20080216 Ver 1_More Info Letter_20080228

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o?0 Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
- North Carolina Department of Environment and Natural Resources
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(] ( Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2008
DWQ Project # 08 0216
Carteret County
CERTIFIED MAIL: 7007 0220 0000 8223 3574
RETURN RECEIPT REQUESTED
James Maynard
PO Box 29502
Raleigh, NC'27626
Subject Property: 1600 Front Street, Beaufort
Carteret County
REQUEST FOR MORE INFORMATION
Dear Mr. Maynard:
On January 31, 2008, the Division of Water Quality (DWQ) received your CAMA application dated
January 28, 2008 to dredge underneath existing slips. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this
project on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
Trish Murphey of the North Carolina Division of Marine Fisheries (DMF) sent out a memo (see attached)
that your proposed project would cause significant adverse impacts to the oysters identified by DMF.
This would be considered a degradation of waters, which would result in violations of the following
Water Quality Standard
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water
quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be
evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a water
quality certification pursuant to these procedures shall not be considered to remove existing uses. The
evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or
stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506©(1)-(5) in
determining the potential impact of the proposed activity on the existing uses of the wetland per 15A
NCAC 2H .0231.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Page Two
James Maynard
DWQ Project # 08 0216
February 28, 2008
Please contact Trish Murphey of DMF at 252.726.7021 to try and resolve this issue or revise the application
to remove a portion of the dredging area impacting the oysters. If this portion of the dredging is removed
from the proposed project, the DWQ will have no objection.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. If we do not
hear from you within three weeks, 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 be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910.796.7215 or Ian McMillan at
919.715.4631 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely, j
Joanne Steenhuis
Senior Environmental Specialist
Attachment
cc: Chuck Bissette - TD Eure Construction Co.
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Trish Murphey - DMF
Brad Connell - DCM Morehead Office
Doug Huggett - DCM Morehead Office
Central Files
WiRO
Memo
To: Doug Huggett
Major Permits Processing Coordinator
From: Patricia L. Murphey
Marine Biologist Supervisor
Thru: Mike Marshall
Central District Manager
Date: 2/25/2008
Re: 1600 Front Street, Beaufort, c/o James Maynard, Carteret County
North Carolina Division of Marine Fisheries (DMF) staff reviewed the permit application
and conducted a site visit on January 31, 2008. The applicant proposes new dredging of a 45' by
60' area to a depth of 3' under three existing boatlifts in Taylor's Creek. Taylor's Creek is
classified as SC by NC Division of Water Quality and shellfish harvest is prohibited. Spartina
marsh with an oyster fringe was observed in the project area. Oysters appear to be located in the
proposed dredge footprint, therefore DMF objects to this project as proposed because of significant
adverse impacts to the oysters. DMF recommends the proposed dredge footprint be reduced on the
landward side of the floating dock in order to eliminate these impacts. DMF also recommends a
buffer of 10 ft between the existing oysters and the dredge area in order to minimize any loss of
oysters due to sloughing of the dredge area. DMF also requests that a dredging moratorium from
April l to September 30th be observed. DMF will approve of the proposed project if recommended
changes are incorporated.