20110563 Ver 1_More Info Letter_20110727

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WDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
July 27, 2011
Dee Freeman
Secretary
DWQ Project # 11-0563
New Hanover County
Southeast Harbor HOA
P.O. Box 15122
Wilmington NC 28408
Subject Property:
Southeast Harbor Pier Reconstruction
REQUEST FOR MORE INFORMATION
Dear Ms. Nixon:
On June 13, 2011, the Division of Water Quality (DWQ) received your CAMA application to expand and
extend an existing community marina that serves the Southeast Harbor Subdivision. The proposed
project is located within an area that has been classified as SA and Outstanding Resource Waters (SA -
ORW) by the DWQ and PNA by the Division of Marine Fisheries (DMF). The proposal calls for
removing the existing floating docks and mooring pile system and extending a new access pier a distance
of 672 feet towards the Atlantic Intracoastal Waterway (AIWW) as well as increasing the number of slips
from 28 to 35. In addition, the application also proposes to install anew floating dock to be located just
waterward of the existing platform that could potentially be used for mooring of additional vessels. With
the construction of the new docking system as described within the current application, the total finished
length of the facility would be approximately 1000 feet. At this location, the width of the AIWW
measures between 1237 to 1443 feet (approximately) according to the plans provided with the
application. Given this width, the proposed configuration would locate the new system within
approximately 70% to 80% of the total width of the AIWW. In addition, a fixed access pier of
approximately 479 feet long would be constructed at the terminus of the access pier and would be located
parallel to the AIWW.
The DWQ has determined that your application was incomplete and/or provided inaccurate information.
The DWQ will require additional information to process your application and unless we receive the
additional information requested, we will have to move toward denial of your application per 15A NCAC
2H.0506. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
The proposed expansion of the marina would violate 15A NCAC 02B .0225 (e) (8) (D)
(Outstanding Resource Waters) which states, "(8) In the following designated waterbodies, no new
or expanded NPDES permitted discharges and only new or expanded marinas with less than 10 slips,
having no boats over 21 feet in length and no boats with heads shall be allowed: (D) The Masonboro
Sound Area (Cape Fear River Basin) including all waters between the Barrier Islands and the
mainland from Carolina Beach Inlet to Masonboro Inlet." Please reconfigure your proposal to be in
compliance with the ORW rules.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet www;ncwaterquality.org ;Va1um//ll
2
Southeast Harbor
New Hanover County
2011-0563
2. In their comments for this proposal, the DMF has expressed concerns that the project will have
significant adverse impacts to the PNA due to shallow water depths, will cause additional shellfish
closures, and will create obstructions to navigation due to the size and location of the planned new
structures. The DWQ shares the concerns of the DMF and feels that the potential impacts to the PNA
combined with additional shellfish closures would cause violations of the following water quality
standards:
15A NCAC 02B .0221 (2) Tidal Salt Water Ouality Standards for Class SA Waters - "Conditions
Related to Best Usage: 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 respond within thirty days of the date of this letter by sending this information to me in writing and
to Ian McMillan of the 401 Oversight/Express Review Permitting Unit. His address is Ian McMillan, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. We will
place this project on hold as incomplete until we receive this additional information. If we do not hear
from you within thirty days, we will recommend moving towards denial of your application as required
by 15A NCAC 2H.0506.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that the project impacts requested within your application are
not authorized by the DWQ. Please call me at 910-796-7215 or Ian McMillan at 919-807-6300 if you
have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Chad Coburn
Senior Environmental Specialist
cc: Jim Hundley - Waterline Marine Construction, P.O. Box 1646, Wrightsville Beach, NC 28480
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Jessi Baker - DMF Wilmington
Doug Huggett - DCM Morehead Office
WiRO