20181108 Ver 3_More Info Requested_20220915

DocuSign Envelope ID: 42DOE2FC-8570-4421-9554-A257D20CD405
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 15, 2022
DWR # 2018-1108 v3
Beaufort County
Mr. Steve Trowell
102 East Watson Street
Windsor, North Carolina 27983
Subject: REQUEST FOR ADDITIONAL INFORMATION
TJ's Transient Marina — Expansion of Marina
Dear Mr. Trowell:
On July 21, 2022, the Division of Water Resources (Division) received a copy of your CAMA Major
application requesting a 401 Water Quality Certification and a Buffer Authorization from the Division for
the subject project. The Division has determined that your application is incomplete and cannot be
processed. The application is on -hold until all the following information is received:
1. Avoidance and Minimization:
The project proposes to expand Boat Harbor Canal, Baker Creek, Battalina Creek and the Sargent Canal by
excavating uplands and the bottom substrate of the canal system. Excavation is proposed within and
outside of the existing federal channel location. Existing maintenance excavation adjacent to the proposed
development within the man-made canal system is authorized to a final depth of -6 feet at NLW. The
project proposes to expand the existing dredge footprint to include significant portions of the high ground
increasing the channel width of the man-made canal system. The DWR has concerns regarding purpose
and need for expanded excavation. It is unclear if connecting depths downstream can support this
expansion without creating create hypoxic conditions at the terminus of the canal system that could result
in a significant adverse impact to the aquatic resources and a violation of water quality standards.
During the scoping meeting on September 6, 2017, and May 31, 2022, the DWR expressed concerns
regarding the flushing of the man-made canal system to meet North Carolina water quality standards for
dissolved oxygen (DO) levels. The standards state that DO shall be "Not less than 5.0 mg/I, except that
swamp waters, poorly flushed tidally influenced streams or embayment's, or estuarine bottom waters
may have lower values if caused by natural conditions" 15A NCAC 02B .0220 (5). The DO standard of 5.0
mg/I is based on a daily average. The project must demonstrate that it will not violate the DO standard or
other water quality standards. Failure to do so could result in denial of a 401 Certification for a proposed
marina. DWR believes that the DO standard may be difficult for many man-made canal systems to achieve
NORTH CAROLINA
Department M Environmental Quality
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

DocuSign Envelope ID: 42DOE2FC-8570-4421-9554-A257D20CD405
because reduced water circulation favors stagnation and oxygen demands can cause DO inside poorly
flushed basins to be lower than in adjacent waters.
The DWR requires a Flushing Model and Dissolved Oxygen Model for the proposed expansion of the man-
made canal system. The models are necessary to demonstrate the project will not result in a violation of
water quality standards. Please note that it is necessary for this Office to review and approve sampling
sites before model sampling is conducted. Please provide a proposed sampling sites and proposed
modeling plan that meets these requirements.
2. The adjacent land uses include marine industry services including mooring, haul out, boat repairs,
bottom cleaning, painting, etc. In most cases these land uses predate the state regulatory requirements
to control run-off to adjacent surface waters. Several of the adjoining developed parcels lack vegetated
buffers, stormwater treatment and best management practices to reduce surface run off to the adjacent
surface waters. The heavy industry activity adjacent to the surface waters may have discharged pollutants
to the canal system waters. The canal channel bottom and sediments proposed to be excavated in
association with this project may contain high levels of pollutants. The DWR is concerned that these
pollutants will be disturbed during excavation and present within the dredge spoil material. Constituents
such as heavy metals, inorganic and organic volatile compounds could be released into surface waters
through mechanical excavation of the soft bottom substrate. The release of these pollutants into the
waters could result in a significant adverse impact to aquatic resources and in a violation of the applicable
water quality standards; [15A NCAC 02B .0220].
Please demonstrate how downstream waters will be protected. The DWR recommends, at a minimum,
an initial evaluation of the dredge material as described in the EPA/USACE's Upland Testing Manual' .
Depending on the results of the evaluation, a sediment sampling plan may be required.
3. Please provide a complete Riparian Buffer Authorization application as required by [15A NCAC
02B .0611 (b)]. Applications are available on the DWR's website and there is no application fee. The Tar -
Pamlico Buffer Rules require that the riparian buffer must remain in an undisturbed, vegetated state
except for those uses allowed in the Table of Uses in the rule. [15A NCAC 02B .0734 (8)] In your application
and supporting materials, please ensure you demonstrate how stormwater runoff through the buffer will
meet conditions of the rule [15A NCAC 02B .0734 (9)] and how the project meets the allowable uses under
the Table of Uses [15A NCAC 02B .0734 (11)].
The Division believes the project may not fit in any allowable uses provided for in the Tar -Pamlico Buffer
Rules' Table of Uses [15A NCAC 02B .0734 (11)]. If the project does not meet an allowable use, the only
way it could proceed is if it were granted an Authorization Certificate with Exception. The requirements
for an Authorization Certificate with Exception can be found in [15A NCAC 02B .0611 (c)].
Pursuant to 15A NCAC 02H .0502 (e), the applicant shall furnish all the above requested information for
the proper consideration of the application. Please respond in writing within 30 calendar days of receipt
of this letter by submitting all of the above requested information through this link:
https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link
is referenced above).
' U.S. Army Corps of Engineers. 2003. "Evaluation of dredged material proposed for disposal at island, nearshore, or upland
confined disposal facilities - Testing Manual," Technical Report ERDC/EL TR-03-1, U.S. Army Engineer Research and Development
Center, Vicksburg, MS. Available online at: https://clu-in.orq/download/contaminantfocus/sediments/evaluation-dredged-
Islandtre103-1. pdf
£ D_E
NORTH NA
Department
of or Environmental Duality
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

DocuSign Envelope ID: 42DOE2FC-8570-4421-9554-A257D20CD405
If all the requested information is not received within 30 calendar days of receipt of this letter, the Division
will be unable to approve the application and it will be denied as incomplete. The denial of this project
will necessitate reapplication to the Division for approval, including a complete application package and
the appropriate fee.
Please be aware that you have no authorization under the 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 Robert Tankard at 252-948-3921 or [e-mail] if you have any questions
or concerns.
Sincerely,
DocuSigned by:
PAvUi4
'-2749BC61EE134BA...
David May, Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
cc: Tobin Tetterton, TJ Land Develpment ([e-mail])
Steve Trowell, ([e-mail])
Raleigh Bland, USACE Washington Field Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Kelly Spivey, DCM WaRO (via e-mail)
Maria Dunn, NC WRC — WaRO (via e-mail)
Jimmy Harrison, NC DMF — WaRO (via e-mail)
DWR Files/Laserfiche
D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From:May, David
To:[e-mail]
Cc:Tankard, Robert; Sullivan, Shelton
Subject:FW: TJs Transient Marina - Additional Information Request
Date:Thursday, September 15, 2022 3:23:56 PM
Attachments:20181108V3_TJsTransientMarina_ReqForInfo.pdf
image001.png
FYI
David May, L.G.
Regional Supervisor – Water Quality Regional Operations Section
Department of Environmental Quality – Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: May, David
Sent: Thursday, September 15, 2022 3:10 PM
To: [e-mail]; [e-mail]
Cc: Bodnar, Gregg <[e-mail]>; Tankard, Robert <[e-mail]>;
Sullivan, Shelton <[e-mail]>; Wojoski, Paul A <[e-mail]>
Subject: TJs Transient Marina - Additional Information Request
See attached. Hard copy going out in the mail.
David May, L.G.
Regional Supervisor – Water Quality Regional Operations Section
Department of Environmental Quality – Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
[e-mail]
943 Washington Square Mall
Washington, NC 27889

From:May, David
To:[e-mail]; [e-mail]
Cc:Bodnar, Gregg; Tankard, Robert; Sullivan, Shelton; Wojoski, Paul A
Subject:TJs Transient Marina - Additional Information Request
Date:Thursday, September 15, 2022 3:09:33 PM
Attachments:20181108V3_TJsTransientMarina_ReqForInfo.pdf
image001.png
See attached. Hard copy going out in the mail.
David May, L.G.
Regional Supervisor – Water Quality Regional Operations Section
Department of Environmental Quality – Division of Water Resources
252-948-3939 Direct
252-402-8985 Cell
252-946-6481 Washington Regional Office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.