19961054 Ver 2_More Info Letter_20090716

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H, Sullins
Director
July 16, 2009
Dee Freeman
Secretary
DWQ Project # 96-1054v2
New Hanover County
Bennett Brothers Yachts, Inc.
Ms. Tricia Bennett
1701 J.E.L. Wade Drive
Wilmington NC 28401
Subject Property: Bennett Brothers Yachts Maintenance Dredging
REQUEST FOR MORE INFORMATION
To Ms. Bennett
On July 1, 2009, the Division of Water Quality (DWQ) received your CAMA application to hydraulically dredge
within the footprint of your existing marina. 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:
1. This project appears to propose dredging in areas of Primary Nursery Areas (PNA's) that have not been
previously dredged. Comments from the North Carolina Division of Marine Fisheries (DMF) and North
Carolina Wildlife Resources Commission show concerns that your proposed project would cause
significant adverse impacts to the primary nursery area as identified by DMF. This would be considered a
degradation of waters, which would result in violations of the following Water Quality Standards:
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 .05060(1)-(5) in determining the potential
impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H .0231.
15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
(1) Best usage of waters. Aquatic life propagation and maintenance of biological integrity (including fishing
and functioning PNAs), wildlife, secondary recreation, and any other usage except primary recreation or
shellfishing for marketing purposes.
(2) Conditions Related to Best Usage. The waters shall meet the current sanitary and bacteriological standards
as adopted by the Commission for Health Services and shall be suitable for shellfish culture; any source of
water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-
term or long-term basis shall be considered to be violating a water quality standard.
Please contact Rich Carpenter of DMF and Molly Ellwood of NCWRC at [phone] to try and
resolve this issue.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ?aturallt?
An Equal Opportunity 1 Affirmative Action Employer
2
Bennett Brothers Yachts
New Hanover County
1996-1054v2
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,
Chad Coburn
Senior Environmental Specialist
cc: Bruce Marek - 5489 Eastwind Road, Wilmington, NC 28403
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - U SACE Wilmington Regulatory Field Office
Rich Carpenter - DMF Wilmington
Molly Ellwood - WRC Wilmington
Steve Everhart - DCM Wilmington Office
Doug Huggett - DCM Morehead Office
W iRO