20200057 Ver 1_More Info Requested_20200206

Docusign Envelope ID: CA9AC5AA-7DED-4683 A42C E4CF4F6E16E^
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 5, 2020
DWR Project #2020-0057
Carteret County
Carteret County
Attn.: Tommy Burns and Greg Rudolph
320 Courthouse Square
Beaufort, NC 28516
Subject Property: Atlantic Harbor Maintenance Excavation & Living Shoreline
Atlantic- Carteret County
REQUEST FOR MORE INFORMATION
Dear Messrs. Burns and Rudolph:
On January 9, 2020, the Division of Water Resources (DWR) received your CAMA Major Development permit
application dated September 5, 2018 to allow for maintenance excavation of an existing boat basin and access
channel, and proposed marsh restoration and a living shoreline along White Point. The Division has additional
questions about the proposed work and has determined that additional information is necessary to process your
application. The application is on -hold until all of the following information is received:
Additional Information Requested
Mr. Curt Weychert, and Ms. Valerie Wunderly of the North Carolina Division of Marine Fisheries (DMF) sent
individual memos on January 28 and 29, 2020 (see attached) outlining concerns with the placement of approximately
300 cubic yards of excavated material from Atlantic Harbor basin and access channel to Core Sound, which is
proposed to be used as backfill below the mean high water (MHW) associated with the living shoreline along White
Point. These concerns were based on the chemical analysis of the sediment cores from the proposed dredge limits
within Atlantic Harbor, which indicates the presence of metals and semi -volatile compounds that exceed both the US
Environmental Protection Agency (EPA) and National Ocean and Atmospheric Administration (NOAA) screening
values. Based on comments from the DMF Shellfish Sanitation & Recreational Water Quality Section, Core Sound
(SA;ORW) to the east and south of White Point are Approved shell -fishing waters. The Division of Water Resources
believes, this proposal would have impacts to shellfishing waters, and would remove a use and degrade the waters,
resulting in violation of the following Water Quality Standards:
15A NCAC 02B .0201 ANTIDEGRADATION POLICY
(0 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 (c)(1)-(5) in determining the potential
impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H .0231.
D �� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NCRTH CAHO�INh �
D.mrt --1 0 W—'a' Qwoq 910.796.7215

DocuSign Envelope ID: CA9AC5AA-7DED-4683-A42C-E4CF4F6E16ED
15A NCAC 026.0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
(1) Best usage of waters. Aquatic life propagation and maintenance of biological integrity (including
fishing and functioning PNAs), wildlife, secondary recreation, and any other usage except primary
recreation or shellfishing for marketing purposes.
(2) Conditions Related to Best Usage. The waters shall meet the current sanitary and bacteriological
standards as adopted by the Commission for Health Services and shall be suitable for shellfish
culture; any source of water pollution which precludes any of these uses, including their functioning
as PNAs, on either a short-term or long-term basis shall be considered to be violating a water
quality standard.
Please contact Anne Deaton of DMF at [phone] or [e-mail] and Valerie Wunderly at (252)
808-8147 or Valerie.Wunderlv(@ncdenr.gov to try and resolve this issue or revise the application to address these
concerns with the proposed backfill associated with the living shoreline component. If these issues are not resolved,
DWR will have to move to deny your application as required by 15A NCAC 2H .0506. If these concerns are addressed
to the satisfaction of the DMF, the DWR will have no objection.
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. If all of the requested information is not received in writing 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 respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the
above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Please contact Robb Mairs at 910.796.7303 or Robb. Mairs(o)ncdenr.gov or myself at 910.796.7218 or
Morelia.Sanchez-King(@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
E
6"
.
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: DMF MEMOS
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
Ann Deaton, NCDMF (via email)
Valerie Wunderly, NCDMF Shellfish Sanitation & Recreational Water Quality
Robert Neal, Moffatt & Nichol (via email)
DWR 401 & Buffer Permitting Branch file-LF
WiRO