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HomeMy WebLinkAbout20240394 Ver 1_More Info Received_20240408From: Dail,Jason To: Snider. Holle ; Luck. Cameron A; Hair, Sarah E CIV CESAW CESAD (US; Harding, Kimberlee ; Dunn. Maria T. Subject: RE: [External] RE: DWR Project 200713570 - Smith, 715 Hughes Road, Pender Co. Date: Monday, April 8, 2024 9:46:03 AM Attachments: imacieOOI.Dno irnaaeO02.pno imaqe004.pna innaaeO06.nna Good morning. Water depths were confirmed at the project site during DCIVI site visit on 10/25/2023. Let me know if you need anything else. Thankyou, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Manaaement 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail(Mdeq. nc. go DEQ is updating its email addresses to @deq.nc.gov in phasesfrom May 1st toJune 9th. Employee email addresses may look different, but email performance will not be impacted. Find a Field Rep (arcqis.com� G OPSTAt -1 .1�' E-1 —Os rdar. t. nd 1— ths ddmsa is sbject to the North GEME Camima Putpic Records Law �d may be disclosed to third parties. 1974-2024 From: Snider, Holley <holley.snider@deq.nc.gov> Sent: Monday, April 1, 2024 3:14 PM To: Luck, Cameron A <Cameron.Luck@deq.nc.gov>; Hair, Sarah E CIV CESAW CESAD (US <Sarah. E. Hair@ usace.army.mil>; Harding, Kimberlee k <Kim berlee. Harding@deq.nc.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Cc: Dail, Jason <jason.dail@deq.nc.gov> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Please see the question noted on the attached drawing. Thanks. HolleySnider.-' Environmental Specialist 11 Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 *please note my email address has changed holle4sniderPdeq.nc.qov* D- E 127 Cardinal Drive Ext. 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 From: Luck, Cameron A <Cameron. Luck@deq. nc.gov> Sent: Monday, April 1, 2024 2:58 PM To: Snider, Holley <holley.snider(q)deq.nc.gov>; Hair, Sarah E CIV CESAW CESAD (US <Sarah.E.Hair(@usace.armv.mil>; Harding, Kimberlee k <Kim berlee. Harding(@deq.nc.go >; Dunn, Maria T. <maria.dunn(@ncvvildlife.org> Subject: Fw: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Good Afternoon All, Sounds like we received NCIDIVIF's approval following their field visit. Curious where everyone else is with their comments/authorizations. The most recent drawings are attached and have been upLoaded as the most recent drawings in the portal. If you can upload those comments to the portal. or send my waythat wouLd be greatly appreciated. Thanks, Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5419 - office * Please note my new email address (carneron.luckgdeq.ne.gov . 400 Commerce Avenue Morehead City, NC 28557 http://portal.ncdenr.org/web/cm/dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran(cDsegi.us <dlutheran(@seai.us> Sent: Thursday, March 28, 2024 11:46 AM To: Luck, Cameron A <Cameron.LuckPdeq,nc.gov> Subject: FW: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. �CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious ennails with the Report Message button located on your Outlook menu bar on the Home tab. Hi, Cameron. Wanted to check in on the next step for this project. I assume we need Holley to chime in, since her concerns were based upon Kim's comments. However, in my 2/9 response to Holley's 2/8 RFAI (located within this email string) we reduced the dredging area and have since verified that SAV are no longer a concern. She is out until next week. What if any comments did we receive from the USACE? I don't see anything in my files where they have contributed to this at all. Were they copied on the DMFs and DWR's concerns? Would that be holding them up? Would this be Gregg or Liz? The applicant has a marine contractor set up to get started, and would like to know when he should expect the CAMA Permit. Many thanks!! Dana A. Lutheran Regulatory Specialist SEG Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, NC 28412 910.4S2.2711 Office 910.228.1841 Mobile (preferred) From: dlutheran(@segi.us <dIutheran(@seRi.us> Sent: Monday, March 25, 2024 4:41 PM To: 'Harding, Kimberlee k' <Kimberlee.Harding(@deQ.nc.gov>; 'Luck, Cameron A' <Cameron, Luck(@deq, nc.gov> Cc: 'Dail, Jason' <6ason.daiI(@deq.nc.gov>; 'Snider, Holley' <hoIIe�.snider(@deQ.nc.Rov>; 'Dunn, Maria T.' <maria.dunn(@ncwiIdIife.orR>; 'Andrew Smith'<andrew(@hampsteadnchomes.com> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Thank you, Kim, for meeting Andrew and me out there. I've attached the plan for everyone's convenience. Enjoy the rest of your day. Dana Dana A. Lutheran Regulatory Specialist LSE G isi ==Omro Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, NC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Harding, Kimberlee k <Kimberlee. Hard inR(@deq.nc.Rov> Sent: Monday, March 25, 2024 3:12 PM To: Luck, Cameron A <Cameron, Luck(@ deq.nc.gov> Cc: Dail, Jason <iason.daiI(@deQ.nc.gov>; Snider, Holley <hoIIey.snider(@deQ.nc.gov>; Dunn, Maria T. <maria.c1unn(@ncwiIdIife.org>; 'dlutheran@segi.us' <dIutheran(@seRi.us> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. The DMIF conducted a site visit on 3/25/2024. Afterfincling no SAV present, the NCDMF does not have anyfurther concerns with the design submitted 2/19/2024. Thankyou. Kim Harding From: dlutheran(@segi.u5 <dlutheran(@seRi.us> Sent: Monday, February 19, 2024 2:19 PM To: Harding, Kimberlee k <Kim berlee. Harding(@deq.nc.go >; Snider, Holley <holley.sniderC@deq.nc.gov> Cc: Dail, Jason <iason.dail(@deQ.nc.gov> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kim, Jason, provided the exhibit below showing what I believe the DMF thinks is an acceptable dredge limit. The attached site plan has been revised to reflect adherence to that guidance to the best of our ability (see attached). Please let me know what you think. Dana Dana A. Lutheran Regulatory Specialist LSEGWii Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, NC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Dail, Jason <0ason.dail(cDdeq.nc.Ro > Sent: Thursday, February 15, 2024 8:45 AM To: Lutheran, Dana <dIutheranPsegi.ua> Subject: FW: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Fender Co. fyi Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Managemen 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dail(&deq.nc.go DEQ is updating its email addresses to @deq.nc.gov in phasesfrom May 1st to June 9th. Employee email addresses may look different, but email performance will not be impacted. Find a Field Rep (arcgismm� Email --u.rd— t. ard ft. thia add.. n abj.ct f. th. N.,th Gamlina Public Recofds Law and may be disclosed to third pafiias. SUBJECT PROPERTY SMITH, ANDREW 3291-07-6355-0000 Malptened Grass Yard Component 2 Component 1 AppoX. 30' Veg a ":ARPO I A W I GTON ACR HOMEOWNERS ASSN INC 3291-07-5289-0000 Appox Property Line Legend Rip -rap EmbankmenuCoastal Wetlands 0 Slip C#) 50 Proposed Dredge Area (-1450 SP / —63.7 GY) Normal High Water Line (NHW verified by Jason Dail 1CMV25-123) Approx. Edge of Marsh (ECM) Line 14 Width otthe Waterbody Line 30 Vegetated Bulfer - - - - Proposed Tamp Spoil MsPosal Location (-283U 8F shown on Page 4� Water Depth Measurement Location 0 E -1.0' F -3.(Y G -t(Y H A.0' (measured below normal low water (BNLW) ,-J/4 Width Line Approx. Edge Channel (110C) Line 4&5 mt 6 (Per Jason Dail on 10/25123) X From: dlutheran(@segi.u3.<dlutheranPsegi.us> Sent: Friday, February 9, 2024 10:40:45 AM To: Harding, Kimberlee k <Kim berlee. Harding(cDdeq.nc.go >; Snider, Holley <holley.sniderPdeq.nc.gov>; andrew(@hampsteadnchomes.com <andrew(@hampsteadnchomes.com> Cc: Dunn, Maria T. <rnaria.dunn(@ncwildlife.org>; Luck, Cameron A <Cameron. Luck(@deQ. nc.gov>; 'Hair, Sarah E SAW' <Sarah. E.Hair(cD usace.army.mil> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kim, I would like to be there when you do your next site visit. Dana Dana A. Lutheran Regulatory Specialist LSE GWi mmmmw* Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, NC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Harding, Kimberlee k<Kimberlee.Harding(@deq.nc.gov> Sent: Friday, February 9, 2024 10:37 AM To: clutheral-Psegims; Snider, Holley <holle)�.snider(@deQ.nc.gov>; andrew(@hampsteadnchomes.com Cc: Dunn, Maria T. <maria.dunn(@ncwiIdIife.ong>; Luck, Cameron A <Cameron, Luck(@deQ.nc.gov>; 'Hair, Sarah E SAW' <Sarah. E. H a i r(d) usa ce.a rmy. m i I> Subject: Re: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Thank you that does help. I have not been able to explore the the area of the proposed boat lifts yet. However, at this point it is established that the mud bank behind the existing dock is SAV habitat. No new dredge is allowed in SAV habitat. The area is also a healthy shellfish habitat. We do not recommend dredging of this area based on the oysters that are visible. I did not check if there are clams or mussels present, i suspect there may be. Oyster relocations are for maintenance dredge projects. If a shellfish relocation is needed, that is a clear indication that dredging is not appropriate for the habitat. I have not been able to assess the bottom habitat where the boat lifts are proposed so I am not sure how much, if any of that footprint needs to be minimized. If it is the same mud bank, we will recommend no new dredge of that habitat. I am not recommending the removal of the boat lifts at this point, another site visit us needed. Kim From: dlutheran(@segi.ui<dlutheran(@seei.us> Sent: Friday, February 9, 2024 10:11:57 AM To: Harding, Kimberlee k <Kim berlee. Harding(cDdeq.nc.go >; Snider, Holley <hoIIey.snider(cDdeq.nc.gov>; andrew(@hampsteadnchomes.com <andrew(@hampsteadnchomes.com> Cc: Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Luck, Cameron A <Carneron.Luck(@deq.nc.gov>; 'Hair, Sarah E SAW' <Sarah. E. Hair(cD usace.army.mil> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. �CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. This is the best I can do. Hope that helps. Dana A. Lutheran Regulatory Specialist LSEGWi =3=* Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, INC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Harding, Kimberlee k <KimberIee.HardinR(@deq.nc.Rov> Sent: Friday, February 9, 2024 9:49 AM To: dlutheran(@segi.u_a; Snider, Holley <hoIIe)�.snider(@c1eQ.nc.gov>; andrew(@hampsteadnchomes.com Cc: Dunn, Maria T. <maria.dunn(cDncwiIdIife.orR>; Luck, Cameron A <Cameron. Luck(@dea. nc.gov>; 'Hair, Sarah E SAW' <Sarah. E. HairCcD usace.army. m il> Subject: Re: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Thank you Dana. It be more helpful to see the existing and proposed on one figure. From: dlutheranCo)segi.us <dIutheran(@segi.ua> Sent: Friday, February 9, 2024 9:42:43 AM To: Harding, Kimberlee k <Kim berlee. HardingCcDclea.nc.go >; Snider, Holley <hoIIey.snider(@dea.nc.Rov>; andrew(cDhampsteadnchomes.com <andrew(@hampsteadnchomes.com> Cc: Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Luck, Cameron A <Cameron. LuckCo)deq. nc.gov>; 'Hair, Sarah E SAW' <Sarah. E. Hair(@ usace.arm�. m il> Subject: RE: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Thank you, Kim. Here ya go. Dana A. Lutheran Regulatory Specialist LSEGWii w me=* Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, INC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Harding, Kimberlee k <Kimberlee.HardinRCcDdeg.nc.gov> Sent: Friday, February 9, 2024 9:13 AM To: clutheranCEDsegi.uX Snider, Holley <hoIIe�1.snider(@deQ.nc.gov>; andrewPhampsteadnchomes.com Cc: Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Luck, Cameron A <Cameron. Luck(@deq. nc.gov>; 'Hair, Sarah E SAW' <Sarah. E. Hair(d) usace.army. m il> Subject: Re: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. Hi Dana. I went to the site 1/24. 1 found 2 dormant eel grass rhizomes behind the floating dock. I have attached photos. It would be very helpful for review if you included a diagram including the existing structure. Thank you. Kim From: dIutheran(@seRi.u5 <dlutheran(@segi.us> Sent: Thursday, February 8, 2024 10:04:40 PM To: Snider, Holley <hoIIey.sniderC@deq.nc.gov>; and rewCcD ham pstead nchomes.com <and rewCo) hampstead nchomes.com> Cc: Harding, Kimberlee k <Kim berlee. Harding(@deQ.nc.go >; Dunn, Maria T. <maria.dunn(@ncwildlife.org>; Luck, Cameron A <Cameron. Luck(@deq. nc.gov>; 'Hair, Sarah E SAW' <Sarah.E.Hair(@usace.army.miI> Subject: [External] RE: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious ernails with the Report Message button located on your Outlook menu bar on the Home tab. Hello, Holley. Hope all is well with you. Your email is timely. I was working on modifying the site plan to reflect a reduction in the dredge footprint, as Kim Harding recommended, when she and I discussed the project not too long ago. That being said, the attached site plan shows the proposed dredge footprint has been adjusted to be at least 10' waterward of the coastal wetland line and has eliminated dredging under the gazebo, as much as possible. These efforts reduced the dredge footprint by approximately 450 square feet and the amount of material being dredged by approximately 43.3 cubic yards. There are a few oysters within the dredge footprint. They will be relocated prior to commencing with dredging. As for SAV, I have been to the site many times over the past few years and at different times of the year and never observed any SAV. I'd like to reach out to the DMF about this. Who made that site visit? It is my hope that the changes to the proposed plan demonstrate the applicant's desire to avoid and minimize impacts to aquatic resources. Should you still have concerns with it, please call me at 910.228.1841. Many thanks, Dana Dana A. Lutheran Regulatory Specialist §S E GWi, Southern Environmental Group, Inc 5315 South College Rd, Suite E Wilmington, NC 28412 910.452.2711 Office 910.228.1841 Mobile (preferred) From: Snider, Holley <hoIIe�,snider(@deQ.nc,gov> Sent: Thursday, February 8, 2024 12:44 PM To: Dana A. Lutheran <dlutheran(@segi.us>; and rew(cD hampstead nchomes.com Cc: Harding, Kimberlee k <Kim berlee. Hard'ng(@deq.nc.go >; Dunn, Maria T. <maria.dunn(@ncwiIdIife.org>; Luck, Cameron A <Cameron. Luck(@deq. nc.gov>; Hair, Sarah E SAW <Sara h.E. Hair(@ usace.arm)�. mil> Subject: DWR Project 20071357v3 - Smith, 715 Hughes Road, Pender Co. 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 DMIF and WIRC 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 IDWIR 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(cDdeq.nc.Ro 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 11 Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 *please note my email address has changed ho1Iey.snider(Mdeq.nc.gov* 4N=�4 Fi �M - -- ------- 127 Cardinal Drive Ext. 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 patties Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.