20020730 Ver 4_20020730v4_USS Battleship North Carolina _RPOT Ext Req_NHCo_Dec.22_20221209

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 9, 2022
Mickey Sugg
Chief, Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Wilmington District
(Delivered via email at [e-mail])
Subject:
Dear Mr. Sugg,
Responsible Period of Time Extension Request
USS North Carolina Battleship Living with Water Project
New Hanover County
Corps Action ID# SAW-2010-00175; DWR# 20020730v4
On August 17, 2022, the Division of Water Resources (DWR) received an application from Dawn
York of Moffitt & Nichol on behalf of the North Carolina Department of Natural and Cultural
resources for an Individual 401 Water Quality Certification for the USS Battleship North Carolina
Living with Water project in New Hanover County. The Division of Coastal Management issued
a public notice for the project on Sunday August 21, 2022. DWR respectfully requests that the
reasonable period of time be extended again until August 17, 2023. In support of this request,
we direct your attention to the following considerations with regards to considerations listed in
RGL 19-02:
(i)
Type and Complexity of Proposed Activity: The scope of work includes multiple
components including but not limited to: replacement of the hardened shoreline with a
living shoreline, enhancement of existing coastal wetlands, creation of an intertidal marsh
complex with conveyance swale, constructed wetlands for stormwater treatment,
installation of culverts, new entrance and parking area, construction of two (2) pedestrian
bridges, construction of a wooden boardwalk and removal, elevation and re -pavement of
portions of the existing parking area.
(ii) Non -Typical Activity: The project is an innovative ecosystem -based multipronged design
to construct nature -based infrastructure to provide dual benefits of increased resiliency
for Battleship facilities and proximate infrastructure and increased resiliency for fish and
wildlife in the lower Cape Fear River.
1:tE
NORTH CAROLINA
Department of Environmental Duali�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

USS Battleship North Carolina Living with Water
DWR Project # 20020730
USACE action ID SAW2010-00175
Page 2 of 2
(iii) Magnitude of Impact to Aquatic Resources: The Cape Fear River is designated as Primary
Nursery Area (PNA) by the Division of Marine Fisheries. The Cape Fear River provides
essential habitat necessary for the post -larval development of important aquatic species.
These areas provide the required environmental conditions, habitat, and foraging grounds
during vulnerable early life history stages. Species found within PNAs are often between
early post -larval and juvenile stages of development, including finfish, crabs, and shrimp.
The species that utilize waters for PNA often have very strict water quality requirements
for continued growth to maturity, such as temperature and pH. The applicant has not
provided information sufficient to ensure that the project has been designed in a manner
that has avoided and minimized impacts to surface waters and wetlands to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream
continue to support existing uses before and after project completion as required by 15A
NCAC 02H .0506(b)(1).
On October 18, 2022, DWR requested additional information from the applicant and continues
to work with the applicant to resolve water quality related concerns. The USACE also submitted
request for additional information on October 20, 2022.
By making this request, DWR does not waive its right to determine that additional information
or time is necessary to process the application. Further, DWR does not waive its right to contest
the legality of the Corps' August 7, 2019, Regulatory Guidance Letter, Corps regulations
implementing section 401 of the Clean Water Act, or any actions taken by the Corps pursuant
thereto.
We respectfully request that you provide your written concurrence by December 15, 2022.
If you have any questions, please contact Holley Snider at 910-796-7303 or
[e-mail].
Sincerely,
�DocuSigned by:
Cp
"-9969F633EA974AB...
Erin Davis, Acting Supervisor
401 & Buffer Permitting Branch
Electronic cc: Greg Currey, USACE Wilmington Field Office
DWR 401 & Buffer Permitting Branch file
D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000