20090962 Ver 1_More Info Letter_20101228

ATXV'W?,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 28, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7009 2250 0000 9252 5037
Far Creek, LLC.
Attn: Glenn Futrell
One Sail Fish Drive
Manteo, NC 27954
DWQ Project # 09-0962
Hyde County
Subject Property: 401-Certification Request
269 Goshen Road, Engelhard Seafood
Tar-Pamlico Basin, Far Creek, 030308 29-70-(2)
NOTIFICATION OF INTENT TO DENY 401-CERTIFICATION REQUEST
Dear Mr. Futrell:
On September 2, 2009, the Division of Water Quality (DWQ) received your application dated
August 11, 2009, to impact 479 square feet of coastal wetlands, 52,000 square feet of uplands and
75,000 square feet of uplands for spoil disposal to create an upland basin for 58 boat slips and
additional infrastructure as described in your application. On September 25, 2009, the DWQ
issued a letter after determining that your application was incomplete and/or provided inaccurate
information as discussed below. The items of additional information were: (1.) a three
dimensional flushing model and Dissolved Oxygen (DO) model with the proposed water quality
data sampling points to be used in the model approved before the data is collected. (2.) Buffer
restoration plan be submitted for the proposed marina expansion and the applicant must apply for
an Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules. (3.) Indicate all
impervious surfaces that are proposed to be constructed on the site plan and how stormwater will
be managed from the proposed impervious surface with specific details indicating points of
diffuse flow through the riparian buffer.
On October 23, 2009, John Robbins (agent of Far Creek, LLC), Roberto Scheller and Anthony
Scarbraugh of DWQ Washington Regional Office (WaRO) held a teleconference to address
questions raised by Mr. Robbins concerning the additional information request. During the
conversation, Mr. Scarbraugh stated that Mr. Robbins would need to formally request, an
extension to address the additional information request. On November 9, 2009, the DWQ
North Carolina Division of Water Quality Internet: www.ncwatergnality.ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Naturally
received an e-mail from Mr. John Robbins with an attached response to the additional
information request. Within the response, Mr. Robbins stated that a 2-dimensional hydrodynamic
model known as TABS would be utilized to simulate the hydrodynamic conditions and water
quality modeling for the proposed upland basin at the site. Mr. Robbins's response further stated
that the TABS model was utilized to simulate the hydrodynamic conditions and water quality
modeling of the proposed Skyco development project (DWQ Project No. 2006-1909). Mr.
Robbins's response further addressed issues associated with the required buffer restoration plan
and the requested revisions to the site maps to indicate area of impervious surfaces. In Mr.
Robbins's response, he acknowledged it as incomplete and proposed to make the necessary
revision immediately.
When no additional information was added to the November 9, 2009 response, DWQ reviewed
the existing package. On December 18, 2009, DWQ issued a second additional information
request restating Items # 1-3 of the previous request from September 25, 2009.
On February 26, 2010, the DWQ received a response to the additional information request. Mr.
John Robbins indicated that Far Creek, LLC has hired Peter Thibodeau of AECOM to conduct a
hydrodynamic model with a scheduled completion of April 1, 2010. Within the same response
from February 26, 2010, Mr. Brian Rubino of Quible and Associates, P.C. (Quible) presented a
response and updates to existing site plan to address items #2 and #3 of the previous additional
information requests. On March 1, 2010, the DWQ issued a third additional information request
after determining the application was incomplete. Within the request, the DWQ restated Items #1
3 of the previous requests.
A teleconference was held on March 15, 2010 to discuss the two types of models required. In
attendants were Anthony Scarbraugh, Roberto Scheller, Brian Rubino, John Robbins and Peter
Thibodeau. It was agreed upon by all parties that a two-dimensional model accompanied with
local water quality data would be acceptable in lieu of a three-dimensional model and DO model.
On March 24, 2010, Mr. Rubino submitted five proposed DO sampling locations and the required
sampling protocol via e-mail for approval to the DWQ. On March 24, 2010, the DWQ approved
the sampling method and locations. DWQ felt it appropriate to require daily records of the
equipment calibration be maintained and submitted at the conclusion of the monitoring period.
The DWQ also required that the two-dimensional hydrodynamic model be signed and sealed by a
professional engineer prior to submittal.
On April 5, 2010, the DWQ received a submittal extension request from Mr. Brian Rubino.
Within the request, Mr. Rubino stated that the analysis associated with the hydrodynamic flushing
model would not be completed until the beginning of June. Therefore, Mr. Rubino requested the
submittal deadline by extended from April 15, 2010 to June 15, 2010. On April 7, 2010, the
DWQ approved a request by Mr. Rubino to extend the submission deadline for the two-
dimensional hydrodynamic model, buffer restoration plan and updated site plan from April 15,
2010 to June 15, 2010. The additional information time extension approval further required that
a DO sampling data narrative from AECOM's report be submitted by October 15, 2010.
On June 15, 2010, the DWQ received the two-dimensional hydrodynamic model, buffer
restoration plan and updated site plan. The two-dimensional model was not signed by a
professional engineer; this deficiency was brought to the applicant's attention. On July 6, 2010,
the DWQ received the results of the two-dimensional hydrodynamic model with the required
professional engineer approval. On October 13, 2010, the DWQ approved an additional due date
extension for the local water quality data to November 5, 2010. It was asserted by the applicant
the additional time was needed to analyze the results. On November 5, 2010, the DWQ received
the results and analysis of the DO study completed at Far Creek.
Upon review of your responses it is our position that this project as proposed does not protect
water quality standards or meet the requirements set forth in 15A NCAC 02B .0259. If you have
any additional information on the following issues for our consideration please submit such
within 30-days of receipt of this letter.
Points of Concern:
1.The hydrodynamic model using non-typical wind and stream flows favorable to flushing
show less than 100% flushing over a 28-day period. The local water quality data shows
that the existing water quality that would be used to flush the proposed upland basin is
presently not meeting water quality standards for dissolved oxygen. Therefore, the
proposed upland basin would further impair the existing water quality conditions in Far
Creek.
2. The application of mulch in Zone 1 of the riparian buffer for weed control is not
consistent withl5A NCAC 02B .0259.
3. There remains issues of maintaining diffuse flow in regard to the marina access
walkways and access drive as required by with l5A NCAC 02B .0259.
If we do not hear from you within 30 days, we will assume that you no longer want to pursue this
project and we will. consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please call Anthony Scarbraugh of the Washington Regional Office
at 252-948-3924, Ian McMillan of the DWQ Central Office at 919-807-6364 or myself if you
have any questions.
Sincerely, 1
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: ?DWQ 4010versight/Express Permitting Unit
Raleigh Bland, USACE Washington Regulatory Field Office
File Copy
CAMA WaRO, Steve Trowell, WaRO
CAMA Morehead City, Doug Huggett
Brian Rubino, Quible and Associates, P.C.
P.O. Drawer 870, Kitty Hawk, NC 27949
Filename: 09-0962