20240097 Ver 1_More Info Requested_20240604

From: Meilinaer, Michael J
To: Ryan Davenport
Cc: Hair, Sarah E SAW <Sarah.E.Hair(ausace.army.mil >(Sarah.E.Hai r(a)usace.army.mi1); Luck, Cameron A; Harrison,
James A; Dunn, Maria T.
Subject: Chappel/Cypress Bend Bulkhead DWR#20240097, SAW-2022-02208, PA-1246
Date: Tuesday, June 4, 2024 3:25:00 PM
Attachments: imaae001.pnna
Good afternoon,
On January 17, 2024, the Division of Water Resources (Division) received your CAMA
application for the subject project. The application proposes to install a new 190-foot
bulkhead that is 15-foot waterward of the existing bulkhead at 5005 and 5007 Holly Lane,
Morehead City, NC in Carteret County. DWR has concerns about the open water and coastal
wetland fill for the installation of the proposed bulkhead after the additional information was
received on May 24, 2024. The proposed bulkhead alignment located 15 feet waterward of the
existing bulkhead fails to demonstrate avoidance and minimization of impacts. The
reconfiguration and bulkhead waterward step from the existing bulkhead have not been
designed to avoid and minimize impacts to surface waters and wetlands. In the additional
information received on May 24, 2024, it was stated that a step out of 5 foot is possible. The
purpose and need for this step out was described and sealed by an engineer in the additional
information received on May 24, 2024, as providing Safer Height, Safer Construction, Efficient
construction, Environmental Compliance, and Costs. The Division has determined that your
application is incomplete and cannot be processed. The current application is on -hold
until all the following information is received:
Additional Information Requested:
1. Please provide a design that avoids and minimizes impacts to environmental resources
and design the wall and anchoring system to only step out 5-foot which was stated that
it was possible to comply with DWR's recommendation from previous additional
information request on May 8, 2024. The DWR believes that a 5 foot step out is adequate
to construct a new wall waterward safely while demonstrating avoidance and
minimization.
The Rules of 15A NCAC 02H .0506 (b)(1) require the DWR to evaluate projects to ensure that
impacts to surface waters and wetlands have been avoided and minimized and to ensure that
any remaining surface waters or wetlands and any surface waters downstream, continue to
support existing uses during and after project completion. The DWR believes that, as
proposed, negative impacts associated with the proposed bulkhead would degrade the
surface water and wetlands resulting in a violation of the following Water Quality Standards:
15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
In addition to the standards set forth in Rules .0220 and .0222 of this Section, the following
water quality standards shall apply to tidal surface waters that are used for shellfishing for

market purposes and that are classified SA.
(1) The best usage of waters classified as SA shall be shellfishing for market purposes and any
other usage specified by the "SB" or "SC" classification;
(2) The best usage of waters classified as SA shall be maintained as specified in this Rule. In
determining the safety or suitability of Class SA waters to be used for shellfishing for market
purposes, the Commission shall consider the existing water quality of the area in relation to
the standards to protect shellfishing uses, the potential contamination of the area from both
point and nonpoint sources of pollution, and the presence of harvestable quantities of
shellfish or the potential for the area to have harvestable quantities through management
efforts of the Division of Marine Fisheries. Waters shall meet the current sanitary and
bacteriological standards in 15A NCAC 18A .0400, which is hereby incorporated by reference,
as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any
source of water pollution that precludes any of these uses, on either a short-term or a long-
term basis shall be deemed to violate a water quality standard. Waters shall not be classified
SA without the written concurrence of the Division of Marine Fisheries.
(3) The following water quality standards shall apply to Class SA Waters:
(a) Floating solids, settleable solids, or sludge deposits: none attributable to sewage,
industrial wastes, or other wastes;
(b) Sewage: none;
(c) Industrial wastes or other wastes shall not be allowed unless they are treated in
accordance with the permit or other requirements established by the Division pursuant to G.S.
143-215.1; and
(d) Organisms of the fecal coliform group shall meet the bacteriological standards in 15A
NCAC 18A .0431(4).
15A NCAC 02B .0224 WATER QUALITY STANDARDS FOR HIGH QUALITY WATERS
(a) High Quality Waters (HQW) are a subset of "waters with quality higher than the standards"
as defined in Rule .0202(58) of this Section. This Rule shall be implemented in order to meet
the requirements of Rule .0201(d) of this Section.
(b) High Quality Waters (HQW) shall include:
(1) water supply watersheds that are classified as Class WS-1 or WS-11;
(2) waters classified as Class SA; and
(3) surface waters of the State that the Commission classifies as HQW upon finding that such
waters are:
(A) rated excellent based on biological and physical/chemical characteristics through
monitoring or special studies; or
(B) primary nursery areas (PNA) and other functional nursery areas designated by the Marine
Fisheries Commission or the Wildlife Resources Commission.
15A NCAC 02B .0231 WETLAND STANDARDS
(a) Wetlands shall be assigned to one of the following classifications:
(1) Class WL: waters that meet the definition of wetlands as defined in Rule .0202 of this
Section except those designated as SWL; or

(2) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC
07H .0205, which are landward of the mean high water line, and wetlands contiguous to
estuarine waters as defined by 15A NCAC 07H .0206.
In addition, the EMC may classify wetlands as unique wetlands (Class UWL) that are of
exceptional State or national ecological significance which require special protection to
maintain existing uses. Class UWL wetlands may include wetlands that have been
documented as habitat essential for the conservation of State or federally listed threatened or
endangered species.
(b) The water quality standards for all wetlands are designed to protect, preserve, restore, and
enhance the quality and uses of wetlands and other waters of the State influenced by
wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to maintain dry
weather streamflow and, at other locations or times, groundwater recharge that replenishes
the groundwater system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that
would otherwise have an adverse impact, as defined in 15A NCAC 02H .1002, on the quality of
other waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and water
velocity and stabilization of sediments;
(6) Habitat for the propagation of resident wetland -dependent aquatic organisms, including
fish, crustaceans, mollusks, insects, annelids, planktonic organisms, and the plants and
animals upon which these aquatic organisms feed and depend upon for their needs in all life
stages; and
(7) Habitat for the propagation of resident wetland -dependent wildlife species, including
mammals, birds, reptiles, and amphibians for breeding, nesting, cover, travel corridors, and
food.
(c) The following standards shall be used to assure the maintenance or enhancement of the
existing uses of wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may
cause adverse impacts on existing wetland uses;
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all 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.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested
on the link is referenced above).
If all the requested information is not received within 30 calendar days of receipt of this letter,
the DWR will move to deny your application as required by 15A NCAC 2H.0506. 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
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
If you have any further questions, please feel free to contact me.
Michael Meilinger
Environmental Specialist II
NC DEQ DWR Wilmington Regional Office
Office Phone: [phone]
Q:>
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.