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HomeMy WebLinkAbout19890051 Ver 4_More Info Requested_20210914DocuSign Envelope ID: A982B104-0C75-405B-82B4-932CCO3DBE5D ROY COOPER. Governor JOHN NICHOLSON Interim Secretory S. DANIEL SMITH Director Town Of Carolina Beach ATTN: Bruce Oakley 1112 N. Lake Park Boulevard Carolina Beach, NC 28428 NORTH CAROLINA Environmental Quality September 14, 2021 DWR Project #19890051v4 New Hanover County Subject: REQUEST FOR ADDITIONAL INFORMATION Town of Carolina Beach Marina Renovation and Dredging Dear Mr. Oakley: On July 16, 2021, the Division of Water Resources - Water Quality Programs received your CAMA major development permit application dated April 21, 2021, requesting a 401 Individual Water Quality Certification from the Division for your project. Your request consists of a permit modification for the renovation Town of Carolina Beach marina basin including replacement and relocation of all fixed and floating docks, associated sidewalks and installation of a new bulkhead on the southern and eastern sides of the marina basin. The project also includes approximately 0.81 acres of excavation within the marina basin. The waters of the Carolina Beach Yacht basin are designated as SB by the Division of Water Resources. The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: 1. Avoidance and Minimization: The project proposes to excavate areas of the marina basin that are located within and outside of the existing federal channel location. The existing federal channel is authorized to a final depth of -8 feet NAD83 (-6 feet plus -2 feet of overdredge allowance). The project proposes to expand the dredge footprint outside of the federal channel and to increase the depth to -11 feet NAVD88. The DWR has concerns regarding purpose and need for expanded excavation. It is unclear if connecting depths downstream can support this depth without creating create hypoxic conditions at the terminus of the basin that could result in a significant adverse impact to the aquatic resources and a violation of water quality standards. NORTH Deperbnene of Enimmmenlal Walk North Carolina Department of Environmental Quality Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: A982B104-0C75-405B-82B4-932CCO3DBE5D Town Of Carolina Beach Marina Project DWR#19890051v4 Page 2 of 2 2. The method of excavation (hydraulic vs. mechanical) has not been disclosed nor has the proposed spoil disposal site. The DWR is concerned that pollutants may be present within the dredge spoil material. Constituents such as heavy metals, inorganic and organic volatile compounds could be released into surface waters through hydraulic and mechanical excavation of the soft bottom substrate. The release of these pollutants into the waters could result in a significant adverse impact to aquatic resources and in a violation of water quality standards. Please demonstrate how downstream waters will be protected. The DWR recommends, at a minimum, an initial evaluation of the dredge material as described in the EPA/USACE Evaluation of Dredged Material Proposed For Disposal at Island, Nearshore or Upland Confined Disposal Facilities. - Testing Manual be conducted. Depending on the results of the evaluation, a sediment sampling plan may be required. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699- 1617 OR by submitting all of the above requested information through this link: https://edocs.deq .nc.gov/ Forms/ Supplemental -Information -Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Water Quality Certification Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Holley Snider at 910-796-7215 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: w16Vt.LL Sa JJ 1J j4U& E3ABA14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) Kim Harding, NCDMF (via email) Gregg Bodnar, NCDCM Morehead City (via email) Paul Wojoski, NCDWR 401 and Buffer Permitting Branch Central Office (via email) Mark Weiss, Ardurra Group (via email) DWR WiRO 401 files (Laserfiche)