20221391 Ver 1_More Info Requested_20230109

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Doug Edwards
Grace Andrews
584 Castro Street, #2054
San Francisco, California 94114
NORTH CAROLINA
Environmental Quality
January 9, 2023
DWR # 20221391
Dare County
Subject: REQUEST FOR ADDITIONAL INFORMATION
Placement of Olivine Sand nearshore waters off Town of Duck Shoreline
Dear Edwards and Andrews:
On October 6, 2022, the Division of Water Resources (Division) received a copy of your CAMA
Major application requesting a 401 Water Quality Certification from the Division for the subject
project. The applicant, Vesta North Carolina, PBLLC (Vesta), is seeking approval to conduct
pilot studies off the coast of the Town of Duck, within Dare County, North Carolina. Project
Vesta is proposing placement of approximately 6,150 cubic yards (CY) of olivine sand along
an offshore deployment site, with the flexibility to deploy up to 20,000 CY. The proposed
3,329,900 square foot (SF) — or 76.4 acre — "sand deployment corridor" measures 4,970' by
670' and will be located along the -25' depth corridor, approximately 2,000' (0.4 mi) off the
beach between the northern limit of the Duck Field Research Facility (FRF) to Pintail Drive.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until the following information is received:
1. Avoidance and Minimization of Impacts:
The applicant has several pilot projects ongoing in New York, the Dominican Republic
and possibly South Carolina. Why is this project needed in Dare County and why the
project and impacts can't be minimized or relocated?
2. Cause or contribute to a violation of water quality standards which could also result in
secondary or cumulative impacts:
The Division and other resource agencies have expressed concerns that the placement
of this material could impact the resources that are regulated. This placement of mined
olivine material may impact the habitat biological integrity of aquatic wildlife including
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NOMlH naouninD_E A 252-946-6481

macrobenthos on a short term and possibly a long-term basis. The secondary impacts
are unknown. The proposed impacts are filling approximately 76 acres of open water
classified as "SB" waters as per 15A NCAC 02B .0300. The protected uses of the waters
are included in 15A NCAC 02B .0222 which is described as primary contact recreation
and any other usage specified by the "SB" classification.
a. The protected standards for classified "SB" waters are listed in 15A NCAC 02B
.0220 which include:
(1) The best usage of waters classified as SB shall be aquatic life propagation,
survival, and maintenance of biological integrity (including fishing, fish, and
Primary Nursery Areas (PNAs)); wildlife; secondary contact recreation as defined
in Rule .0202 in this Section; and any usage except primary contact recreation or
shell fishing for market purposes. All salt waters shall be classified to protect
these uses at a minimum.
(2) The best usage of waters classified as SB shall be maintained as specified in
this Rule. Any source of water pollution that precludes any of these uses on
either a short-term or a long-term basis shall be deemed to violate a water
quality standard
Pursuant to 15A NCAC 2H. 0502 (c) and Title 15A NCAC 02H .0502 (d), 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 returned. 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.
Please be aware that you have no authorization under 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.
`'�,�tt North Carolina Department of Environmental Quality Division of Water Resources
D ��/,) Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTH CAROL Na i �/ 252-946-6481

Please contact Robert Tankard at 252-948-3921 or robert.tankardoncdenr.gov if you have any
questions or concerns.
Sincerely,
Plow T"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
cc: Josh Pelletier, USACE Washington Field Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Maria Dunn, NC WRC — WaRO (via e-mail)
Jimmy Harrison, NC DMF— WaRO (via e-mail)
DWR Files/Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
D E Q�� Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NOR1H CARou Na 252-946-6481