The URL can be used to link to this page

Home My WebLink About20221792 Ver 1_Other_20230221ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 21, 2023 DWR # 20221792 Brunswick County Brian Shugart 1880 Woodstock Road Clemmons, NC 27012-9780 (delivered via email to briandshugart@yahoo.com) Subject: NOTICE OF INDIVIDUAL WATER QUALITY CERTIFICATION REQUIREMENT 2206 W. Yacht Drive, Oak Island — Expansion of an Existing Access Pier and Platform Mr. Shugart, On December 20, 2022, the Division of Water Resources (DWR) received a Coastal Area Management Act (CAMA) major permit application from the Division of Coastal Management (DCM) requesting authorization of the expansion of an existing access pier and platform. The proposed expansion includes the installation of fixed finger piers to access two (2) boatlifts flanking the existing fixed platform and installation of a pilingless floating dock accessed by a dual hinge I-beam gangway secured with cables. The proposed expanded docking facility would be located within the waters of Atlantic Intracoastal Waterway which are classified as SA,HQW by DWR and are designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Per 15A NCAC 02H .0502(b) your CAMA permit application also serves as an application for a 401 certification to DWR. DWR's understanding is that the U.S. Army Corps of Engineers (USACE) has decided to review your proposed project under its Regional General Permit 197800056 for which DWR has a corresponding 401 General Certification #4497. However, DWR's 401 General Certification #4497 was not developed for docking facilities located in shallow bottom habitats designated as PNA. Based on the information contained in the CAMA major permit application and comments received from DMF on February 14, 2023, DWR is particularly concerned about the proposed impacts to the shallow bottom habitat that is designated as PNA from expansion of the docking facility. As proposed, the boatlifts and floating dock would be sited in waters ranging in depth from -0.5 feet to -1.2 feet at NLW. DWR is concerned the proposed project has the potential to adversely impact fishery resources and habitat. Boat slips and boatlifts in shallow water, in this case as shallow as -0.5' MLW , results in repeated disturbance of the substrate and shallow bottom habitat. Propellers repeatedly disturbing the sediment can kill benthic invertebrates and reduce shallow bottom habitat during low tide. Floating docks repeatedly resting on the bottom can create anoxia in the sediment which can kill benthic invertebrates and reduce the availability of shallow bottom habitat during low tide. The substrate at this _- �D E Q fJ North Carolina Department of Environmental Quality I Division of Water Resources �__512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 Deportment of Envlmnmenbl Q..Ii� Shugart-2206 E. Yacht Dr Oak Island DWR Project #20221792 Page 2 of 2 location is muddy, which is generally considered more productive for benthic organisms and more susceptible to resuspension of sediment from bottom disturbance. Based on those concerns, the Director has determined that your proposed project is likely to have a significant adverse effect upon water quality and, therefore, requires review under a 401 Individual Certification rather than under the 401 General Certification #4497. The previously submitted CAMA major permit application satisfies the requirements of a complete 401 Individual Certification application. Therefore, no further action needs to be taken by you or your agent. DWR will continue review of your application for a 401 Individual Water Quality Certification and will notify you of our agency decision as required by 15A NCAC 02H .0507(a). Please be aware that you have no authorization under Section 401 of the Clean Water Act Water and the State's related 401 Water Quality Certification Rules (15A NCAC 02H .0500) for this project and any work done within the waters of the State may be a violation of North Carolina water quality laws. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, Zicha�-i U. bga-s, Jv Richard E. Rogers, Jr. Director Division of Water Resources Electronic cc: Dana Lutheran, Southern Environmental Group, Inc Cameron Luck, DCM Greg Bodnar, DCM Greg Currey, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Filename: Director Letter-Shugart_2206 W. Yacht Dr_Feb.23 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 Depanmem of Envlmnmenml Dual