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Home My WebLink About20230330 Ver 1_More Info Requested_20230614DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 14, 2023 DWR # 20230330 Brunswick County Attn: Thomas E. Holland, Jr. 1015 Jordan Narron Road Selma, NC 27576 Delivered via email to: toml@wefixbrokenhomes.com Subject: REQUEST FOR ADDITIONAL INFORMATION Holland Bulkhead Replacement 122 Sanford St. Holden Beach, NC Dear Mr. Holland, On March 6, 2023, the Division of Water Resources (Division) received your CAMA major development permit application dated February 8, 2023 to allow for the proposed development of a private docking facility which proposes to reconfigure and rebuild an existing two (2) slip docking facility and to replace 50 LF of bulkhead 5 feet water ward of the existing bulkhead. This will involve filling approximately 250 sq. ft. of Coastal Wetlands. The Intracoastal Waterway is classified as SA; HQW by the DWR. The Division has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. If the additional information requested is not received by June 26, 2023 then DWR will move to deny this project and the project will need to be resubmitted. Additional Information Requested: The Rules of 15A NCAC 02H.0506 (b)(1) require the DWR to evaluate projects to ensure that impacts to surface waters and wetlands have been avoided and minimized and to ensure that any remaining surface waters or wetlands and any surface waters downstream, continue to support existing uses during and after project completion. The proposed bulkhead alignment located 5 feet waterward of the existing bulkhead fails to demonstrate avoidance and minimization of impacts. The reconfigure and bulkhead expansion of the existing docking facility and construction of the bulkhead have not been designed to avoid and minimize impacts � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E Holland 122 Sanford Street DWR#20230330 Page 2 of 6 to wetlands and surface waters. The purpose and need for this expansion was described in the application as reducing erosion in the backyard and ensuring the structural integrity of the home. The dwelling is currently 2 feet from the existing bulkhead as described in your application. The DWR believes that, as proposed, the negative impacts associated with the proposed bulkhead would degrade the wetlands resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY (f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be 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 wetland per 15A NCAC 2H .0231. 15A NCAC 02B .0231 WETLAND STANDARDS (b) The water quality standards for all wetlands are designed to protect, preserve, restore, and enhance the quality and uses of wetlands and other waters of the State influenced by wetlands. The following are wetland uses: (1) Storm and flood water storage and retention; (2) Moderation of water level fluctuations; (3) Hydrologic functions, including groundwater discharge that contributes to maintain dry weather streamflow and, at other locations or times, groundwater recharge that replenishes the groundwater system; (4) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise have an adverse impact, as defined in 15A NCAC 02H .1002, on the quality of other waters of the State; (5) Shoreline protection against erosion through the dissipation of wave energy and water velocity and stabilization of sediments; (6) Habitat for the propagation of resident wetland -dependent aquatic organisms, including fish, crustaceans, mollusks, insects, annelids, planktonic organisms, and the plants and animals upon which these aquatic organisms feed and depend upon for their needs in all life stages; and (7) Habitat for the propagation of resident wetland -dependent wildlife species, including (c) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified in Paragraph (b) of this Rule: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses. The DWR is requesting that the following additional information be provided: D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E Holland 122 Sanford Street DWR#20230330 Page 3 of 6 1. The applicant must demonstrate that the existing site conditions will lead to catastrophic failure of the existing bulkhead if a new bulkhead alignment is not authorized 5 feet waterward. 2. The applicant must demonstrate alternative methods for increasing the length of the tie -back for the bulkhead wall. 3. The applicant must demonstrate that a 5'waterward alignment will provide significantly greater stability than the current alignment and that a 2-foot alignment is not feasible through innovative engineering (recommended by WRC). 4. The applicant must provide the length and depth of the proposed anchors necessary for stabilization. DWR is requesting that an engineered analysis be submitted to support the design drawing depicting the length and depth of the proposed anchors. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all of 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 sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of 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 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 Michael Meilinger at 910-796-7215 or michael.meilinger@deq.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: E3ABA14A=C434... Morella Sanchez -King Regional Operation Supervisor Division of Water Resources, NCDEQ D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E Holland 122 Sanford Street DWR#20230330 Page 4 of 6 cc: Debbie Wilson, consultant, via email debbiew75@charter.net Greg Currey, USACE Wilmington Regulatory Field Office via email Cameron Luck, DCM Morehead City Staff via email DWR 401 & Buffer Permitting Branch file Attachments: Field drawing of current bulkhead and piling spacing, submitted site designs Filename: 20230330 AddInfo Holland 122 Sanford St. Bruns.Co. June23.docx *Existing conditions, bater piling placement on face of bulkhead, house foundation pilings and stair support pilings measurements taken on 6/1/2023 *1 square = 1 foot NORTH CAROLI D `��` I oeprtLnenl of EA,—UI0-Ift North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E Holland 122 Sanford Street DWR#20230330 Page 5 of 6 Existing Proposed Dwelling G de I Existing Grade 5' Proposed ro osead Plea .. - • k f.(.:E _:.r?�.., - r Existing `�._'•r-: _ _ _ =a„,�r-`:.�;t�a>:'-,,;�,�,�- Bulkhead Stable Soil <—Unstable Soils Helical Anchors -� * -y"• i :•.•s;;�=� ....: Thomas Holland, Jr. Bottom r ' - ' '' v 122 Sanford Street Contour Holden Beach Brunswick County - Drawn By: De66ie Wilson - 4125123 Scale: NTS Revised Sheel 4 of 4 Typical Bulkhead X-Section Using Helical Anchors NITS D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oeo..uneMbfE I,—WI0-Ift /� 919.707.9000 DocuSign Envelope ID: 3FAFE5A6-7829-4F6B-8820-B30C5AF1401E Holland 122 Sanford Street DWR#20230330 Page 6 of 6 n I I I 16' i 8 Existing Floating Existing Existing Existing Dock Boa lift Boatlift I I m � 15' m Setback m I m 15' _ a 1 Setback IT I NL Existing NLW x. + w . w i * � Marsh w w w w w I 'k r n ProProll Bulkhead 'a Proposedl Bulkhead y f Existing Bulkhead 10' Return Wail Helical 16' Anchors Tracy James L 124 Sanford Street Holden Beach Stel Existing Dwelling 36' Wide s0' Thomas Holland, Jr 122 Sanford Street Holden Beach Existing Existing =10' Return Wall L Charles & 120 Sanfai Holden Be D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROL /� 919.707.9000