20191032 Ver 2_More Info Requested_20200730

Strickland, Bev
From: Snider, Holley
Sent: Thursday, July 30, 2020 12:02 PM
To: Bodnar, Gregg
Cc: Dunn, Maria T.; Harrison, James A; Mairs, Robb L; Hair, Sarah E CIV CESAW CESAD (US)
Subject: RE: [External] Old Ferry Channel/Deer Creek discussions with DMF
Afternoon Gregg,
I hope you are well. The DWR would like to provide the following comments regarding the Old Ferry Channel Deer Creek
(DWR#20191032v2) dredging project.
The DWR concurs with the concerns expressed by the WRC and the DMF regarding additional information necessary to
demonstrate an avoidance and minimization of impacts to SAV and shellfish resources. The DWR would like to add that
the water quality standards found in 15A NCAC 02B .0201 Antidegradation policy states (f) Activities regulated under
Section 404 of the federal Clean Water Act 33 U.S.C. 1344 that require a water quality certification as described in
Section 401 of the federal Clean Water Act 33 U.S.C. 1341 shall be evaluated according to the procedures outlined in 15A
NCAC 02H .0500. Activities that receive a water quality certification pursuant to the procedures in 15A NCAC 02H
.0500 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 02H
.0506(c)(1) through (5) in determining the potential impact of the proposed activity on the existing uses of the wetland as
described in Rule .0231(a) of this Section. And;
The DWR Tidal Salt Water Quality Standards for SA Waters found in 15A NCAC 02B .0221 (1) 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; (2) The best usage of waters classified as SA shall be maintained as specified in this Rule. In determining
the safety or suitability of Class SA waters to be used for shellfishing for market purposes, the Commission shall consider
the existing water quality of the area in relation to the standards to protect shellfishing uses, the potential contamination of
the area from both point and nonpoint sources of pollution, and the presence of harvestable quantities of shellfish or the
potential for the area to have harvestable quantities through management efforts of the Division of Marine Fisheries.
Waters shall meet the current sanitary and bacteriological standards in 15A NCAC 18A .0400, which is hereby
incorporated by reference, as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any
source 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. Waters shall not be classified SA without the written concurrence of the Division of
Marine Fisheries. And;
The DWR Water Quality Standards for Outstanding Resource Waters found in 15A NCAC 02B .0225 (c) (2) In Saltwater:
Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW.
Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to
classify waters as ORW in accordance with Rule .0101 of this Subchapter. New development shall comply with the
stormwater provisions set forth in 15A NCAC 02H .1000, including the specific stormwater management requirements
forsaltwater ORW areas set forth in 15A NCAC 02H .1019 and .1021. No dredge or fill activities shall be allowed if those
activities would result in a reduction of the beds of "submerged aquatic vegetation habitat" or "shellfish producing
habitat," defined in 15A NCAC 03I .0101, and incorporated by reference including subsequent amendments and editions,
except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within
the designated areas, or maintenance dredging for activities such as agriculture. The Commission shall hold a public
hearing before granting a permit to discharge to waters classified as ORW.
Additionally, could you please advise if this project has been placed on hold pending receipt of the shellfish and SAV
surveys as requested by DMF? I thank you in advance for your assistance. Please feel free to call or email me if you
have any questions or I may be of assistance to you in any way.

Sincerely,
Holley Snider .., ,��((((°>•... ..><((((°>.
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
re.v..warn.z ar umran�ivi awx�r
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Dunn, Maria T.
Sent: Tuesday, July 28, 2020 5:13 PM
To: Snider, Holley <[e-mail]>
Subject: RE: [External] Old Ferry Channel/Deer Creek discussions with DMF
I am waiting on the SAV and shellfish surveys. I think they will help guide the project toward management tools that will
minimize impacts. I'm sure the county will pursue excavation, though "maintenance" to me is rather liberal.
Official no wake zones would have to be pursued by the county, HOA, etc. They go through our commission, but there is
an application process that must be completed. If there is interest, I could forward the information. It is generally based
on a concern for safety.
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: [phone]
www.ncwiIdlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Snider, Holley <[e-mail]>
Sent: Tuesday, July 28, 2020 4:54 PM
To: Dunn, Maria T. <[e-mail]>
Subject: FW: [External] Old Ferry Channel/Deer Creek discussions with DMF
Afternoon Maria,
Have you provided comments on this project? Are you waiting on the shellfish and SAV survey? Any thoughts on no
wake zones in this area? I hope you are having a great week.

Sincerely,
Holley Snider .., ,><((((°>•... ..><((((°>.
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
NpFiTl�f.,fflpLihGi �
Q�pMl�n! d �nlran�MN anllly
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Bodnar, Gregg
Sent: Monday, July 27, 2020 8:15 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; Mairs, Robb L <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>
Cc: Harrison, James A <[e-mail]>
Subject: FW: [External] Old Ferry Channel/Deer Creek discussions with DMF
Hey all,
Update for the Old Ferry/Deer Creek dredge project. I'll pass along the SAV/Shellfish survey once complete.
G regg
From: Huggett, Douglas <[e-mail]>
Sent: Friday, July 24, 2020 3:27 PM
To: Neal, Robert <[e-mail]>
Cc: Rudi Rudolph<[e-mail]>; Bodnar, Gregg <[e-mail]>; Harrison, James A
<[e-mail]>; York, Dawn <[e-mail]>
Subject: [External] Old Ferry Channel/Deer Creek discussions with DMF
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[e-mail]
Robert,
I had a good call with Jimmy Harrison with DMF this afternoon concerning some of the items that were in the attached
letter.
First, with regards to SAV habitat, Jimmy and I agreed that after a SAV survey was conducted, I would get back together
with DMF and we could re -assess the need to use turbidity curtains if any SAV is located within 100' of the dredge
alignment. It is possible that, based upon the relative density and location of any SAV adjacent to the project, turbidity
curtains may not be needed, or at least may not be needed in all areas (especially in the more open -water areas where

curtains may be more problematic). The timing of the project (within dredge window versus outside of the dredge
window) may also be factored into the decision.
We next discussed some of the timing and other issues surrounding the requirement for a shellfish survey and
subsequent relay efforts. I asked Jimmy if we could utilize a more informal shellfish relocation option like has been used
on past projects (simple relocation of any shellfish within the dredge footprint to areas just outside of the footprint) if
the results of a shellfish survey do not show heavy densities. Jimmy was amenable to this idea as well. This also could
hopefully allow for a waiver to the timing restrictions for relay activities (April 1— May 15), which could otherwise create
timing issues as we try and get the work done during the next dredge window. Therefore, after doing the shellfish
survey, we will get back together with DMF and re-evaluate the need for the more formal relay processes.
With this in mind, I think we need to move forward with doing the SAV and Shellfish surveys as quickly as possible, then
we can reconnect with DMF on these items and have a clearer picture of what permit requirements we will be subject
to.
Please let me know if any edits or corrections you might have. I will also be in touch as soon as we make some progress
on the surveys.
Thanks, and I hope you have a good weekend.
Doug
Environmental Permit Specialist/Project Manager
Moffatt & Nichol
310-B Greenfield Drive
Newport, NC 28570
Main
919.781.4626 ext.12149
Direct
919.645.0649
Cell
919.534.6834
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