20180258 Ver 1_On Hold_20180315

State of North Carolina | Environmental Quality
1611 Mail Service Center | Raleigh, North Carolina 27699-1611
919-707-9000

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director Water Resources
Environmental Quality

March 15, 2018
DWR Project #2018-0258
New Hanover County
MREC-Tidalwalk, LLC
Mr. David Jones
516 Northwest Street
Raleigh, NC 27603

Subject: SECOND REQUEST FOR ADDITIONAL INFORMATION
Tidalwalk Community Dock Dredging Proposal

Dear Mr. Jones,

On February 20, 2018, the Division of Water Resources (DWR) received your CAMA Major
Permit application requesting a 401 Water Quality Certification for the project above. On March
13, 2018, the DWR notified you by letter that your proposal would have adverse impacts upon
water quality and could potentially lead to a violation of our Antidegradation Policy [15A NCAC
02B .0201]. On March 14, 2018, the DWR received your response via email asking to proceed
with our review of the application as it was submitted. Therefore, the DWR has determined that
your application is incomplete and cannot be processed. The application is on-hold until the
following information is received:

1. According to the information within the submitted CAMA Major Permit application, you
are proposing new dredging within an area that is classified by the DWR as SA,
Outstanding Resource Waters (ORW), and are also designated as a Primary Nursery Area
(PNA) by the Division of Marine Fisheries. In addition to 15A NCAC 02B .0201, new
dredging of a PNA would also cause a violation of the following rule:

15A NCAC 02B .0221(2) “Conditions Related to Best Usage: waters shall meet
the current sanitary and bacteriological standards as adopted by the Commission
for Public Health and shall be suitable for shellfish culture. Any source of water
pollution which precludes any of these uses, including their functioning as
PNA’s on either a short-term or long-term basis shall be considered to be
violating a water quality standard.” [Per N.C.G.S 143-213(19), “The term ‘water
pollution’ means the man-made or man-induced alteration of the chemical,
physical, biological, or radiological integrity of the waters of the State, including
but specifically not limited to, alterations resulting from the concentration or
increase of natural pollutants caused by man-related activities.”]

DocuSign Envelope ID: C124C69A-5F38-4D5C-A632-F5783C22E27B
MREC-Tidalwalk
New Hanover County
2018-0258
Page 2 of 2

2. Please explain how your proposal would not cause a violation of State water quality
standards. Unless you can demonstrate that your proposed project will not cause a violation
of water quality standards, the DWR will be forced to move towards denial of your
application.

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all the above requested
information for the proper consideration of the application. If all the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to
approve the application and it will be returned. The return of this project will necessitate the
reapplication to the Division for approval, including a complete application package and the
appropriate fee. Please contact Chad Coburn at 910-796-7379 or by e-mail
[e-mail] if you have any questions or concerns.

Sincerely,

Morella Sanchez-King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office
Steve Morrison – Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
WiRO

DocuSign Envelope ID: C124C69A-5F38-4D5C-A632-F5783C22E27B