20071081 Ver 2_More Info Requested_20220110

ROY COOPER
Governor lktv
ELIZABETH S. BISERSecretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
DATE: January 10, 2022
FROM: Holley Snider � s
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20091008v2
CAMA MAJOR PERMIT RENEWAL REQUEST
PROJECT LOCATION: NNP IV, Cape Fear River, LLC, 4110 River Road, Wilmington, New Hanover County
River Lights Subdivision
PROPOSED PROJECT: Construction of a community marina, dry stack storage and boat launch facility,
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
renewal request received by this office on November 22, 2021. The proposed project is located within
the waters of the Cape Fear River which are class SC waters by DWR. The waters around your project
have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA).
A project that affects waters shall not be permitted unless the existing uses, and the water quality to
protect such uses, are protected. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, secondary contact recreation, and shellfishing for marketing purposes]; and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
In determining that the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division
must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute
to a violation of standards or would result in secondary or cumulative impacts.
The water depth survey information contained in the DWR project files are "based on original drawings
and/or survey information from McKim & Creed" and are dated 2007. The 2007 approved project
drawings have been referenced and provided for subsequent modifications and renewals. Based on
the age of the information in the file , the dynamic conditions of the Cape Fear River and surrounding
habitats, the DWR is requesting that an updated water depth survey be conducted in the location of
the water dependent structures to ensure that existing uses, water quality to protect such uses and no
violation of surface water quality standards would occur when development is completed.
The DWR water quality certification 4175 has expired. If the US Army Corps of Engineers determines a
new Regional General Permit is required to proceed with the development, then a new Individual Water
Quality Certification will be required by the Division of Water Resources.
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
NORTH CAROLINA -
Uepar ent of Emiromme M tall /`� 910.796.7215