20230806 Ver 1_More Info Requested_20230804

DocuSign Envelope ID: 6FDA984D-5884-42A1-B6E3-AOA7DF64F93F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 4, 2023
DWR # 20230806
Onslow County
Hammocks Beach State Park — NC State Parks
Attn: Matt Windsor
1572 Hammocks Beach State Rd
Swansboro, NC 28584
Delivered via email: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Hammocks Beach State Park Shoreline Sections B and C1, C2, and C3 — White Oak
River Basin
USACE Action ID# SAW 2023-01327
Dear Mr. Windsor:
On June 7, 2023, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification from the Division for the subject project. The applicant proposes to construct
a series of offshore sills in the waters of Queen's Creek, adjacent to Hammocks Beach State Park, in
Swansboro, Onslow County, North Carolina. The surface waters of Queens Creek are classified as
SA;HQW by the Division of Water Resources. Upon review of the application, the Division has
determined that your application is incomplete and cannot be processed. The current application is on -
hold until all of the following information is received:
1. Please provide a more detailed map of the location of the proposed sills placed within the
waters of Queens Creek. The maps submitted appear to show sills being placed within coastal
wetlands or closer than 5 feet to the wetland boundary in some locations. Please clearly
delineate the coastal wetland and 404 wetland boundaries. The submitted plans show a
dashed pink line representing 404 coastal wetlands and A shaded green area labeled
observable wetlands.
2. Additionally, sills are proposed to be placed where SAV was observed during SAV survey
conducted by Native Shorelines, a division of Restoration Systems, LLC on May 2, 2023. The
sills are proposed in areas where Division of Marine Fisheries (DMF) have identified and
mapped SAV presence. This information can be found on the NC DMF shell fish leasing tool
https://www.arcgis.com/apps/webappviewer/index.html?id=de86f3bb9e634005b12f69a8a5
947367&extent=-8547966.9341%2C4122310.0151%2C-
8519303.0485%2C4139317.2539%2C102100. The information provided shows the SAV
survey extended 20ft from the shoreline, however baffles are proposed past 30 feet.
� 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: 6FDA984D-5884-42A1-B6E3-AOA7DF64F93F
DWR Project # 20230806
Hammocks Beach State Park
Page 2 of 4
Additional SAV survey information must be provided that encompasses the entire project
area, including the proposed baffles.
3. The narrative indicates the purpose and need for the offshore sills is shoreline stabilization.
Please provide erosion rates or quantify shoreline loss for each of the shoreline sections.
4. Please provide the accurate length of proposed sill placement in each section. The
application describes a proposed project consisting of an offshore sill/living shoreline that
would be constructed in four sections totaling 3,520 ft. The proposed sill would be placed in
waters adjacent to the mainland of the Hammocks Beach State Park shoreline. The 4 sections
are B (1,135 ft), C1 (1,150 ft), C2 (782 ft), and C3 (537 ft). However, according to calculations,
the actual length of the full project is 3,604 ft.
5. As proposed the living shoreline has been designed with 5 feet gaps between sections. Based
on project discussions with DMF and WRC, DWR supports the recommendations to increase
the gaps between sections to a minimum of 10 feet based on concerns about access to public
trust waters. At the time of this letter official recommendations from DMF and WRC have not
been received by DWR.
6. Please clarify and use one metric when identifying water depths in the proposed project
areas. Your application included NHW, MHW, NLW, MLLW. Please note the vertical datum
used to survey and identify the Mean High Water and Mean Low Water or note the date,
time, tide and conditions observed when the Normal High Water Level and Normal Water
Level determination was made.
The DWR is required 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 in
accordance with 15A NCAC 02H .0506 (b)(1).
The construction of the proposed offshore sill and baffles system has not been designed to avoid and
minimize impacts to wetlands and surface waters. As proposed, the offshore sill and baffle system
would result in impacts to potential shellfish habitat, potential impacts to coastal wetlands and impacts
to SAV and mapped SAV habitat within the project boundary. The DWR believes that the negative
impacts associated with the proposed offshore sill and baffle system would degrade the surface waters
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 .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
(1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the
"SB" or "SC" classification;
(2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological
standards as adopted by the Commission for Public Health and shall be suitable for shellfish
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
oeprU—t of EmlmMIB�I OwI 919.707.9000

DocuSign Envelope ID: 6FDA984D-5884-42A1-B6E3-AOA7DF64F93F
DWR Project # 20230806
Hammocks Beach State Park
Page 3 of 4
culture. 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 considered to be
violating a water quality standard;
15A NCAC 02B .0224 WATER QUALITY STANDARDS FOR 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.
(b) High Quality Waters (HOW) shall include:
(1) water supply watersheds that are classified as Class WS-1 or WS-I1;
(2) waters classified as Class SA; and
(3) surface waters of the State that the Commission classifies as HOW 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.
15A NCAC 02B .0231 WETLAND STANDARDS
(a) The following standards shall be used to assure the maintenance or enhancement of the
existing uses of wetlands identified in Paragraph (a) of this Rule:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may
cause adverse impacts on existing wetland uses;
(6) The populations of wetland flora and fauna shall be maintained to protect biological
integrity as defined at 15A NCAC 2B .0202.
The DWR would support recommendations by DMF and WRC to avoid negative impacts to SAV and SAV
habitat, coastal wetlands, and potential shellfish habitat. 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 agency's satisfactions, then DWR will continue review of this
project and will update you with a decision.
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all 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/SuPPIemental-
Information-Form (note the DWR# requested on the link is referenced above).
If all 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
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: 6FDA984D-5884-42A1-B6E3-AOA7DF64F93F DWR Project # 20230806
Hammocks Beach State Park
Page 4 of 4
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 [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
Moullk SR.�•c�
E3ABA14A=C434_
Morella Sanchez -King
Regional Operation Supervisor
Division of Water Resources, NCDEQ
cc: Mary Margret, Consultant, [e-mail]
Sarah Hair, USACE Wilmington Regulatory Field Office
Gregg Bodnar, Curt Weychert, and Amanda Cannon DCM
Maria Dunn, WRC
Kim Harding, DMF Wilmington Regional Office
DWR 401 & Buffer Permitting Branch file
Filename: 20230806_Addlnfo_HBSP_OnslowCo._August23
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
04patneMbfE I,n UI0-Ift /� 919.707.9000