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Home My WebLink About20230797 Ver 1_More Info Requested_20240520DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-7lA65275408F ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 20, 2024 DWR #20230797 Carteret County Carteret County Attn: Eugene Foxworth 210 Turner Street Beaufort, NC 28516 Delivered via email to: eugene.foxworth@carteretcountync.gov Subject: 241 Morada Bay Drive - Newport - Bogue Sound Western Carteret County Boat Launch 4th REQUEST FOR MORE INFORMATION Dear Mr. Foxworth: On June 5, 2023, the Division of Water Resources (DWR) received your CAMA major development permit application and associated documents to allow for impacts associated with the construction of a public boat launch facility including entrance channel and high ground basin excavation, associated ramp access, shoreline stabilization and upland amenities adjacent to Bogue Sound Outstanding Resource Waters Area (SA; ORW). The application also included an experimental primary seagrass mitigation proposal. The Division of Water Resources sent an initial request for additional information on August 3, 2023, and an additional request for additional information on February 16, 2024. DWR received an incomplete response to the request of February 16, 2024, from Carteret County on March 15, 2024. The Division of Water Resources continues to have outstanding concerns, not detailed in the response(s) received, therefore, the project remains on hold until all the information has been received by our office. The information necessary to complete the review is detailed within this letter and summarized below: 1. Ownership of spoil island a. DWR has not received documentation from the landowner agreeing to the use of the private lands as an approved permittee responsible mitigation site for this North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-71A65275408F Western Carteret County Boat Launch DWR #20230797 Request for Additional Information Page 2 of 6 project. Without documentation from the property owner granting permission to conduct the mitigation on the site, documentation acknowledging the proposed permittee responsible mitigation plan, and the use as a mitigation site in perpetuity. DWR acknowledges the mitigation plan was modified to address this concern. However, DWR still has concerns regarding the ability of the County to conduct mitigation on privately owned lands and is therefore requesting that resolution of the ownership issue be addressed, and results provided to DWR. 2. Modeling and flushing analysis information a. DWR received a document on May 8, 2024, stating that Moffatt & Nichol (M&N) has developed a modeling plan that "aligns with the previous approach as well as with the DWR guidance document". DWR Modeling and Assessment Branch staff have reviewed the plan and have concerns that the plan fails to address dissolved oxygen as requested. The role of the Modeling and Assessment Branch is to review the proposed model for the sole purpose of protecting the dissolved oxygen standard. Discussions held on May 20, 2024, indicate an EPA approved model will be implemented for dissolved oxygen. As discussed in the guidance document, the modeling plan should be agreed upon by DWR prior to proceeding with the development of a model to ensure that the resulting model meets the needs of the project. The DO model should be included in the modeling plan document. Following the completion of the model, the modeling files and final report will need to be submitted to DWR for review. The applicant at a minimum should provide a response to each comment made in the RFAI letter and/or point DWR to the section in their modeling report that addresses the comments in the letter. 3. Due to the unique nature of the permittee responsible mitigation (PRM) proposed for this project, DWR feels that the discussion of credit ratio is confusing and unnecessary. The 7.1:1 mitigation ratio described for this project is calculated using an independent methodology that does not align with how other mitigation credit ratios are determined, D � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA n—p .mmEnNm.m.nfnlq.a\ J� 919.707.9000 DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-71A65275408F Western Carteret County Boat Launch DWR #20230797 Request for Additional Information Page 3 of 6 making it difficult to compare, and misleading to those who are unfamiliar with this process. This credit ratio takes into account the poor quality of the impact area in comparison with the higher quality of the reference. This creates an inflated credit ratio above the direct acreage comparison which is approximately 3:1. In general, the low quality of an impacted area is not taken into account when determining the amount of mitigation required. Additionally, the performance criteria detailed in the mitigation plan proposes direct replacement of lost sea grass, and therefore does not tie the success of the project to the potential 7.1:1 described, which is based on the best possible outcome (equivalent to the reference area). The performance standards of a mitigation project should not be set to the level of a low -quality impact area, but instead should aim to recreate an appropriate reference area. Therefore, DWR recommends adjustments to both the performance standards and monitoring requirements to better capture the success of this project in its ability to restore the sea grass to the reference condition. In a 2023 guidance document from the EPA titled "A Review of Compensatory Mitigation in Estuarine and Marine Habitats" there are a number of recommendations on monitoring and performance standards for seagrass mitigation projects. The most common performance standards for these projects were based on percent cover, shoot density, and sometimes canopy height as compared with the reference. Because mitigation aims to offset impacts in perpetuity, DWR rejects the temporal nature of the proposed performance standards described in this plan and requests that performance standards and associated monitoring requirements be updated to be more in line with the recommendations detailed by the EPA. Specific credit ratios are not required for PRM projects as long as the permitting agencies agree that the proposed mitigation will appropriately offset the impacts of the �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 0_p Mo Emimnmen quay DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-71A65275408F Western Carteret County Boat Launch DWR #20230797 Request for Additional Information Page 4 of 6 development. Although the mitigation plan for this project is somewhat experimental, due to the rare nature of this mitigation type, DWR will allow the selected primary mitigation site to be used to offset impacts associated with the proposed boat ramp, assuming a consensus can be reached regarding appropriate performance standards and monitoring requirements. 4. DWR requires the monitoring reports be submitted annually to the permitting agencies for review. This is standard practice for all mitigation projects. Adaptive management is a process that occurs throughout the lifespan of a mitigation site and should not begin at the conclusion of the monitoring timeframe. Please note that if performance standards are not met additional actions may be required. If impacts have not been appropriately offset at the end of the 5 years, the monitoring period may be extended, or additional mitigation may be required to offset remaining impacts. Further discussion on strategies to improve success in the event that performance criteria are not being met is still recommended and is to the benefit of the applicant. 5. Standard depth for the basin and access channel is 4' MLW, yet a 7.20' MLW is being proposed. DWR and additional agencies still have concerns about this depth. DWR understands that you have made comments on this request from DWR multiple times, but DWR doesn't find the comments justifiable. DWR requests that the mean high-water line is drawn accurately on the most updated versions of the plan drawings. a. Final comments from DMF and WRC have not been received. 6. For all additional information requests that were answered by directing readers to a previous version of submitted material, please provide additional information as requested. These questions were proposed because adequate information was not provided in the original document and more information was needed by the resource agencies in order to review the application. These responses did not adequately provide additional information as requested and are currently viewed as outstanding requests for information. �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 0_p Mo Emimnmen quay DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-71A65275408F Western Carteret County Boat Launch DWR #20230797 Request for Additional Information Page 5 of 6 Pursuant to 15A NCAC 02H. 0506(b) " a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state' s antidegradation policy, as defined in rules of 15A NCAC 02B. 0200... In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;" The applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 5 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.deg.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 5 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial 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 Section 401 of the Clean Water Act 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 Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you have any questions or concerns. Sincerely, EsDocuSigned by: ftf�t✓ 1�6SS 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 034715BC-OF67-4AA9-9ABC-71A65275408F Western Carteret County Boat Launch DWR #20230797 Request for Additional Information Page 6 of 6 Electronic cc: Greg Bodnar, DCM Morehead City Office — EC Ryan Davenport, Carteret County Shore Protection Office — EC Braxton Davis, N.C. Coastal Federation — EC Todd Miller, N.C. Coastal Federation — EC Heather Styron, DCM Morehead City Office — EC Sarah Hair, USACE Wilmington Regulatory Field Office — EC Tom Charles, USACE Carteret County Regulatory Field Office — EC Maria Dunn, WRC — EC Jimmy Harrison, DMF — EC Doug Huggett, Moffatt and Nichol (consultant) — EC Mark Pirrello, Moffatt and Nichol (consultant) — EC DWR 401 & Buffer Permitting Branch file - LF WiRO files Filename: 20230797 Carteret Co Boat Launch — Add Info Letter.docx REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly