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Home My WebLink About20211495 Ver 1_More Info Requested_20211213DocuSign Envelope In CED2CB4E-9AF1-434E-A740-9330536E2ABA ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 7, 2021 DWR Project # 20211495 New Hanover County CERTIFIED MAIL 7018 2290 0001 8295 5603 RETURN RECEIPT REQUESTED Chris and Michelle Meyers 8733 Bald Eagle Lane Wilmington, NC 28411 Subject Property: 8733 Bald Eagle Lane -Meyers Private Docking Facility New Hanover County REQUEST FOR MORE INFORMATION Dear Chris and Michelle Meyers, On October 13, 2021 the Division of Water Resources (DWR) received your CAMA major development permit application dated October 1, 2021 to allow for the proposed development of a private docking facility with a new access pier, gazebo, an expanded floating dock with a kayak launch, two boat lifts and a bulkhead within Futch Creek.. Futch Creek is classified as SA; HQW (High Quality Waters) by the Division of Water Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). 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. Kim Harding of the Division of Marine Fisheries (DMF) sent a memorandum on December 1, 2021 outlining concerns regarding negative impacts due to the proposed floating structure, bulkhead and boat lifts. Those concerns are specific to the abundance of live shellfish and shellfish habitat in this area, the limited water depths for the proposed floating structure and the effect on the adjacent habitat and aquatic resources. A low tide site visit conducted November 8, 2021 by DMF staff, Kim Harding and DWR staff, John Perry. This visit confirmed abundant live shell fish D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORM Cf��L�NA �� oepa d d ftA. . l uu.i� 910.796.7215 DocuSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 2 of 4 and habitat were present within the proposed project area. Water depths during the low tide site visit confirm the landward side of the existing floating dock is resting on the soft bottom that is similar in composition with the surrounding shellfish habitat. Mrs. Dunn of the North Carolina Wildlife Resource Commission (WRC) sent a memorandum on December 7, 2021 outlining concerns from WRC and in support of the recommendations presented by DMF. The DWR is required to evaluate projects to ensure that impacts to surface waters and wetlands have been avoided and minimized and to ensure that any remaining surface waters or wetlands and any surface waters downstream, continue to support existing uses during and after project completion. The expansion of the existing docking facility and construction of the bulkhead have not been designed to avoid and minimize impacts to wetlands and surface waters. As proposed, the docking facility would result in impacts to the shellfish habitat and live shellfish resources within the project area. The proposed bulkhead alignment is proposed water ward of coastal wetlands where no bulkhead currently exists.. The DWR believes that the negative impacts associated with the proposed docking facility and proposed bulkhead would degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY (fJ 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) -(S) 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; D E QJ� North Carolina Department of Environmental Quality I Division of Water Resources NDR' GAR ININA Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 n�m, t mQ.M:\ /"� 910,796,7215 DocuSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 3 of 4 15A NCAC 02B .0224 WATER QUALITY STANDARDS FOR HIGH QUALITY WATERS (a) High Quality Waters (HQW) are a subset of "waters with quality higher than the standards" as defined in Rule .0202(58) of this Section. This Rule shall be implemented in order to meet the requirements of Rule .0201(d) of this Section. (b) High Quality Waters (HQW) shall include: (1) water supply watersheds that are classified as Class WS-I or WS-II; (2) waters classified as Class SA; and (3) surface waters of the State that the Commission classifies as HQW upon finding that such waters are: (A) rated excellent based on biological and physical/chemical characteristics through monitoring or special studies; or (B) primary nursery areas (PNA) and other functional nursery areas designated by the Marine Fisheries Commission or the Wildlife Resources Commission. 15A NCAC 02B .0231 WETLAND STANDARDS (c) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified in Paragraph (b) of this Rule: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses. The DMF and WRC memorandums recommended that the proposed bulkhead be installed landward of the existing coastal wetlands along the toe of the bluff, to avoid impacts to the coastal wetlands. The DMF recommends that the docking facility be reconfigured, shellfish impacts avoided and minimum water depths be maintained consistently beneath the structure. . Based on the recommendations of the WRC and the DMF, the DWR supports a bulkhead alignment that avoids impacts to coastal wetlands and a docking facility configuration that minimizes impacts, rather than expand them within the SA; High Quality Waters and designated Primary Nursery Areas of Futch Creek. 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 WRC, 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. D E QJ� North Carolina Department of Environmental Quality I Division of Water Resources NDR' GAR ININA Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 n�m -t mn.en\ /"� 910,796,7215 DocuSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 4 of 4 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 John Perry at 910-796-7341 or iohn.perry_kncdenr.gov or myself at 910-796-7218 or morella.sanchez-king(kncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: t 6YLU A. SAS GI t"� _ �t" E3ABA14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo, WRC Memo CC: Curt Weychert, DCM Morehead City Office -EC Tara MacPherson and Katharine Elks, DCM Wilmington Office -EC Cameron Luck, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Kim Harding, DMF Wilmington Regional Office -EC Debbie Wilson, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF WiRO D E QJ� North Carolina Department of Environmental Quality I Division of Water Resources NDR' GAR ININA Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 n�m, t mn.en\ /"� 910,796,7215