20080806 Ver 5_Combined WaRO-WiRO comments on Scoping Request_20200505

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
To:
Through:
From:
Subject:
Date:
NORTH CAROLINA
Environmental Quality
Emily Hughes, US Army Corps of Engineers, Wilmington District
Paul Wojoski, Supervisor — 401 & Buffer Permitting Branch, Division of Water Resources,
Department of Environmental Quality
Robb Mairs, Environmental Specialist II
Scoping — Environmental Assessment for USACE to Eliminate Environmental Windows for
Wilmington Harbor and Morehead City Federal Navigation Project, North Carolina
May 5, 2020
The following comments are in response to a request by the USACE for scoping comments regarding the elimination
of all environmental windows associated with maintenance dredging and placement operations for the Wilmington
Harbor and Morehead City Harbor federal navigation projects. Upon review of the proposed activities, the Division
has the following comments:
Under the North Carolina General Statute 141-6 (a), the jurisdictional eastern limit of North Carolina's
boundary is one marine league (three nautical miles) from the Atlantic seashore, measured from the
extreme low-water mark.
• Any discharge, as defined by Title 15A North Carolina Administrative Code 02B .0202 (25), within North
Carolina's jurisdictional waters must comply with State water quality standards as set forth in Title 15A
North Carolina Administrative Code 02B .0200.
Upon review of the proposed affected area of the Morehead City and Wilmington Harbors, Primary and
Special Secondary Nursery Areas exist adjacent to the navigation channel in the Upper Harbor Reaches and
Mid River Reaches of the Wilmington Harbor. The Cape Fear River is also designated by the National Marine
Fisheries Services (NMFS) as critical habitat for Atlantic sturgeon and PNA by the NC Division of Marine
Fisheries (NC DMF). Portions of the Wilmington Harbor affected area are also designated as Anadromous
Fish Spawning Areas by the NC DMF and the North Carolina Wildlife Resources Commission (NC WRC).
The Division noted that areas within the proposed dredge footprint (East Leg, Range C, Range B, and Cutoff
on Morehead City Harbor and Inner Bar Channel of Wilmington Harbor) include waters that are classified
SA under 15A NCAC 02B .0221. 15A NCAC 02B .0221 (1) sets forth Tidal Salt Water Quality Standards for
Class SA Waters and states that "the best usage of waters classified as SA shall be shellfishing for market
purposes and any other usage specified by the "SB" or "SC" classification. Waters within the vicinity of the
project area, including Bogue Sound and the lower Cape Fear River are classified as SA, as well as being
classified as High Quality Waters (HQW, 15A NCAC 02B .0224). The HQW classification of these waters
indicates that these are waters which are rated as excellent based on biological and physical/chemical
characteristics through Division of Water Resources (NCDWR) monitoring or special studies, primary
nursery areas designated by the Marine Fisheries Commission (MFC), and other functional nursery areas
designated by the MFC.
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The remaining affected waters within the proposed dredge footprint and under state jurisdiction are
classified as SB and SC under 15A NCAC 02B .0222 and 15A NCAC 02B .0220, respectively. 15A NCAC
02B .0222 (1) sets forth Tidal Salt Water Quality Standards for Class SB Waters and states that "the best
usage of waters classified as SB shall be for primary recreation and any other usage specified by the SC
classification" 15A NCAC 02B .0220 (1) sets forth Tidal Salt Water Quality Standards for Class SC Waters
and states that "the best usage of waters classified as SC shall be for aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife; and secondary contact recreation as defined in 15A North Carolina Administrative Code 02B .0202
(49); and any usage except primary contact recreation orshellfishing for market purposes. All saltwaters
shall be classified to protect these uses at a minimum." The water quality standards for SA, SB, and SC
waters also state the best usage of waters classified as SA, SB, SC shall be maintained as specified by this
Rule. These standards are used to determine if the designated uses of a water body are being protected.
Any sources of water pollution that precludes any of these uses on either a short-term or a long-term
basis shall be deemed to violate a water quality standard. Within 15A NCAC 02B .0201
ANTIDEGRADATION POLICY(f) states: "Activities regulated under5ection 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."
Maintenance dredging events generally result in a temporary closure to shellfishing within the adjacent
waters due to increases in turbidity and suspended solids within the water column. Inlets are highly
dynamic resulting from ocean longshore currents, waves and tidal influences. Storms and maintenance
dredging of the navigation channel all add to the levels of turbidity and suspended solids in the inlet.
• Historically the USACE has requested the Division certify these activities under issuance of a 401 Water
Quality Certification, which would currently be under General Certifications numbers 4137 (Return water
from upland contained disposal areas), 4142 (Maintenance dredging of existing basins), 4146 (Emergency
activities on ocean beaches), 4151(USACE dredging activities involving bank disposal of dredged material in
the Cape Fear River, and 4152 (USACE dredging activities involving control of effluent disposal of dredged
material in existing dredge maintenance sites within NC). As such, the Division would recommend USACE
not only consider the stated purpose and need of improving flexibility and reducing cost of maintaining
Wilmington and Morehead City Harbors, but also provide a thorough alternative analysis of environmental
impacts and cost projections for the implementation and feasibility of the project. The analysis should
include specific methodology and variability in management for each portion of the respective harbors.
• These alternatives should closely consider the impacts of the proposed activity at each of Harbors on the
resource areas as outlined above and the importance of NC wildlife and fishery resources as detailed in the
North Carolina's Wildlife Action Plan and the North Carolina Coastal Habitat Protection Plan. The
alternative analysis should consider the concurrence with State's Water Quality Standards as previously
discussed and also discuss how each individual alternative will comply with NC Antidegradation Policy under
15A NCAC 02B .201 (f).
If you should have any questions or require additional information, you may e-mail me at [e-mail]
or contact me by phone at 910-796-7303.