The URL can be used to link to this page

Home My WebLink About20181108 Ver 5_Request for more info_20230619a ROY COOPER cove►nar ELIZABETH S. BISER sea ary RICHARD E. ROGERS, JR. oirecw NORTH CAROLINA EnvkmotwdW QuaUly June 19, 2023 DWR Project #20181108v5 Beaufort County CERTIFIED MAIL RETURN RECEIPT REQUESTED 70221670 0000 9974 3957 Tobin Tetterton P.O. Box 125 Pantego, NC 27860 Subject Property: TJ's Marine - 975 Pantego Street,- Bellhaven Beaufort County REQUEST FOR MORE INFORMATION (DWR 401 Water Quality Certification Process) Dear. Mr. Tetterton, On June 7, 2023, the Division of Water Resources issued correspondence related to the Water Quality Certification Process for the above referenced project. By way of this letter, the June 7, 2023 correspondence Is amended as follows: On April 27, 2023, the Division of Water Resources (DWR) received your CAMA major development permit application dated March 27, 2023, to allow for the proposed development of a private transient marina facility including upland and open water excavation, upland fill, and the installation of bulkheads, docks fuel and pump out services with a commercial building and gravel parking area. The upland and open water excavation would occur within the waters of Boat Harbor canal, Baker canal and Battalina Creek (SC;HQW, NSW). The Division of Water Resources (DWR) 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. Additional Information Reauested: Mr. James Harrison of the Division of Marine Fisheries (DMF) sent a memorandum on May 22, 2023 outlining concerns regarding negative impacts the proposed dredged boat basin would have on the designated Primary Nursery area habitat of Battalina Creek. Mrs. Marla Dunn of the North Carolina Wildlife Resources Commission (WRC) sent a memorandum dated May 30, 2023, outlining concerns from WRC and in support of the recommendations presented by the DMF In opposition to new dredging within the designated Primary Nursery area habitat of Battalina Creek. The DWR believes that the negative North Caro Dept of Envr onmootal Qoa}ity IDivision of Wow Resrn.cm 127 Cardinal Drive Ext.Wimington, North Carolina 28W5-5406 910.796.7215 TJ's Marine- 975 Pantego St- Bellhaven DWR Project # 20181108v5 Page 2 of 3 impacts associated with the proposed excavation of the shallow bottom habitat of Battalina Creek would remove use and degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 026.0201 ANTIDEGREDATION POLICY (t) 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.5.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 .0220 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SC WATERS (1) Best Usage of Waters: aquatic life propagation, survival, and maintenance of biological Integrity (including fishing, fish, and Primary Nursery Areas (PNAs)); wildlife; secondary contact recreation or shellfishing for market purposes. All saltwaters shall be classTied to protect these'uses at a minimum. (2) Conditions Related to Best Usage: Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-term or a long-term basis shall be deemed to violate a water quality standard. 15A NCAC 02B WATER QUALITY STANDARDS FOR .0224 HIGH QUALITY WATERS (a) High Quality Waters (HQW) are a subset of "waters with quality higher than the standards" as defined in Rule .0202(58) of this Section. This Rule shall be implemented in order to meet the requirements of Rule .0201(d) of this Section. [.0201(d) The Commission shall consider the present and anticipated uses of High Quality Waters (HQW), Including any uses not specified by the assigned classification (such as outstanding national resource waters or waters of exceptional water quality) and shall not allow degradation of the quality of High Quality Waters below the water quality necessary to maintain existing and anticipated uses of those waters pursuant to Rule .0224 of this Section.] (b)(3) High Quality Waters (HQW) shall Include surface waters of the State that the Commission classifies as HQW upon finding that such waters are: (A) Rated excellent based on biological and physical/chemical characteristics through monitoring or special studies; or (B) Primary nursery areas (PNA) and other functional nursery areas designated by the Marine Fisheries Commission or the Wildlife Resources Commission. Based on the recommendations of the DMF and WRC, the DWR supports the recommendation opposing new dredging with the designated Primary Nursery Area habitat of Battalina Creek. Please number the moat slips for the proposed marina facility. Additionally, the sediment analysis as proposed in the "Dredge Sampling Methodology' letter dated November 20, 2022 has not been conducted and results provided for review. The DWR requires that the sediment analysis be conducted, and results provided for review.to . D North Carolina De —mW ofEmi o==W Quality I Dimoa of Wow Rm mca In Cvdmal Drin Fad. W#mmgmn, North Carolina 28W5-5406 910.796.7215 Vs Marine- 975 Pantego St- Bellhaven DWR Project # 20181108v5 Page 3 of 3 ensure compliance with 15A NCAC 02B .0220 (9). Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the DWR will have no objection. Additionally, site plans depict a proposed bulkhead (oriented north to south) to be constructed In the vicinity of areas identified as wetlands on the eastern side of the site. Please clarify whether construction of the bulkhead is anticipated to alter hydrologic conditions in a way that poses potential to result In degradation. Recommended conclusions shall be supported with justification to Include how the viability of Identified wetlands will be maintained. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested Information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR 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 one (1) copy of all of the above requested information {to include sediment sampling analysis findings) 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:Hedocs.deg.nc.gov/Fonns/Supplemental-information- Form (note the DWR# requested on the link is referenced above). _Please contact Holley Snider at 910-796-7303 or hoIIev.snlder@dep.nc.Rov or myself at 252-948-3939 or david.mavgdeq.nc.Qov if you have any questions or concerns. Sincerely, fl� David May, Regional Supervisor Water Quality Washington Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo WRC Memo CC: Curt Weychert, DCM Morehead City Office -EC . Kelly Spivey, DCM Washington Office -EC Josh Peletier, USACE Washington Regulatory Field Offlce-EC Marla Dunn, WRC-EC James Harrison, DMF-EC Steve Trowell, Consultant -EC " DWR 401 & Buffer Permitting Branch file — LF WaRO North Ca olma Depatmew of F.nvnanmanW Quality I Divirion of water Reraaceg 127 Cardinal Drive Fxn. w#mmgton. North Carolina 28W3-5406jig . 910.796.7215