20040561 Ver 4_bald_head_island_letter_1-6-2021_20210409

January 6, 2021

DWR # 2004-0561v4
Brunswick County

CERTIFIED MAIL:
RETURN RECEIPT REQUESTED

Village of Bald Head Island
Attn: Chris McCall and Jeff Griffin
106 Lighthouse Wynd
Bald Head Island, NC 28461

Subject: REQUEST FOR ADDITIONAL INFORMATION
South Beach Re-nourishment Project

Dear Messrs. McCall and Griffin:

On May 5, 2020, the Division of Water Resources (Division) received your CAMA Major
Development Permit application dated March 5, 2020, requesting a 401 Water Quality
Certification from the Division for the subject project and the use of Frying Pan Shoals as the
proposed borrow site for beach re-nourishment. On June 26, 2020, the Division determined that
your application was incomplete and requested additional information on the subject project to
address concerns and objections received from biologists with both the North Carolina Division
of Marine Fisheries (NCDMF) Habitat Section and the North Carolina Wildlife Resources
Commission (NCWRC), which addresses their concerns and objections that your proposed
project would affect EFH as identified by the NMFS. On August 5, 2020, the Division received
additional information from Land Management Group (LMG) addressing the comments received
from the resources agencies, and then on August 25, 2020 the Division received from the DCM
the EFH Assessment done by LMG.

On December 11, 2020 the Division participated in a conference call, which was facilitated by
the NC Division of Coastal Management (DCM), which included the US Army Corps of
Engineers (USACE) and the state and federal resource agencies to discuss the EFH Assessment
provided by LMG. Based on this conference call, the NMFS, NCDMF and the NCWRC
determined that the EFH Assessment did not address their concerns, and that their objection to
the proposed project remains as before. On December 22, 2020 the Division participated in a
follow up conference call, also facilitated by the DCM staff with the USACE and the Village of
Bald Head Island staff and your environmental and engineer consultants to discuss the comments

VBHI-So. Beach Re-nourishment Project
DWR# 2004-0561v4
401 Certification
Page 2 of 2

received by the resource agencies, and that their concerns were not addressed in the EFH
Assessment.

As of the date of this letter, the applicant has not provided a complete response which addresses
the concerns received from the NCDMF, the NMFS and the NCWRC regarding practical
alternatives and avoidance and minimization of impacts for this project. Therefore, the Division
cannot certify that the subject project will comply with Sections 301, 302, 303, 306, and 307 of
the federal Clean Water Act. In accordance with 15A NCAC 02H .0507(e), 15A NCAC
02B .0201 ANTIDEGRADATION POLICY, 15A NCAC 02B .0222 TIDAL SALT WATER
QUALITY STANDARDS FOR CLASS SB WATERS, the Division is leaning towards
denial of your application for a 401 Water Quality Certification.

Pursuant to above referenced general statues and administrative code, the applicant shall furnish
all of the above requested information for the proper consideration of the application. If all of the
requested information is not received in writing within 30 calendar days of receipt of this letter,
the Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division 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 three copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.

Please be aware that you have no authorization under Section 401 of the Clean Water Act for 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 Robb Mairs at 910.796.7303 or [e-mail] or myself at
910.796.7218 or [e-mail] if you have any questions or concerns.

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ

cc: Ronnie Smith, USACE Wilmington Regulatory Field Office (via email)
Heather Coats, DCM Wilmington (via email)
Paul Wojoski, DWR 401 and Buffer Permitting Branch Central Office (via email)
Greg Finch, LMG (via email)
DWR WiRO 401 files
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