The URL can be used to link to this page

Home My WebLink About20231418 Ver 1_More Info Requested_20231222ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR, Director NORTH CAROLINA Environmental Quality December 22, 2023 DWR # 20231418 v1 Craven County Chris Fulcher & Neal Andrew PO Box 250 Oriental, NC, 28571 Subject: REQUEST FOR ADDITIONAL INFORMATION Quality Marine's Travel Lift Mr.'s Fulcher & Andrew: On October 23, 2023, the Division of Water Resources (Division) received a copy of your CAMA Major application requiring an Individual 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on hold until all the following information is received: 1. Will your settling basin design meet the Turbidity requirements for SC; Sw; NSW waters? Please provide detailed information how this will be achieved. 15A NCAC 02B .0220 TIDAL SALTWATER QUALITY STANDARDS FOR CLASS SC WATERS In addition to the standards set forth in Rule .0208 of this Section, the following water quality standards shall apply to all Class SC waters. (19) Turbidity: the turbidity in the receiving water shall not exceed 25 Nephelometric Turbidity Units (NTU); if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices (BMPs), defined by Rule .0202 of this Section, recommended by the Designated Nonpoint Source Agency, as defined by Rule .0202 of this Section. 2. Due to past commercial activity in the turning basin dredging area, DWR has serious concerns of heavy metal toxins being released from the dredging activity and effluent from the settling basin. Has any sampling for heavy metals been done in the turning basin dredging area? If heavy metal toxicity sampling has been completed please provide the results. If not then sampling of the turning basin area is required. North Carolina Department of Environmental Quality Division of Water Resources Washington DE Q Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCAROLINA 252-946-6481 Depa"mem of Environmental Doali� pg. 2 of 4 15A NCAC 02B .0219 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS B WATERS The following water quality standards shall apply to surface waters that are for primary contact recreation as defined in Rule .0202 of this Section, and are classified as Class B waters. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class B waters (9) Metals: (a) With the exception of mercury and selenium, acute and chronic tidal salt water quality standards for metals shall be based upon measurement of the dissolved fraction of the metals. Mercury and selenium shall be based upon measurement of the total recoverable metal; (b) With the exception of mercury and selenium, acute and chronic tidal saltwater quality aquatic life standards for metals listed in this Sub -Item shall apply as a function of the pollutant's water effect ratio (WER). The WEIR shall be assigned a value equal to one unless any person demonstrates to the Division in a permit proceeding that another value is developed in accordance with the "Water Quality Standards Handbook: Second Edition" published by the US Environmental Protection Agency (EPA-823-B-12-002). Alternative site -specific standards may also be developed when any person submits values that demonstrate to the Commission that they were derived in accordance with the "Water Quality Standards Handbook: Second Edition, Recalculation Procedure or the Resident Species Procedure." (c) Acute and chronic tidal salt water quality metals standards shall be as follows: (i) Arsenic, acute: WER• 69 ug/I; (ii) Arsenic, chronic: WER• 36 ug/I; (iii) Cadmium, acute: WER• 33 ug/I; (iv) Cadmium, chronic: WER• 7.9 ug/I; (v) Chromium VI, acute: WER• 1100 ug/I; (vi) Chromium VI, chronic: WER• 50 ug/I; (vii) Copper, acute: WER• 4.8 ug/I; (viii) Copper, chronic: WER• 3.1 ug/I; (ix) Lead, acute: WER• 210 ug/I; (x) Lead, chronic: WER• 8.1 ug/I; (xi) Mercury, total recoverable, chronic: 0.025 ug/I; (xii) Nickel, acute: WER• 74 ug/I; (xiii) Nickel, chronic: WER• 8.2 ug/I; (xiv) Selenium, total recoverable, chronic: 71 ug/I; (xv) Silver, acute: WER• 1.9 ug/I; (xvi) Silver, chronic: WER• 0.1 ug/I; (xvii) Zinc, acute: WER• 90 ug/I; and (xviii) Zinc, chronic: WER• 81 ug/I; North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCAROLINA - 252-946-6481 oepanmem or Eneimemenal aeali� pg. 3 of 4 (d) Compliance with acute instream metals standards shall only be evaluated using an average of two or more samples collected within one hour. Compliance with chronic instream metals standards shall only be evaluated using averages of a minimum of four samples taken on consecutive days, or as a 96-hour average; 3. Please expand upon the purpose and need of your project. "The purpose of this project is to provide a 100 ton travel lift in New Bern, North Carolina, where this type of facility is in high demand." "Parking and/ or boat storage area is not provided on the site. The vessels will be removed from the site as soon as they are taken out of the water. Please see Attachment 8 for details." In addition, please describe how vessels will leave the site as soon as they are removed from the water, I did not see where attachment 8 covers this. Average size of a 100 ton vessel is 65-85 ft. in length, draft is 5-10 ft and a beam of 16-25 ft. How will vessels of this size exit the property and travel roads and highways? Under 15A NCAC 2H. 0506 (6)(f) and Title 15A NCAC 02H .0506 (6)(g), 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 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 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 the Clean Water Act for this activity and any work done within riparian buffers or waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Allen Stewart at 252-946-6481 or glenn.stewart@deg.nc.gov if you have any questions or concerns. Sincerely, Allen Stewart, Environmental Specialist II Water Quality Regional Operation Section Division of Water Resources, NCDEQ D E Q North Carolina Department of Environmental Quality Division of Water Resources Washington llf Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHCAROLINA - 252-946-6481 oepenmem of Envimnmentxl Oeeli� Pg. 4 of 4 cc Gregg Bodnar, DCM Morehead City (via e-mail) Maria Dunn, NC WRC— WaRO (via e-mail) Randall Jones, NC DEMLR — WaRO (via e-mail) Jimmy Harrison, NCDMF —WaRO (via e-mail) Robert Tankard, NCDWR — WaRO (via e-mail) DWR Files - Laserfiche E Q North Carolina Department of Environmental Quality Division of Water Resources Washington NORTH CAROLINA � Office 111 Regional - 943 Washington Square Mall - Washington, North Carolina, 27889 252-946-6481 Depa"mem of Environmental Doali�