfish resources near the dredge footprint of proposed lots 41-49. Large oyster reefs were
present in 4 different locations near the proposed dredge area and the developed shoreline had
some coastal wetlands with the substrate marked by intertidal oysters. Shell bottom is an
extremely productive self -building three-dimensional habitat that can be impacted long term
through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very
limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront.
The presence of live shellfish that historically or currently survive due to favorable conditions is
considered shellfish habitat.
Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ
2015). Coastal wetlands are a productive detritus --based system that trap nutrients, toxins and
sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to
flood damage, and provide nursery functions and support fish production. Recent research
indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion
control (Whaley and Minello 2002; MacRae and Cowan 2010; Minello et al. 2011; Gewant and
Bollens 2012). An estimated 95% of commercial finfish and shellfish species in the US are wetland
dependent (Feierabend and Zelany 1987). Species common to coastal wetlands include
Nothing Compares_
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp;
with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent
habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with
coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting
activities.
Proposed lots 41-49 and the Associated Dredee Area:
There was a scoping meeting held on July 27, 2018 and dredging of the channel along proposed lots
41-49 was not discussed. There was only one mention of it in the narrative of the scoping meeting
documents. Because of the habitat diversity, function, and nearby impacts associated with this
project, the DMF objects to dredging the shallow waters along the proposed lots 41-49 due to
significant adverse impacts to fish habitat resources, and requests that DCM not permit these
proposed actions. If dredging is to be done through DCM permit or Coastal Resource Commission
(CRC) variance process, a shellfish survey will need to be completed to identify any potential
impacts which would affect the shellfish resources near the dredge footprint. There is also aerial
imagery indicating that submerged aquatic vegetation (SAV) is present in this area. The DMF would
also require that an SAV survey be conducted. The survey should be completed during the growing
season of April through October.
The DMF would also like to request that a deed restriction be placed on lots 41-49 which would
prevent the permitting of any water -dependent structures (observation platforms only). These
restrictions are an attempt to minimize the damages to fisheries habitats because of the proposed
development. Restricting boat access and dockage along this shoreline will not only remove the
need to dredge, but it will aid in preventing further impacts to the nearby fisheries resources.
Dredging, boat traffic, shading impacts, storm water runoff, and upland development in this area all
have the potential to negatively impact the habitat function; this deed restriction will aid in
minimizing overall impacts and avoiding additional impacts in this area specifically. While it is not
designated as a PNA, this area functions as one because of the combination of shallow soft bottom,
fringing coastal marsh and oysters as well as SAV and subtidal shell habitat. The position of
Fisheries Resource Specialist would defer to any additional deed restrictions suggested by DMF's
Shellfish Sanitation Section to prevent a closure of waters open to the harvest of shellfish.
Shoreline Stabilization:
The applicant is also proposing to install a bulkhead wing wall along lots 49 and 50. The shoreline
does not show signs of erosion based on historical imagery and site visit characteristics. The wing
wall bulkhead will be connected to a proposed bulkhead. The applicant stated at the scoping
meeting that efforts would be made to incorporate living shorelines to mitigate the impacts
associated with this project. The project area is protected by damaging wave and boat wake from
the Atlantic Intracoastal Waterway (AIWW) by marsh islands, and the relatively narrow waters of
the canals do not allow a large area of fetch to cause wind and wave damage. Many times, the
installation of a vertical structure landward of existing coastal wetlands will cause the loss of
wetland habitat due to wave refraction and scour. The particular area already has a combination of
coastal wetlands and shellfish protecting and consolidating the shoreline. While the applicant has
indicated that they will mitigate the impacts to coastal wetlands through mitigation, it is the
position of the DMF that minimization and avoidance should be implemented instead of mitigative
measures. Maintaining wetlands and other natural vegetation along the shoreline can reduce
stormwater runoff that can degrade water quality. The DMF would ask that the applicant
investigate and provide a non -vertical alternative such as a marsh toe revetment.
Nothing Compares
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557
252-726-7021

Marina Basin and Canal Area:
All dredge activities should follow established best management practices to prevent sedimentation
and erosion. The resuspension of sediment can create an increase in turbidity that larvae,
juveniles, and especially filter feeding species, can be acutely susceptible. An increase in
suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV,
and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO)
concentrations, making the potential for a DO crash from increased turbidity a major concern, even
if sediment booms are utilized. If the dredging of the access canal cannot be contained with a
turbidity curtain, DMF would request a moratorium on in -water work, to include dredging, from 1
April to 30 September, to reduce the negative effects on critical fish life history functions such as
spawning and juvenile rearing. This moratorium should remain in place in perpetuity for all
maintenance dredging that should occur. The DMF would request that any dredging related to the
"channel maintenance" leading to the AIWW to have a moratorium conditioned as well unless
turbidity curtains can be implemented.
In summary the division objects to the permit application, specifically the new dredging along the
open shoreline, unless the recommended changes are implemented.
Boswell, K.M., Wilson, M.P., MacRae, P.S., Wilson, C.A. and Cowan Jr, J.H., 2010. Seasonal estimates of
fish biomass and length distributions using acoustics and traditional nets to identify
estuarine habitat preferences in Barataria Bay, Louisiana. Marine and Coastal Fisheries, 2(1),
pp•83-97.
Feierabend, J.S. and Zelazny, J.M., 1987. Status report on our nation's wetlands. National Wildlife
Federation.
Gewant, D. and Bollens, S.M., 2012. Fish assemblages of interior tidal marsh channels in relation to
environmental variables in the upper San Francisco Estuary. Environmental biology of
fishes, 94(2), pp.483-499.
Minello, T.J., Rozas, L.P. and Baker, R., 2012. Geographic variability in salt marsh flooding patterns
may affect nursery value for fishery species. Estuaries and Coasts, 35(2), pp.501-514.
NCDEQ (North Carolina Department of Environmental Quality) 2016. North Carolina Coastal
Habitat Protection Plan Source Document. Morehead City, NC. Division of Marine Fisheries.
477 p.
Whaley, S.D. and Minello, T.J., 2002. The distribution of benthic infauna of a Texas salt marsh in
relation to the marsh edge. Wetlands, 22(4), pp.753-766.
Contact Curt Weychert at [phone] or Curt.Weychert(&ncdenr.gov with further questions or
concerns.
Nothing Compares_
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