20160352 Ver 1_Use Attainability Analysis - Director Signature_20160922

�tl t
a. t,
{1
Wates ReSourres
ENVIRONMENTAL. QUALITY
PAT MCCRORY
DONALD R. VAN DER VAART
,;
S. JAY ZIMMERMAN
DIVISION OF WATER RESOURCES
USE ATTAINABILITY ANALYSIS FOR
PROPOSED MARINE PROJECTS IN CLASS SA WATERS
(Check All Appropriate Boxes or Fill in Blanks)
Project Name: Broad Creek Pier System and Breakwater
Section I. Project Description
A. New Marina
B. New Basin (dug out of high ground)
(Include Specifications and Sketch)
Existing Basin Expansion
(Include Specifications and Sketch)
_X Natural Waters
Others (Please Describe Below)
C. Proposed No. of Slips _29
Existing No. of Slips _28
X _ Marina Expansion
D. Commercial Marina
Private Marina
Publicly Owned Marina
-X _ Other (Please Describe Below)
_The North Carolina Seafood Industrial Park Authority owns the subject property.
E. Description of Any Unique Characteristics or Operational Proposals.
None.
Section II. Existing Use Determination (for waters outside of marina basins).
A. Closure Status (check one)
Open Waters
_X_ Closed Waters (by data) Date Closed Since 06/29/07
Closed Waters (DHS Marina Policy)
B. Will the proposed project result in additional closed acreage? (Please attach
analysis showing calculations for area of closure).
Yes _X_ No
Not Clear
C. Does the area to be effected by any closure have significant shellfish resources?
Yes _ _ No
X Unknown
State of North Carolina I Envirorunental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Briefly provide description of resource and any other characteristics.
was closed to shellfishing due to various pollution sources making it unlikely that S lliiish Sanitation will
-op...attached email dated September06
D. Has the area to be impacted by the proposed project been available for shellfish
harvesting and has shellfish harvesting occurred since November 28, 1975?
_XV Yes _ _ No Unknown
E. Is the entire area to be impacted by the proposed project currently unavailable for
shellfishing because of the DHS Marina Policy or other irretrievable man induced
impact?
Yes No
If yes, briefly describe below.
The area has been closed for shellfish harvest since June 29, 2007( See Email from
September 1, 2016).
Section III. Attainable Use Determination (to be completed only if the answer to II.A. is Closed
Waters (by data), and if the answers to ILD and II. E are No.
A. What are the major sources of pollution causing the closure?
_Increased commercial/industrial development along the shoreline, a constructed wetland in the area
(significant number of birds and outfall pipe draining from the constructed wetland) and marina project
within the subject section of shoreline.
B. What actions are required to reduce or eliminate these existing sources of
pollution?
_The existing use of the area would have to be altered.
C. Can the areas be expected to be open for shellfishing given reasonable efforts to
control the existing sources of pollution? Explain.
_Measures to control stormwater would have to be installed, marinas would have to be removed and
wildlife control measures would have to be put in place.
Section IV. Project Decision
A. Recommend Project Denial
There has been a recent shellfishing use (answer to II. E is Yes) and the area is
not currently irretrievably closed (answer to 11. F is No).
M
No
Shellfishing is a reasonably attainable use according to Section III.
Insufficient information (answers to 11. D and/or II. E or Unknown).

B. Recommend Project Approval
There has not been a recent shellfishing use (answer to II. E is No) and
shellfishing is not reasonably attainable use according to Section III.
OR
_X_ The entire area is irretrievably lost to shellfishing as a result of the DHS
policy or other irreversible man -induced impact (answer to II. E is Yes).
C. Conditions to be included in permit (check appropriately)
Pump -out facilities Only Boats w/o Heads
_X_ Locked -head Policy _X_ Stormwater Permit
No Transient Docking _X_ Compliance with Buffer Rules
_X_ No Live-aboards SPCC Plan for Fuel Storage
D. What additional information is required to make an informed permit decision?
This evaluation of the attainability of shellfish uses in the waters in the vicinity of Broad
Creek is approved by:
401 and Buffer Permitting Section.1 (Office)
Date
Director's Office
Date
S. Jay Zimmerman, Director