20200730 Ver 1_More Info Requested_20200706 (2)

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
July 6, 2020
DWR # 2020-0730
New Hanover County
CERTIFIED MAIL: 7013 2630 0002 0760 9626
RETURN RECEIPT REQUESTED
University of North Carolina at Wilmington
Attn: E.A. Southerland
601 South College Road
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
UNCW-CMS Dredging Project-5600 Marvin K. Moss Lane, Wilmington NC
Dear Mr. Southerland:
On June 3, 2020, the Division of Water Resources (Division) received your CAMA Major Development
Permit application dated May 5, 2020, requesting a 401 Water Quality Certification from the Division for
the subject project. The Division has determined that your application is incomplete and be processed. The
application is on -hold until all of the following information is received:
1. Alternative Analysis and Avoidance and Minimization:
This project site location within Masonboro Sound/AIWW, which is located within an area
designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries
(NCDMF), and open to the harvest of shellfishing, and designated as Outstanding Resources
Waters (SA;ORW) by the North Carolina Division of Water Resources (NCDWR). The application
proposes new dredging within the footprint of the existing University of North Carolina at
Wilmington (UNCW) Center for Marine Science (CMS) docking facility within Masonboro Sound,
which has not been previously dredged. Comments received from both the NCDMF Habitat
Section and the North Carolina Wildlife Resources Commission (NCWRC) address their concerns
that your proposed project would affect PNA as identified by the NCDMF. This would be
considered a degradation of waters, which would result in violations of the following Water Quality
Standards.
It was also recommended by both the NCDMF and the NCWRC that the applicant consider moving
the docking facility further waterward, which would achieve the greater water depths needed and
remove the proposed new dredging.
15A NCAC 02B .0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water' Act (33 U.S.C.) which require a water
quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

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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 wetlands per I5A 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
03I .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.
Please provide more details that addresses the concerns from the NCDMF and the NCWRC
regarding practical alternatives and avoidance and minimization of impacts for this project.
115A NCAC 02H .0506(0 and (g)] If these issues are not resolved, the NCDWR will have to
move to deny your application as required by 15A NCAC 2H .0506. If these concerns are
addressed to the satisfaction of the NCDMF and the NCWRC, the NCDWR will have no
objection.
Pursuant to above referenced general statues and administrative code, the applicant shall furnish all of the
above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be retumed. The return of this project will necessitate
reapplication to the Division 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 copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.

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Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Robb Mairs at 910.796.7303 or Robb.Mairs(etnedenr.gov or myself at 910.796.7218 or
Morelia.Sanchez-i:ing�U ncdenr.uov if you have any questions or concerns.
Sincerely, DocuSlgned by:
Moral SoLci,tuy him
E3ABAI4ACPDC434..
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Greg Currey, USACE Wilmington Regulatory Field Office (via email)
Curt Weychert, DCM Morehead City (via email)
Paul Wojoski, DWR 401 and Buffer Permitting Branch Central Office (via email)
Greg Finch, LMG (via email)
DWR'WiRO 401 files
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