20141082 Ver 3_DWR Response to Consultants_20190802

From: Scarbraugh. Anthony
To: Mike Morway
Cc: Bodnar. Gregg; John Delucia; Jamie Hatchell; Edgerton, Thom; Tankard, Robert; Bodnar, Gregg; Renaldi, Ronald
Subject: RE: [External] Wanchese Marina
Date: Friday, August 2, 2019 7:44:00 AM
Attachments: 20141082 Ver 2 - Staff Comments to Applicant on Wanchese Marina - CAMA M .... Ddf
20141082 Ver 3 No Written Concurrence 20180305.pdf
Mr. Morway,
Please see the response to your inquiries below. If this doesn't resolve your concerns, I would recommend a meeting
at our office to discuss your concerns with the respective agencies.
Regards,
Anthony Scarbraugh
Antbany Scarbraugh
EnV2-ronmental Suecialisi ff dater Resources
■I/ North Carolina Department of Environmental Quality
252-948.3924 (Office)
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From: Mike Morway[mailto:[e-mail]]
Sent: Thursday, August 1, 2019 5:35 PM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>; John Delucia<[e-mail]>; Jamie Hatchell
<[e-mail]>
Subject: RE: [External] Wanchese Marina
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Thank you very much for the response Anthony. I was out of the office yesterday afternoon and nearly all of today so I
apologize for the delay.
I had done quite a bit of review of the applicable regulations over the past couple of weeks and read through most if
not all of the document in the link you provided. I understand the project is a "marina" as defined 15A NCAC 07H
.0208(b)(5), we certainly are not questioning that point. I am not seeing where the fact that a project is a marina brings
about the requirement that it needs to obtain a NCG190000 permit. There a numerous documents in the link provided
which indicate that a marina that provides vehicle maintenance (including washing) requires NCG190000. Below is a
screenshot from the link you provided that directly states this point.

NCG190000 NPDES General Stormwater Permit
The NCG190000 permit is required for the following types of facilities:
1. SIC 4493 G : Marinas who provide vehicle (also known as vessel)
maintenance. VehlcLe maintenance activities may include. pressure -washing,
commercial hand -washing, painting, paint removal. sand blasting, boat building
and repairs.
2, SIC 373E ; Ship/Boat Building and Repairing facilities.
If in fact ANY project that qualifies as a marina is required to obtain NCG190000, has this been a recent change? The
was a CAMA permit issued on 3/28/2018 for this project and there was not a requirement to obtain NCG190000 at
that time.
I have copied Mr. Thom Edgerton with DEMLR regarding the requirements on the NCG190000. Please see the email to
Mr. Delucia dated February 15, 2018 regarding the requirements on an NCG190000 permit from the previous minor
modification request received by the DWR on January 31, 2018.
Regarding comment #3 —There is a fish rinse station on the site that has been in place for a long time. Dumpsters are
provided within the cleaning area for disposal of waste. I am not understanding what aspect of the 2019 submittal
triggered this requirement that did not apply in the 2018 submittal. We are not requesting any new fish cleaning /
packing / processing facilities so I am not understand why we would be pursuing NCG530000.
The wastewater generated from cleaning of the fish for commercial use will trigger the requirements for the
NCG530000. As for the previous authorization issued 401 Water Quality Certification issued under DWR Project No.
14-1082 V2 (attached) on March 5, 2018 that required no written concurrence from the Division, no information was
provided regarding cleaning station in the minor modification request package.
Thank you,
Sincerely,
Michael J. Morway, PE
Albemarle and Associates, LTD
PO Box 3989
Kill Devil Hills, NC, 27948
Ph: 252-441-2113
Fx: 252-441-0965
email: mikem _ albemarleassociates.com
web: www.albemarleassociates.com
The information contained in this email message and any
attachments is confidential information intended only for the use of individuals
or entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating
address.

From: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Sent: Wednesday, July 31, 2019 9:07 AM
To: Mike Morway <mikem analbemarleassociates.com>
Cc: Bodnar, Gregg <greee.bodnar(a ncdenr.gov>; John Delucia <johndna albemarleassociates.com>
Subject: RE: [External] Wanchese Marina
Mr. Morway,
See response to your questions below.
Regards,
Anthony Scarbraugh
LEr�viroW?Z0 ,21 Speefa2is1 11 Water Resources
North Carollm Deparmient ofEnvi Environmental Quahh
252.948.3924 (Office)
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From: Mike Morway[mailto:mikem(@albemarleassociates.com]
Sent: Tuesday, July 30, 2019 5:16 PM
To: Scarbraugh, Anthony<anthony.scarbraugh(@ncdenr.gov>
Cc: Bodnar, Gregg <gregg.bodnarPncdenr.gov>; John Delucia<johnd(@albemarleassociates.com>
Subject: [External] Wanchese Marina
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Good Afternoon Anthony,
I hope things are well with you. John Delucia has been pretty busy and had asked me to assist with the Wanchese
Marina. Unfortunately I have not been involved in the project and has thus taken me some time to look through the
project history and understand were the project currently stands. I understand that the recent submittal was a
modification to a previously approved application in which the following was being requested:
- Rebuild former fish house on existing building pad (1920 sf)
- Construct finger pier for proposed boats lips (26-81)
- Replace portions of existing bulkhead
- Widen Channel entrance to north basin
- Repair existing wooden walkway
In reviewing your comments, It appears that #1 & #2 are related. As I follow the requirements, installing a boat wash
would trigger the need to obtain NCG19000. However, I cannot see where installing a boat wash has been identified
on the plan or otherwise noted in application or narrative. Can you please let me know what has triggered comments 1
& 2?
The activities as proposed would be considered a marina as defined under 15A NCAC 07H .208(b)(5) and therefore
must met the requirements of NCG190000 (see link below for information). Additionally, if no maintenance activities
are to take place on the site including washing down of boats then state that in your response. If maintenance
activities are to take place then the requirements under 15A NCAC 02T .1003(a)(3) (see attached) will have to be met.

Guidance Tools for Marinas and Boatyards:
htt sp •//deq.nc.gov/about/divisions/water-resources/water-resources ep rmit-guidance/wetlands-com lip ance-
assistance/marinas
Comment #3 refers to the requested "rebuilding fish house'. In discussing this with the owner, it is not the intent that
the rebuilt structure would be utilized as a "fish house" for processing or packing seafood. I am assuming it was used as
such in the past which explains why it was labeled that way. The intent is to utilize the structure for storage of
equipment in support of the surrounding fishing activities.
As stated above in previous response, the facility is a marina and provides the serve of fish cleaning via the existing
cleaning station and therefore the requirements for a NCG530000 (see link) or individual permit are applicable. Unless
wastewater generated during the cleaning activities is captured and treated via on-site or off-site permitted
wastewater facility.
Fish & Seafood Packing/Rinsing/Fish Farms
htt sp •//deq.nc.gov/about/divisions/water-resources/water-quality permitting/npdes-wastewater/npdes-permitting-2
Please review this items and contact me as soon as you can. I apologize I have not been able to reach you earlier, as I
noted it has taken me some time to wrap my hands around what the project is about. I left you a message earlier this
afternoon, so hopefully with this information we can have a brief conversation and understand what needs to happen
to proceed, as I believe we are nearing the response date. Please call me at the number below, or on my mobile at
252-599-6441. 1 should be in the office most of tomorrow, but not so much on Thursday. You can reach me at one of
those numbers.
Thank you for you help with this project,
Michael J. Morway, PE
Albemarle and Associates, LTD
PO Box 3989
Kill Devil Hills, NC, 27948
Ph: 252-441-2113
Fx: 252-441-0965
email: mikemO)albemarleassociates.com
web: www.albemarleassociates.com
The information contained in this email message and any
attachments is confidential information intended only for the use of individuals
or entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this email in error, please notify us immediately by email at the originating
address.

Strickland, Bev
From: Scarbraugh, Anthony
Sent: Thursday, February 15, 2018 7:45 AM
To: '[e-mail]'
Cc: Edgerton, Thom; Jennings, Frank; Bodnar, Gregg
Subject: Wanchese Marina - CAMA Major Permit
Mr. Delucia,
This Office would like to remind you that the proposed activity will require that your client obtain a General Permit No.
NCG190000 for the from the Division of Energy, Mining and Land Resources. For information regarding the permit
requirements you may contact Mr. Thomas Edgerton at [e-mail] or [phone]. By obtaining
the necessary stormwater permit will address any concerns by the Division of Water Resources regarding possible
impacts to waters from the proposed activity.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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NOTA CAMA PERMIT
March 5, 2018
Wanchese Marina, LLC
Attn: Mr. Mikey Daniels
200 Northgate Plaza Commerce Parkway
Suffolk, VA 23435
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MICHAEL S. REGAN
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DWR # 14-1082 V2
DARE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
WANCHESE MARINA (4505 MILL LANDING ROAD, WANCHESE)
Dear Mr. Daniels:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification
request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the
CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE).
This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification #4144 (GC 4144), the impacts described in your
application do not require written authorization to utilize GC 4144. However, you are required to follow
the conditions listed in the attached certification. You should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Pos tat Service: If sending via delivery service (UPS, FedEx,
etc.):
Sulk or tiorth Carolina 1 Environmental Quality I Water Resources -Water Qulity Regional Operations Section -Washington Regional Office
943 Wmilington Squary Mall, Washington. North Curolina ]7889
2i? k146-6-181

WANCHESE, MARINA, LLC
DWR# 14-1082 V2
401 APPROVAL
Page 2 of 2
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252-948-3924 or anthon .scarbrau h ncdenr. ov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Yvonne Carver, DCM Elizabeth City (via email)
Josh Pelletier, USAGE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
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