20091087 Ver 1_More Info Letter_20091118

NC©ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
November 18, 2009
CERTIFIED MAIL: 7008 1140 0002 9563 3124
RETURN RECEIPT REQUESTED
Core Creek Land Co., Inc.
Attn: Richard Collette
303 Island Drive
Beaufort, NC 28516
SUBJECT: Adams Creek Marina, Beaufort
DWQ Project # 09 1087
Dear Mr. Collette:
Carteret County
This Office has reviewed your CAMA application for impacts to wetlands and waters dated October 12,
2009 to construct a 10-slip docking facility, concrete bulkhead, kayak dock, transient fuel dock, boat
ramp, deck, gazebo and perform maintenance dredging. The Division of Water Quality (DWQ) has
determined that your application contain information that will cause a conflict with our rules as
discussed below. The DWQ will require a modification of your project in order to process your
application. Therefore, unless we receive the additional information requested below, we will have to
move towards 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:
The Shellfish Sanitation and Recreational Water Quality Section has indicated that the project as
proposed would permanently cause a closure to shellfish waters. The DWQ is concerned that your
proposed project would cause significant adverse impacts by the closing of these waters. The
permanent closing of the shellfish waters would be considered a degradation of waters, which would
result in violations of the following Water Quality Standard.
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(b) Existing uses, as defined by Rule .0202 of this Section, and the water quality to protect such uses
shall be protected by properly classifying surface waters and having standard sufficient to protect these
uses. In cases where the Commission or its designee determines that an existing use is not included in
the classification of waters, a project which shall affect these waters shall not be permitted unless the
existing uses are protected.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Plhcn,e: 910-796-7215 /FAX: [phone]
Internet: www.ncwaterguality.org
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Page Two
Core Creek Land Co., Inc.
Attn: Richard Collette
November 18, 2009
(d) The Commission shall consider the present and anticipated usage of High Quality Waters (HQW),
including any uses not specified by the assigned classification (such as outstanding national resource
waters or waters of exceptional water quality) and shall not allow degradation of High Quality Waters
below the water quality necessary to maintain existing and anticipated uses of those waters. High
Quality Waters are a subset of waters with quality higher than the standards and are as described by
15A NCAC n2B .01019e)(5). The procedures described in Rule .0224 of this Section shall be
implemented in order to meet the requirements of this part.
(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.
2. At a minimum, DWQ requires that deed notifications (or restrictive covenants if required by
the US Army Corps of Engineers) be recorded for the remaining jurisdictional 404/401
waters/wetlands. A sample deed notification can be found on the DWQ 401 Water Quality
Certification web site and the USACE language is found on their website. Please provide a
Draft copy that includes the proposed preservation language and wetland map that will be
recorded to accomplish this.
The DWQ proposes that you modify your project so that there will be no permanent closure of the
shellfish waters. If the project is modified and the additional issue addressed, the DWQ will have no
objection to the project.
Please respond within three weeks of the date of this letter by sending a copy of the information to Joarme
Steenhuis and to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, his phone
number is 919.733.1786. 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. If you have any questions, please feel free to
call me at 910 796.7306.
Sincerely,
?l?
Joanne Steenhuis
Senior Environmental Specialist
cc: Ron Cullipher - Stroud Engineering
Ian McMillan -Wetlands Unit/Raleigh
Maria Dunn - Wildlife Resources Commission
Dave Timpy - Corps of Engineers Wilmington
Doug Huggett - DCM Morehead
Brad Connell - DCM Morehead
Andrew Haines _ Shellfish Sanitation Morehead
WiRO