20080535 Ver 1_More Info Letter_20080523

O?pF W ATFgPG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
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C Alan W. Klimek, P.E. Director
Division of Water Quality
May 23, 2008
DWQ Project # 08 0535
Carteret County
CERTIFIED MAIL: 7007 0220 0000 8224 7793
RETURN RECEIPT REQUESTED
Mariner's Bay, LLC
Attn: Frankie W. Pendergraph
PO Box 19691
Raleigh, NC 27619
Subject Property: Mariner's Bay Subdivision, Newport
Carteret County
REQUEST FOR MORE INFORMATION
Dear Ms. Pendergraph:
On March 20, 2008, the Division of Water Quality (DWQ) received your 401 application dated March 15,
2008 and additional information received on April 4, 2008 to fill 0.0466 acres of wetlands for lot fills
within the proposed subdivision. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
Trish Murphey of the North Carolina Division of Marine Fisheries (DMF) sent out a memo (see attached)
that your proposed project would cause significant adverse impacts to the primary nursery areas (PNAs)
identified by DMF. This would be considered a degradation of waters, which would result in violations
of the following Water Quality Standard
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water
quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be
evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a water
quality certification pursuant to these procedures shall not be considered to remove existing uses. The
evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or
stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506©(1)-(5) in
determining the potential impact of the proposed activity on the existing uses of the wetland per 15A
NCAC 2H .0231.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Page Two
Mariner's Bay, LLC
Attn: Frankie W. Pendergraph
DWQ Project # 08 0535
May 23, 2008
Please contact Trish Murphey of DMF at 252.726.7021 to try and resolve this issue or revise the application
to remove the wetland fills. If the fill areas are removed from the proposed project, the DWQ will have no
objection.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. If we do not
hear from you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910.796.7215 or Ian McMillan at
919.715.4631 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Steenhuis
Environmental Specialist
Attachment
cc: Ginger Turner - Stroud Engineering
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Mickey Sugg - USACE Wilmington Regulatory Field Office
Trish Murphey - DMF
Stephen Rynas - DCM Morehead Office
Central Files
WiRO
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
April 21, 2008
Ms. Cyndi Karoly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project #08-0535
Mariner's Bay, LLC
c/o Frankie W. Pendergraph
Dear Cyndi:
The Division of Marine Fisheries has read the resubmitted application materials associated
with the above referenced DWQ project and has objections which are described in the attached
memorandum. If you have any questions, please do not hesitate to contact me.
Sincerely,
Anne Deaton, Chief
Habitat Protection Section
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
Memo
To: Cyndi Karoly
401 Wetlands Unit
From: Patricia L. Murphey fw-
Marine Biologist Supervisor
Thru: Mike Marshall *ZIA&,_
Central District Manager
Date: 4/15/2008
Re: Mariner's Bay, LLC, c/o Frankie Pendergraph, Carteret County
North Carolina Division of Marine Fisheries (DMF) staff has
reviewed the referenced 401 Water Quality Certification. The applicant
proposes to construct an 11-lot subdivision with multifamily units on
waterfront lots adjacent to the Goose Creek Primary Nursery (PNA)
located in Bogue Sound. The applicant is proposing to fill 0.069 acres on
404 wetlands that are adjacent to coastal marsh. DMF recommends that
the 404 wetlands not be filled. The filling of 404 wetlands will have
significant adverse impacts to this PNA. PNAs are defined in 15A NCAC
03N .0102 as "those areas in which for reasons such as food, cover,
bottom type, salinity, temperature and other factors, young finfish and
crustaceans spend the major portion of their initial growing season."
The applicant also proposes that a total of 24.13% of the tract will
be covered with impervious surfaces. DMF is deeply concerned about
permitting impervious surface coverage at this rate because the Coastal
Habitat Protection Plan (2005) makes the finding that impervious surface
coverage must be limited to 12% to prevent additional water quality and
habitat degradation. The Hard Clam and Oyster Fishery Management
Plans (2001) also make the finding that, to maintain sustainable harvest in
those fisheries, water quality needs to be restored in conditionally
approved shellfish harvest areas. In order to accomplish this restoration,
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Caolina
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data indicate impervious cover adjacent to SA waters should be limited to
10%. Failure to reduce stormwater runoff into conditionally approved
shellfish harvest areas has resulted in fewer temporary openings for
shellfish harvest and increases in closures to shellfish harvest. These
results run contrary to the objective of restoring water quality in these
areas.
Street, M.W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005.
North Carolina Coastal Habitat Protection Plan. North Carolina
Department of Environment and Natural Resources, Division of Marine
Fisheries, Morehead City, NC. 656 pp.
NCDENR. 2001. North Carolina Oyster Fishery Management Plan. North
Carolina Department of Environment and Natural Resources. North Carolina
Division of Marine Fisheries, PO Box 769, Morehead City, NC. 225p.
NCDENR. 2001. North Carolina Hard Clam Fishery Management Plan. North
Carolina Department of Environment and Natural Resources. North Carolina
Division of Marine Fisheries, PO Box 769, Morehead City, NC. 195p.
Cc: Joanne Steenhuis