20040337 Ver 3_Staff Comments_20170208

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary,
Water Resources S. JAY ZIMMERMAN
Environmental Quality Director
TO: Karen Higgins — NCDEQ Division of Water Resources 401 & Buffer Permitting Unit
Supervisor
FROM: Robb Mairs - Environmental Senior Specialiste
THROUGH: James H. Gregson, Regional Supervisor Surface Water Prote tion Section
DATE: February 8, 2017
SUBJECT: DWR Project 20040337 V3 Waters Edge Marina at Jimmy's Island, Fender Co.
The Wilmington Regional Office (WiRO) of the Division of Water Resources (DWR) has reviewed
the Water's Edge Marina's application dated received on January 18, 2017 for the proposed
dredging of Submerged Aquatic Vegetation (SAVs), which is just north of Mill Creek and adjacent
to a segment of the Atlantic Intracoastal Waterway within Topsail Sound designated by the DWR
as Outstanding Resource Waters (SA-ORW). The WiRO continues to recommend that the project
be denied due to inconsistency with the following current rule:
15A NCAC 0213.0225(c) (2) for Outstanding Resource Waters
States that for: "Saltwater: Water quality conditions shall be maintained to protect the outstanding
resource values of waters classified ORW. Management strategies to protect resource values
shall be developed on a site-specific basis during the proceedings to classify waters as ORW.
New development shall comply with the stormwater provisions as specified in 15A NCAC 02H
.1000. Specific stormwater management requirements for saltwater ORWs are described in 15A
NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased
buffer zones, to be determined on a case-by-case basis. No dredge or fill activities shall be
veuetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031
.0101(b)(20)(A) and (B), 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. A public hearing is mandatory for any proposed permits
to discharge to waters classified as ORW.
cc: Liz Hair, USACE
Heather Coats, NCDCM
WiRO File
-^rNothing Compares°=-__
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215