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Home My WebLink About20211193 Ver 1_More Info Requested_20210927DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 27, 2021 DWR Project #20211193 New Hanover County CERTIFIED MAIL 7018 2290 0001 8295 5832 RETURN RECEIPT REQUESTED Kyle Warren P.O. Box 11371 Wilmington, NC 28404 Subject Property: 1324 Final Landing Road -Warren Private Docking Facility New Hanover County REQUEST FOR MORE INFORMATION Dear. Mr. Warren, On July 30, 2021, the Division of Water Resources (DWR) received your CAMA major development permit application dated July 26, 2021 to allow for the proposed development of a private four (4) slip docking facility with fixed pier, gazebo, boatlifts, floating docks and a dredged boat basin within Topsail Sound and Middle Sound Outstanding Resource Waters Area (SA;ORW). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: Mrs. Kimberlee Harding of the Division of Marine Fisheries (DMF) sent a memorandum on September 22, 2021 outlining concerns regarding negative impacts the proposed dredged boat basin would have on the habitat and aquatic resources present within the proposed dredged boat basin foot print as well as the removal of approximately 16,700 square feet of productive substrate used as important nursery areas for numerous junevile finfish, invertebrate species and shellfish habitat. A low tide site visit conducted on May 24, 2021 by staff from the Division of Coastal Management and the DWR, during which live shellfish resources were observed within the footprint of the proposed dredged boat basin and access channel connection. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office ! 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 YORTH CFRCILINA � Beene �.�� auand 910.796.7215 DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA DWR Project #20211193 September 27, 2021 Page 2 of 3 The DWR believes that the negative impacts associated with the proposed 4-slip docking facility and proposed boat basin dredging with access channel would remove use and degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY ()9 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. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the "SB" or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health 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 a long- term basis shall be considered to be violating a water quality standard; 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (2) 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. New development shall comply with the stormwater provisions as specified in 15A NCAC 02H .1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031. 0101 (b) (20) (A) and (B), 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. A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROL INA i nwvm eMm �m w men a�.nry 910.796,7215 DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA DWR Project #20211193 September 27, 2021 Page 3 of 3 The DMF memorandum recommended that the proposed boat basin dredging be removed from the project and the proposed docking facility be extended to span the cove and extend into the waterway to the maximum extent available to eliminate the impacts to aquatic resources and habitat. Based on the recommendations of the DMF, the DWR supports the recommendation to remove dredging from the project to avoid negative impacts to aquatic resources and to extend the docking facility. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations 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 the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR 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 Holley Snider at 910-796-7333 or holley.snider(a�ncdenr.gov or myself at 910-796- 7218 or morella.sanchez-kingkncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: [-TO,,-,,l for E73B6F3456... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo CC: Gregg Bodnar, DCM Morehead City Office -EC Tara MacPherson and Jason Dail, DCM Wilmington Office -EC Liz Hair, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Kimberlee Harding, DMF Wilmington Regional Office -EC Greg Finch, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF WiRO North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROL INA i nwvm eMm �m w men a�anry 910.796,7215 DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROL INA i nwvm eMm �m w men a�anry 910.796,7215