20230797 Ver 1_More Info Requested_20240903

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

September 3, 2024

DWR #20230797
Carteret County

Carteret County
Attn: Eugene Foxworth
210 Turner Street
Beaufort, NC 28516

Delivered via email to: [e-mail]

Subject: 241 Morada Bay Drive - Newport - Bogue Sound
Western Carteret County Boat Launch
REQUEST FOR MORE INFORMATION – MITIGATION AND MONITORING

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. As of the issuance date of WQC006421
(DWR #20240797 401 Certification), the Mitigation and Monitoring Plan is not approved.

Any land disturbance associated with the 401 Certification cannot occur until t he permittee
receives the Division’s approval for the Mitigation and Monitoring Plan. The construction of the
mitigation project must be started prior to disrupting SAV. The information necessary to
continue the review of the Mitigation and Monitoring Plan is detailed within this letter and
summarized below:
1) Species diversity is described in the plan as a benefit of the mitigation proposal, thereby
indicating that obtaining vegetation density and diversity on par with the reference area
must be an important consideration for success. The applicant must provide clear success
criteria for seagrass density and diversity similar to reference conditions in the updated
mitigation plan.
Docusign Envelope ID: 7A3D3BF9-EB64-405A-8ED3-3F30F844DAF5

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Western Carteret County Boat Launch
DWR #20230797
Request for Additional Information – Mitigation and Monitoring Plan
Page 2 of 4

2) DWR recognizes that the applicant has a section of the “Conceptual Compensatory
Mitigation Plan for Submerged Aquatic Vegetation Impacts” listed as “Monitoring and
Success Criteria”. DWR requests the following to be updated in this plan:
a) Annual monitoring reports shall be sent to the DWR 401 & Buffer Permitting Group
located in the Central Office (512 N. Salisbury St., Raleigh, NC 27604, Archdale Building -
9th floor).
b) If the success criteria are not met during the 5-year period, DWR will consider allowing
extended monitoring for up to 4 additional years if the performance standards are not
met. During this time period, annual reports will need to be submitted to DWR. A
discussion about extended monitoring can be initiated either by the applicant or by
DWR. Please update the mitigation plan to include these details.
c) If the success criteria are not met during the 5 year monitoring period, DWR will
consider an adaptive management action plan. A discussion about adaptive
management can be initiated either by the applicant or by DWR.
3) DWR recognizes that a “no-wake” zone has been proposed within the proposed mitigation
area. Per 15A NCAC 02B .0225(c)(2) DWR requires that a “no-wake” zone is established
within the mitigation area to protect the outstanding resource value waters (ORW). Please
include confirmation/documentation that the no-wake zone has been implemented in the
Year 1 monitoring report.
4) DWR has the following questions about the proposed mitigation area:
a) Since erosion of the proposed mitigation area is the main reason this area is in need of
restoration, does the applicant have concerns about future erosion in the proposed
mitigation area if the proposed barrier isn’t successful? If so, what additional steps could
be taken if erosion of the proposed mitigation area occurred? This is shown in Figure 1
of the updated “Conceptual Compensatory Mitigation Plan for Submerged Aquatic
Vegetation Impacts”.
b) Is there concern about increased boat traffic around the mitigation site? If so, how
might that affect the project?

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)
Docusign Envelope ID: 7A3D3BF9-EB64-405A-8ED3-3F30F844DAF5

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Western Carteret County Boat Launch
DWR #20230797
Request for Additional Information – Mitigation and Monitoring Plan
Page 3 of 4

would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards; provides for replacement of existing uses
through compensatory mitigation as described in Paragraph (c) of this Rule;" A conditional
certification was issued by DWR on June 4, 2024, which required that a Mitigation and
Monitoring Plan be reviewed and approved by the Division in order to ensure compliance with
15A NCAC 02H .0506(b).

The Division is requiring that the above listed items/information be provided within 30 calendar
days of receipt of this letter. Per Condition 1 in WQC006421 , “The Division has received and
reviewed a preliminary Mitigation and Monitoring Plan for submerge d aquatic vegetation (SAV)
impacts for the Western Carteret County Boat Ramp Project. As of the issuance of this 401
Certification, the Mitigation and Monitoring Plan is not approved by the Division .” The
Mitigation and Monitoring plan must be approved prior to any land disturbance.

Please be aware that your conditional authorization under Section 401 of the Clean Water Act
for this activity is not valid until the Mitigation and Monitoring Plan is approved by DWR 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 [phone] or [e-mail] if you
have any questions or concerns.

Sincerely,

Stephanie Goss, Supervisor
401 & Buffer Permitting Branch

Electronic cc: Douglas Huggett, Moffatt and Nichol ([e-mail])
Mark Pirrello, Moffatt and Nichol ([e-mail])
Ryan Davenport, Carteret County Shore Protection Office
([e-mail])
Braxton Davis, N.C. Coastal Federation ([e-mail])
Tancred Miller, DCM Morehead City Office ([e-mail])
Liz Hair, USACE ([e-mail])
Maria Dunn, NCWRC ([e-mail])
Brian Rubino ([e-mail])
Jud Kenworthy ([e-mail])
DWR 401 & Buffer Permitting Branch Electronic file
Docusign Envelope ID: 7A3D3BF9-EB64-405A-8ED3-3F30F844DAF5

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Western Carteret County Boat Launch
DWR #20230797
Request for Additional Information – Mitigation and Monitoring Plan
Page 4 of 4

Filename: 20230797 Carteret Co Boat Launch – Mitigation and Monitoring Add Info –
September 3.docx

Docusign Envelope ID: 7A3D3BF9-EB64-405A-8ED3-3F30F844DAF5