20181471 Ver 1_DMF comments_20181221 (3)

Strickland, Bev
From: Mairs, Robb L
Sent: Friday, December 21, 2018 3:38 PM
To: Staples, Shane; Bodnar, Gregg
Cc: Deaton, Anne; Dunn, Maria T.; Twyla Cheatwood - NOAA Federal; Hair, Sarah E CIV
CESAW CESAD (US)
Subject: RE: Robin Comer - DMF comments
Attachments: 20181471v1 comber on -hold letter dec. 21 2018.docx.pdf
WH
Attached is our additional information/on-hold letter that will be going out to the applicant.
Thanks and hope everyone has a nice Christmas and New Year.
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairs(a)ncdenr.gov
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Staples, Shane
Sent: Thursday, December 20, 2018 12:09 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Deaton, Anne <[e-mail]>; Dunn, Maria T. <[e-mail]>; Mairs, Robb L
<[e-mail]>; Twyla Cheatwood - NOAA Federal <[e-mail]>
Subject: Robin Comer - DMF comments
G regg,
Attached are NCDMF comments for the Robin Comer project for the campground and marina. We are still requesting
further minimization of the project size due to concerns over habitat impacts. Let me know if you need anything further.
Shane

Shane Staples
Fisheries Resource Specialist
Division of Marine Fisheries
North Carolina Division of Environmental Quality
252-948-3950 office
[e-mail]
943 Washington Square Mall
Washington, NC 27817

DocuSign Envelope ID: 7F013472 COCD 420D CZ 3E99E8339A47
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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NORTH CAROLINA
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December 21, 2018
DWR Project #2018-1471
Carteret County
CERTIFIED MAIL: 70171450000039373295
RETURN RECEIPT REQUESTED
Robin Comer
400 Wetherington Landing Road
Stella, NC 29582
Subject Property: 418 Wetherington Landing Road -Shorefront R/V Park Marina
Carteret County
REQUEST FOR MORE INFORMATION
Dear Mr. Comer:
On October 26, 2018, the Division of Water Resources (DWR) received your CAMA application dated
September 5, 2018 to allow for the development of a 56 -space campground with associated parking
area, access road, shoreline stabilization and a 96- slip open water marina facility. The Division has
additional questions about the proposed work and has determined that additional information is
necessary to process your application. The application is on -hold until all of the following information
is received:
Additional Information Requested
Mr. Shane Staples of the North Carolina Division of Marine Fisheries (DMF) sent a memo on December
20, 2018 (see attached) outlining ongoing concerns with the total number of slips proposed. These
concerns were not fully addressed in the revised project design dated November 29, 2018, and DMF still
has concerns over potential negative impacts to shallow bottom habitat and Primary Nursery Area
(PNA). The Division of Water Resources believes these impacts to PNA would remove use and degrade
the waters, resulting in violation of the following Water Quality Standards:
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: 7F013472-COCD-420D-B079-3E99E8339A47
15A NCAC 0213 .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 (c)(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 0213 .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 Shane Staples of DMF at [phone] or [e-mail] to try and resolve
this issue or revise the application to reduce the number of slips of the project. If these issues are not
resolved, DWR will have to move to deny your application as required by 15A NCAC 2H .0506. If these
concerns are addressed to the satisfaction of DMF, the DWR will have no objection.
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of 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 reapplication
to the Division for approval, including a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of
all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov

DocuSign Envelope ID: 7F013472-COCD-420D-B079-3E99E8339A47
Please contact Robb Mairs at 910.796.7303 or [e-mail] or myself at 910.796.7218 or
[e-mail] if you have any questions or concerns.
Sincerely,
EDocuSigned by:
S -moi 6"
E3ABA14AC7DC434...
Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: DMF MEMO
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
Shane Staples, NCDMF WaRO (via email)
Chase Cullipher, The Cullipher Group, P.A. (via email) [e-mail]
DWR 401 & Buffer Permitting Branch file -LF
WiRO
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.deg.nc.gov