20080524 Ver 3_More Info Requested_20240208

From: Snider, Hollev
To: Finch, Grea; mnoeKbrioelarouo.net
Cc: Harding, Kimberlee k; Currey, Gregory E CIV USARMY CESAD (USA); Luck, Cameron A; Dunn, Maria T.
Subject: DWR Project# 20080524 Marc Noel
Date: Thursday, February 8, 2024 1:38:00 PM
Good afternoon Greg,
DWR has reviewed the CAMA major permit application for Marc Noel at 1813 Futch Creek Road in
Wilmington, New Hanover County. The application proposes to expand and connect two (2)
previously authorized dredge channel footprints within Futch Creek. DWR has consulted with the
Division of Marine Fisheries (DMF) staff Kim Harding and Wildlife Resources Commission (WRC) staff
Maria Dunn regarding the proposed development. The waters of Futch Creek in this area are
classified as SA;HQW and are contiguous with the waters of Middle Sound which are classified as
SA;ORW by DWR. Please understand that the waters around your project area have been identified
as Primary Nursery Area by DMF. DWR supports the concerns and recommendations from DMF and
WRC regarding new dredging within these designated areas. Requests to dredge within these areas
must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0221 and 15A NCAC 02B .0224 which
require that Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife;
secondary contact recreation; and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. DWR has additional questions regarding avoidance and
minimization of impacts to the designated primary nursery area and bottom habitat in the vicinity of
the proposed expanded dredge footprint. In accordance with 15 A NCAC 02H .0506 (b)(1) the DWR
shall evaluate if the proposed activity: has avoided and minimized impacts to surface waters and
wetlands to ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue to support existing uses during and after project completion. The DWR is
placing your application on hold until such time as the following requested additional
information has been provided to complete the review:
1. Avoidance and minimization- the impacts associated with the proposed width of dredge
footprint can be significantly reduced. Justification for the proposed width should be
provided. Bald Eagle Canal appears to provide access to 15 riparian properties limiting the
number of vessels utilizing the existing maintained canal at any one time.
2. Evidence that the proposed expanded dredge area with not result in the removal of existing
uses described in 15A NCAC 02B .0221 and 15A NCAC 02B .0224 should be provided. Aerial
imagery provided supports the creation and maintenance of the Bald Eagle Canal but does not
clearly indicate evidence of historic maintenance of the full reach of the proposed dredge
limits connecting the tow previously authorized channels. Any and all dredge footprints
authorized under CAMA major and general permits should be researched and depicted on a
plan that clearly shows the established footprints and depths.
3. The proposed final dredge depth shall not exceed the connecting water depths. DWR has
significant concerns regarding the lack of connecting water depth beyond the area described
as the Bald Eagle canal. Please confirm the proposed final connecting depths are consistent
with previously approved authorizations. A tapered dredge cut to meet existing water depths
is recommended.
4. A low tide site visit was conducted by DMF on January 24, 2024 to examine the fisheries

resources within the PNA waters of Futch Creek. DMF observed and documented a notable
change in bottom substrate near property #7 (sheet 8 of 15) in the vicinity of the terminal end
of the Bald Eagle Canal. The proposed connector channel located downstream of property #7
and connecting to the channel near the AIWW is significantly different and does not have
evidence of historic maintenance. It is recommended the project be modified to avoid and
minimize impacts to these resources.
I hope this information is helpful and feel free to call or email me if you have any questions or need
my assistance in any way.
Sincerely,
Holley Snider . " ,><((((�>•' ><((((°>.•'_
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
*please note my email address has changed ho11ey.sniderCa)deq.nc.gov*
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127 Cardinal Drive Ext.
Wilmington, NC 28405
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