20071357 Ver 3_More Info Requested_20240208

From: Snider, Hollev
To: Dana A. Lutheran; andrewCfhampsteadnchomes.com
Cc: Harding, Kimberlee k; Dunn, Maria T.; Luck, Cameron A; Hair, Sarah E SAW
Subject: DWR Project 200713570 - Smith, 715 Hughes Road, Pender Co.
Date: Thursday, February 8, 2024 12:44:00 PM
Good afternoon Dana,
DWR has reviewed the CAMA major permit application for the proposed expansion of an existing
docking facility and dredge footprint for Andrew Smith at 715 Hughes Road in Hampstead, Pender
County. 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 Mill Creek in this area are classified as SA;ORW by DWR. Please understand that the
waters around your project area have been identified as Permanent Secondary 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 .0222 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 permanent
secondary nursery area, oyster shell resources and potential submerged aquatic vegetation (SAV)
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 to the proposed dredge footprint can be
significantly reduced. An overlay of the existing authorized dredge footprint and the
proposed dredge footprint need to be shown to demonstrate avoidance and minimization.
The expanded dredge footprint includes areas located under a fixed gazebo that do not
support docking and therefore can be avoided. DWR recommends a minimum of a 10-foot
buffer from the waterward edge of wetlands to any proposed dredge footprint to reduce the
potential for sloughing of the soft mud bottom increasing the risk of erosion of the marsh.
2. The proposed final dredge depth shall not exceed the connecting water depths approved for
the maintenance of Mill Creek. Please confirm the depths are consistent with approved
depths for the channel of Mill Creek.
3. A low tide site visit was conducted by DMF on January 26, 2024 to examine the fisheries
resources within the SNA waters of Mill Creek. DMF observed shellfish resources and SAV
rhizomes within the proposed expanded dredge footprint. Additional investigations and
documentation must be provided that demonstrates avoidance and minimization of impacts
to these resources as required by 15A NCAC 02B .0225 which states: no dredge or fill activities
shall be allowed if those activities would result in a reduction of the beds of "submerged
aquatic vegetation habitat" or "shellfish producing habitat," defined in 15A NCAC 031 .0101,
and incorporated by reference including subsequent amendments and editions, except for

maintenance dredging, such as that required to maintain access to existing channels and
facilities located within the designated areas, or maintenance dredging for activities such as
agriculture. Please contact Kim Harding at kim.harding(@deq.nc.gov or 910-796-7286 for
assistance.
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 holley.snider(@deq.nc.gov*
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Wilmington, NC 28405
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