20231404 Ver 1_More Info Requested_20240305

ROY COOPER W
GovernorELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
March 5, 2024
DWR # 20231404 V.1
Pamlico County
Three Seas Legacy, LLC
ATTN; Chris Fulcher
PO Box 250
Oriental, NC 28571
Delivered via email to: seafood @fulchersnc.net, [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Gideon Creek Travel Lift
Mr. Fulcher,
On 10/17/2023, the Division of Water Resources (Division) received your application requesting
a 401 Individual 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. Please expand upon the purpose and need of your project. "Three Seas Legacy, LLC
intends to utilize the property a travel lift service, which will have the ability to haul
larger vessels, such as commercial fishing boats and private yachts, out of the water for
maintenance and/ or in advance of severe storm events, such as hurricanes. At this time,
this service is not available in this part of eastern North Carolina." The applicant has a
similar project proposed in James City, NC less than 30 miles away. That project DWR#
20231418 V.1 has proposed a 300 ton travel lift for the facility. Are both proposed sites
needed?
2. No information was included on the size of the proposed travel lift at Gideon Creek.
What is the size of the proposed travel lift?
NORTHCAROLINAD_E Q
Depa"mem of Environmental Uuali�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Gideon Creek Travel Lift
DWR# 20231404 V.1
Request for Additional Information
Page 2 of 4
3. Please describe how vessels will leave the site as soon as they are removed from the
water. The 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? "Three Seas Legacy, LLC intends to utilize the property a travel lift service,
which will have the ability to haul larger vessels, such as commercial fishing boats and
private yachts, out of the water for maintenance and/or in advance of severe storm
events, such as hurricanes." "Those vessels that are to be hauled out for maintenance
will be moved to another location. No maintenance of boats will take place on the
project property."
4. If some vessels will not be leaving the site due to size limitations will this fit within
Pamlico County planning and zoning regulations? "Communication with Mr. Ray
Bennett, with the Pamlico Co. Planning Department, was undertaken to ensure the
proposed project was consistent with the county' s planning and zoning regulations. Mr.
Bennett confirmed that the project would not need to be upgraded to the Land Use Plan
requirements, with the understanding that this marina will only be used by the Three
Sea' s Legacy firm (Chris Fulcher) and staff. Additionally, Mr. Bennett requested that the
County be provided with the opportunity to review the plan before permits were
issued."
5. Gideon creek is classified SA,HQW,NSW by the Environmental Management
Commission, is subject to NCDWR Neuse River Basin Riparian Buffer Rules and is
designated a primary nursery area (PNA) by NCDMF, 15A NCAC 07H .0208 USE
STANDARDS - No new dredging is allowed in PNA waters. The normal water level (NWL)
waterward of the proposed dock site is 3.5 ft. The NWL of Gideon Creek along its channel
is approximately 6ft. The average draft of a 100 ton vessel is 5-10 ft. How will "larger
vessels, such as commercial fishing boats and private yachts" be capable of navigating
Gideon Creek waters without becoming grounded or scouring the bottom with their
hulls and propwash, essentially acting as a dredge.
6. Do you have a Sediment and Erosion Control Plan on file for the proposed land disturbing
activity? If a Sediment and Erosion Control Plan has been issued, please provide it. It
appears that more than 1 acre of land will be disturbed according to project plans. If you
do not have a Sediment and Erosion Control Plan you must obtain one prior to any
construction activities.
15A NCAC 04B .0107 MANDATORY STANDARDS FOR LAND -DISTURBING ACTIVITY (a) No
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
l� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTHCAROLINA 919.707.9000
oepanmem or Eemmemeemi aeei� /`�

Gideon Creek Travel Lift
DWR# 20231404 V.1
Request for Additional Information
Page 3 of 4
land -disturbing activity subject to these Rules shall be undertaken except in accordance
with G.S. 113A-57 and the standards established in these Rules. (b) Unless where
otherwise specified in the Act or the rules of this Chapter, provisions for permanent
ground cover sufficient to restrain erosion shall be accomplished within 90 calendar days
following completion of construction or development. (c) Pursuant to G.S. 113A-57(4)
and 113A-54(d)(4), an erosion and sedimentation control plan shall be filed and
approved by the approving authority. (d) All individuals that obtain a State or locally -
approved erosion and sedimentation control plan that disturb one acre or more of land
are required by the U.S. Environmental Protection Agency to obtain coverage under the
N.C. Department of Environmental Quality Construction General Permit No. NCGO10000
(NCG01). The requirements in NCG01 for temporary or permanent ground cover may
differ from the ground cover, or stabilization, requirements in this Chapter. It is the
responsibility of the person conducting the land -disturbing activity to ensure compliance
with the NCG01.
7. Will there be any new Riparian Buffer impacts on the property, i.e., work done outside
of previously impacted/impervious areas? If so a Buffer Authorization needs to be
submitted. Are all proposed impacts within the buffer on impervious/compacted
ground? Please include a survey of impervious ground in the project area.
15A NCAC 02B .0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
8. NCDOT does not allow for heavy machinery such as a travel lift to utilize or cross NCDOT
maintained roads unless there is an Encroachment Agreement in place. Have you
submitted for an Encroachment Agreement with NCDOT?
Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 0213.0611, the applicant shall furnish all of
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/Supplemental-Information-Form (note the
DWR# requested on the link is referenced above).
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
l� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTHCAROLINA 919.707.9000
oepanmem or Eemmemeemi aeei� /`�

Gideon Creek Travel Lift
DWR# 20231404 V.1
Request for Additional Information
Page 4 of 4
If all of 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 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
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 Washington Regional Office staff, Allen Stewart at 252-948-3800 or
[e-mail] if you have any questions or concerns.
Sincerely,
Allen Stewart,
Environmental Specialist II
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Gordy Eure, NCDOT— Pamlico/Craven Counties (via e-mail)
Gregg Bodnar, DCM - Morehead City (via e-mail)
Maria Dunn, NC WRC — WaRO (via e-mail)
Jessica Thomas, NC DCM — WaRO (via e-mail)
Kelly Spivey, NC DCM — WaRO (via e-mail)
Jimmy Harrison, NCDMF — WaRO (via e-mail)
Robert Tankard, NCDWR — WaRO (via e-mail)
DWR — Laserfiche file
D E Q � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Environmental Duality