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HomeMy WebLinkAbout20080703 Ver 1_More Info Letter_20080717d?0? WA T?9pG Michael F. Easley, Governor ' William G. Ross Jr., Secretary r? North Carolina Department of Environment and Natural Resources (1 Coleen H. Sullins, Director Division of Water Quality July 17, 2008 DWQ Project # 08 0703 Carteret County CERTIFIED MAIL: 7007 0220 0000 8224 7809 RETURN RECEIPT REQUESTED David G. Hooks 14 Meridan Road Stafford, VA 22556 Subject Property: 422 Safe Harbor adjacent to Goose Creek Carteret County REQUEST FOR MORE INFORMATION Dear Mr. Hooks: On April 17, 2008, the Division of Water Quality (DWQ) received your CAMA application dated April 14, 2008 to install boat lifts within existing boat slips. The DWQ issued you a letter of no written concurrence required for the project on May 7, 2008. This letter rescinds that document. This Office was notified by the Division of Coastal Management (DCM) that there were no existing slips at the subject property. The proposed new boat slips are located within a Primary Nursery Area (PNA) as designated by the NC Division of Marine Fisheries NC DMF). The NCDMF has determined that the proposed project (new slips) would cause significant adverse impacts to the PNA and is recommending denial. The impacts to the PNAs would be considered a degradation of waters, which would result in violations of the following Water Quality Standard 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 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506©(1)-(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H .0231. Therefore unless modifications of the proposal are made to alleviate the concerns of DMF, we will recommend moving towards 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. Mailing Address Phone (919) 807-6300 Location 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: wryrw.ncwateraualitv.ore Customer Service 1-877-623-6748 NoAhCarohna Natzmaliff An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Page Two David G. Hooks DWQ Project # 08 0703 July 17, 2008 If the project is modified to address the concerns of the DMF and there are no other objections, DWQ will have no objection to the project. Please respond within three weeks of the date of this letter by sending this information to me in writing and Ian McMillan of the 401 Oversight/Express Review Permitting Unit. His address is Ian McMillan, 401 Oversight/Express Review Permitting 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 Joanne Steenhuis at 910.796.7215 or Ian McMillan at 919-733.1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sinc /344A-- Ed Beck Regional Supervisor Surface Water Protection Section cc: Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh Dave Timpy - USACE Wilmington Regulatory Field Office Becky Fox - EPA Central Files Doug Huggett - DCM Morehead Heather Styron - DCM Morehead Trish Murphey - Division of Marine Fisheries WiRO ?'A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM: DATE: July 14, 2008 TO: Trish Murphy, DMF Ron Sechler, NMF Joanne Steenhuis, DWQ Patti Fowler, Shellfish Sanitation Thru: Tere Barrett FROM: Heather StyronWY6 Subject: Field Report Errors - CAMA. Major Permit - David Hooks (422 Safe Harbor Drive), Carteret County Since the initial submittal for the David Hooks Major request it has been found that the slips addressed in the field report as existing do not exist. The original general permit for this pier did not authorize slips. The existing pier and platform meet the specific and general use standards per 7h.208 with the width of the water body at 618' and the pier and platform at a total length of 150' from the waterward edge of the marsh. Water depths around the existing pier and platform are an average of - 1.5' NLW. There is a significant shellfish resource along this shoreline; however, none were observed during numerous field visits at the existing platform and proposed lift area. Please send all comments for this project to Daniel Govoni: Assistant Major Permitting Coordinator. Cc: Doug Huggett, DCM Tere Barrett DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper jv? Aft I 1 0 To: Doug Huggett Major Permits Processing Coordinator From: Patricia L. Murphey Marine Biologist Supervisor Date: 7/15/08 Re: Field report revision on 422 Safe Harbor, c/o David Hooks, Newport, Carteret County North Carolina Division of Marine Fisheries (DMF) staff has reviewed the additional comments regarding the field report and the non-existence of boat slips on this pier as well as conducted a site visit. The applicant proposes to construct a 12.5 x 8.5 ft boatlift on an existing pier in Goose Creek a Primary Nursery Area (PNA). Water depths are approximately -1.5 ft NLW. The DMF recommends denial of this permit because of its location within a shallow water PNA because of impacts to bottom habitat from prop dredging.