20220148 Ver 1_More Info Requested_20220331

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

March 31, 2022

DWR Project # 20220148
New Hanover County

CERTIFIED MAIL: 7020 1290 0001 6718 3524
RETURN RECEIPT REQUESTED

Claude Bouchard
4101 Wayfarer Way
Austin, TX 78731

Subject Property: 235 Florida Avenue, adjacent to the Carolina Beach Yacht Basin
New Hanover County

REQUEST FOR MORE INFORMATION
Dear Mr. Bouchard,
On January 28, 2021 the Division of Water Resources (DWR) received your CAMA major
development permit application dated January 18, 2022 to allow for the proposed development of
a private docking facility which proposes to expand the two slip docking facility to four slips and
to replace 109 LF of bulkhead 1-5 feet water ward of the existing bulkhead. This will involve
filling approximately 223 sq. ft. of Coastal Wetlands. The Carolina Beach Yacht Basin is classified
as SB by the DWR. The Division 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. Maria Dunn of the North Carolina Wildlife Resources Commission (WRC) sent a
memorandum on February 24, 2022 outlining concerns regarding impacts to Coastal Wetlands
based on the proposed bulkhead alignment approximately 1 to 5 feet water ward of the existing
bulkhead. Due to these concerns the NCWRC asked that the applicant consider a bulkhead
alignment to avoid and minimize impacts to the Coastal Wetlands. A site visit was made on March
21, 2022 with Debbie Wilson, Bryan Hall (DCM), John Perry (DWR) and Kim Harding (DMF).
The purpose of the visit was to measure the area of proposed fill and to confirm the presence of
coastal wetlands in the project area.
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
910.796.7215

DWR# 20220148
March 31, 2022
Page 2 of 4

The Rules of 15A NCAC 02H.0506 (b)(1) require the DWR 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 proposed bulkhead alignment located
more than 2 feet waterward of the existing bulkhead fails to demonstrate avoidance and
minimization of impacts. The section of the bulkhead, previously authorized by the CAMA
general permits, were authorized with alignments a maximum of 2 feet waterward of the existing
bulkhead. The foundation of the existing residence is setback 7.5 feet from the existing
bulkhead. The bulkhead located immediately waterward of the existing residence shows no signs
of failure as a result of the construction of the home. No changes to the proposed bulkhead
construction methodology have been proposed in this location. 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. The purpose and need for this expansion was described
in the application as avoiding the potential of catastrophic failure of the foundation of the
dwelling. The dwelling is currently under construction and was placed 7.5’ from the existing
bulkhead.
The DWR believes that, as proposed, the negative impacts associated with the proposed bulkhead
would degrade the wetlands resulting in a violation of the following Water Quality Standards:
15A NCAC 02B .0201 ANTIDEGREDATION POLICY
(f) 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 .0231 WETLAND STANDARDS
(b) The water quality standards for all wetlands are designed to protect, preserve,
restore, and enhance the quality and uses of wetlands and other waters of the State
influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to
maintain dry weather streamflow and, at other locations or times, groundwater
recharge that replenishes the groundwater system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other
pollutants that would otherwise have an adverse impact, as defined in 15A NCAC
02H .1002, on the quality of other waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and
water velocity and stabilization of sediments;
(6) Habitat for the propagation of resident wetland-dependent aquatic organisms,
including fish, crustaceans, mollusks, insects, annelids, planktonic organisms, and
DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
910.796.7215

DWR# 20220148
March 31, 2022
Page 3 of 4

the plants and animals upon which these aquatic organisms feed and depend upon
for their needs in all life stages; and
(7) Habitat for the propagation of resident wetland-dependent wildlife species,
including
(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 memorandum recommended that the proposed bulkhead be installed a
maximum of 2’ water ward of the existing bulkhead to minimize impacts to the coastal wetlands.
Based on the recommendations of the WRC, the DWR supports a bulkhead alignment that avoids
impacts to coastal wetlands. The DWR ask that the following additional information be provided:
1. The applicant must demonstrate that the existing site conditions will lead to catastrophic
failure of the existing bulkhead if a new bulkhead alignment is not authorized 5 feet
waterward.
2. The applicant must demonstrate alternative methods for increasing the length of the tie-
back for the bulkhead wall.
3. The applicant must demonstrate that a 5’waterward alignment will provide significantly
greater stability than 2’ waterward alignment.
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.

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.

DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
910.796.7215

DWR# 20220148
March 31, 2022
Page 4 of 4

Please contact John Perry at 910-796-7341 or [e-mail] or myself at 910-796-7218
or [e-mail] if you have any questions or concerns.

Sincerely,

Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Enclosures: WRC Memo

CC: Bryan Hall, DCM Wilmington Office-EC
Cameron Luck, DCM Morehead City Office -EC
Maria Dunn, WRC-EC
Greg Currey, USACE Wilmington Office-EC
Kim Harding, DMF Wilmington Regional Office-EC
Stephen Conway, Contractor-EC
Debbie Wilson, Consultant-EC
DWR 401 & Buffer Permitting Branch file – LF
WiRO

DocuSign Envelope ID: 5BF256F8-7245-428D-B13E-2DA9E4F6AD7F