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Home My WebLink About20040561 Ver 4_More Info Requested_20200626Strickland, Bev From: Mairs, Robb L Sent: Friday, June 26, 2020 10:17 AM To: Coats, Heather; Greg Finch; 'Jeff Griffin' Cc: Snider, Holley; Smith, Ronnie D CIV USARMY CESAW (USA); Pietila, Tanya K; Cannon, Amanda J; Howell, Jonathan; Deaton, Anne; Dunn, Maria T.; Wojoski, Paul A; King, Morella s Subject: RE: Bald Head Island/Frying Pan Shoals add info letter- Major Mod request for Permit #91-14 Attachments: 2004056lv4_bald_head_island_letter june_2020.docx.pdf Hey Greg, Sorry about that. Please see the attached. Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairsa-ncdenr.gov https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 E Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mairs, Robb L Sent: Friday, June 26, 2020 10:12 AM To: Coats, Heather <heather.coats@ncdenr.gov>; Greg Finch <gfinch@lmgroup.net>; 'Jeff Griffin' <jgriffin@villagebhi.org> Cc: Snider, Holley <holley.snider@ncdenr.gov>; Smith, Ronnie D CIV USARMY CESAW (USA) <Ronnie.D.Smith@usace.army.mil>; Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov>; King, Morella s <morella.sanchez-king@ncdenr.gov> Subject: RE: Bald Head Island/Frying Pan Shoals add info letter- Major Mod request for Permit #91-14 Hey Greg, Please see the attached letter from the NCDWR in regards to the comments we received from both the NCDMF and the NCWRC, which were previously provided in Heather's email. Hard copy of this letter will be in today's mail. Feel free to let me know if you have any questions. Sincerely, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(cancdenr.gov https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 •----F:27-w- 0 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Friday, June 26, 2020 9:27 AM To: Greg Finch <gfinch@lmgroup.net>; 'Jeff Griffin' <jgriffin@villagebhi.org> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Smith, Ronnie D CIV USARMY CESAW (USA)<Ronnie.D.Smith@usace.army.mil>; Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Bald Head Island/Frying Pan Shoals add info letter- Major Mod request for Permit #91-14 Hi Greg, Please see the attached add info letter in response to the comments we received from NCDMF. I'm also attaching NCWRC's comments we received that support DMF concerns and includes some recommended conditions, should those fisheries concerns be resolved, as well as comments/recommendations from DNCR. Please let me know if you have any questions. Best regards, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(a-)ncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Doc J' Envelope ID: EEDADAC7-9261-48A4-9CD1-A8FOD396C1AA ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality June 26, 2020 DWR # 2004-0561v4 Brunswick County CERTIFIED MAIL: 7018 2290 0001 8295 9045 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. The Division has determined that your application is incomplete and be processed. The application is on -hold until all of the following information is received: 1. Alternative Analysis and Avoidance and Minimization: This project borrow site location within Frying Pan Shoals is located within an area designated as Essential Fish Habitat (EFH) by the National Marine Fisheries Service (NMFS), that has not been previously dredged. Comments received from both the North Carolina Division of Marine Fisheries (NCDMF) Habitat Section and the North Carolina Wildlife Resources Commission (NCWRC) address their concerns and objections that your proposed project would affect EFH as identified by the NMFS. This would be considered a degradation of waters, which would result in violations of the following Water Quality Standards. 15A NCAC 02B .0201 ANTIDEGRADATION POLICY (f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C.) 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 wetlands per 15A NCAC 2H .0231. D Q 1� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA Da"MoM a enWmn�m mwnq 910.796.7215 DocuSign Envelope ID: EEDADAC7-9261-48A4-9CD1-A8FOD396C1A4 15A NCAC 02B .0222 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SB WATERS. Water quality standards applicable to Class SC waters are described in Rule .0220 of this section also apply to SB waters. (1) Best usage of water. Aquatic life propagation and maintenance of biological integrity (including fishing and functioning PNAs), wildlife, secondary recreation, and other usage except primary recreation or shellfishing for marketing purposes. (2) Conditions Related to Best Usages. The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, and secondary recreation; Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either short - tern or long-term basis shall be considered to be violating a water quality standard. Please provide more details that addresses the concerns from the NCDMF and the NCWRC regarding practical alternatives and avoidance and minimization of impacts for this project. [15A NCAC 02H .0506(f) and (g)] If these issues are not resolved, the NCDWR will have to move to deny your application as required by 15A NCAC 2H .0506. If these concerns are addressed to the satisfaction of the NCDMF and the NCWRC, the NCDWR will have no objection. 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 Robb.Mairs(cr�,ncdenr.gov or myself at 910.796.7218 or Morella.Sanchez-Kinggncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: wu"� AumUA Morella Sanc ez- ing, `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 Laserfiche