HomeMy WebLinkAbout20090936 Ver 1_Staff Comments_20091207Mcmillan, Ian
From: Steenhuis, Joanne
Sent: Monday, December 07, 2009 11:51 AM
To: Mcmillan, Ian
Subject: 4 revised denials
Attachments: 090909James Snead (Carteret)Denia1.doc; 090936AIvinRaynorLot1(Carteret)Denial. doc;
090983Mark Gol itz(Carteret) Denial. doc; 091009William Teague(Carteret)Denial.doc
Ian,
I have attached all new denial letters.
I have checked all these for the correct cc list, #s and etc... These are the most correct of all. Please discard the previous
letters.
I did check the Carteret county GIS and found that Bill Teague owns another lot with a house within the subdivision that
is allowed to have boat slips (not in the PNA)
Bill Teague and James Snead did not really respond to the hold letter, but did request the on site meeting with the
agencies on Oct 28th. Does that suffice for the additional info?
Mark Golitz did e-mail us and requested that we hold out decision off until the 15th of December, as he too went to the
Oct 28th meeting.
I did correct some of the people being copied in Mr. Raynors letter too as well as add the sentence about the ingress
and egress change that would be prop dredged.
Thanks for you help.
Joanne
Alvin Raynor -- DWQ No. 09-0936 - On August 11, 2009 Alvin Raynor received
a General Permit (GP) from DCM that did not contain the statement that
permanent moorings of vessels were not authorized. However, the GP still
indicated that the area was a Primary Nursery Area (PNA). DWQ received Alvin
Raynor's application on August 28, 2009 (by copy of DCM application dated
August 21, 2009) requesting to construct a boat slip and boatlift at the previously
permitted pier. On October 1, 2009, DWQ received a copy of a Division of
Marine Fisheries memo dated August 28, 2009, from Patricia Murphey
recommending denial due to significant adverse impacts to shallow bottom habitat
from prop dredging within a PNA. October 1, 2009 DWQ-WiRO sent a Request
For More Information letter to Alvin Raynor requesting that he remove the
proposed boat slip and boatlift per DMF or withdraw the application. On October
14, 2009, DWQ received correspondence from Alvin Raynor stating, "I do not
wish to remove my application for a boat slip with lift".
0 To date, DWQ has not received any additional correspondence from the applicant.
A ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Pecember 2, 200
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Alvin Raynor
P.O. Box 1535
Morganton, NC 28680
Subject: Denial of Request for 401 Water Quality Certification
1409 Oglesby Road, Morehead City, Carteret County
DWQ Project # 2009-0936
Calico Creek [030503, 21-32, SC, HQW]
DENIAL OF REQUEST OF 401 WATER QUALITY CERTIFICATION
Dear Mr. Raynor:
Dee Freeman
Secretary
Reference is made to your application for a Water Quality Certification pursuant to Section 401 of the
Federal Clean Water Act and North Carolina Coastal Area Management Act (CAMA). The Division of
Water Quality (DWQ) received your application by copy of your CAMA Permit application on August
28, 2009. The activity for which the Certification is requested is for:
1) a boat slip with boat lift at existing pier
The proposed activities would impact documented Primary Nursery Areas (PNA's). Specifically, the
proposed boat slip with lift would involve impacts to 169 square feet of PNA habitat that is located in
very shallow water 0 to -6 inches at Normal Low Water (NLW). There is also the impacts of prop
dredging that would be associated with the ingress and egress of the boat to the proposed slip. PNA's are
essential for post-larval and juvenile stages of many species of finfish, crabs and shrimp because they
provide food and protection during a vulnerable period of their life cycle. Commercial industries reliant
upon these species would be detrimentally affected if your proposed activities were approved. Waters of
the State within the project area are classified by the Division as SC, High Quality Waters (SC HQW).
A Water Quality Certification represents a determination by the Division that the activity for which a
federal permit is required is not expected to result in a violation of state Water Quality Standards (15A
NCAC 2B .0200). 15A NCAC 02B .0221 specifically describes the Best Usage of SC Waters as any
usage except primary recreation or shellfishing for market purposes; usages include aquatic life
propagation and maintenance of biological integrity (including fishing, fish and functioning PNAs),
wildlife, and secondary recreation. Primary Nursery Areas provide a significant existing use as habitat
for propagation of aquatic life, including shellfish as well as juvenile stages of finfish. In accordance with
15A NCAC 2H .0506(a), the Division is required to determine whether a proposed activity has the
potential to remove or degrade those significant existing uses which are present in the wetland or surface
water. It is the opinion of DWQ that the proposed project will remove the Best Usage within an excessive
area of waters classified as SC HQW, and that this removal of use conflicts with the Antidegradation
Policy (15A NCAC 02B .0201).
401 OversighVExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:/lh2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,aturallry
An Equal Opportunity ?Affirmatlve Action Employer
Mr. Alvin Raynor
Page 2 of 2
December 2, 2009
Furthermore, in accordance with 15A NCAC 2H .0506(d)(1)(A), which addresses requirements necessary
to qualify for a Certification within waters classified as HQW, an applicant is required to demonstrate that
no practical alternatives exist. On October 1, 2009, the Division advised you that insufficient evidence
had been provided to demonstrate avoidance of the impacts associated with the proposed boat slip. Your
response, received on October 14, 2009, demonstrated no further efforts to avoid the impacts associated
with the prop dredging footprint.
As such, we have determined that your proposal does not meet the criteria required in 15A NCAC 2H
.0506(a) or 15A NCAC 2H .0506(d)(1)(A). Therefore, in accordance with 15A NCAC 2H .0507(e), your
application for a 401 Water Quality Certification is hereby denied as we are unable to approve your
application.
If you wish to appeal this decision, you have the right to file for an adjudicatory hearing by written
request within sixty (60) days of your receipt of this denial. To request a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statues to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. This denial is final and binding unless you ask for
a hearing.
Thank you for your attention. Should you have procedural questions regarding this denial, please contact
Ms. Cyndi Karoly at 919-733-9721.
Sincerely,
Coleen H. Sullins
Division of Water Quality
cc: Joanne Steenhuis - DWQ Wilmington Regional Office
Cyndi Karoly - DWQ 401 Oversite/Express Unit
Kathy Vinson - Coastal Planning Services, Inc., P.O. Box 827, Morehead City, NC 28557
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington District Office
Ken Jolly - USACE Wilmington District Office
Doug Huggett - DCM Morehead City Office
Stephen Rynas - DCM Morehead City Office
Anne Deaton - DMF Wilmington Regional Office
Trish Murphey - DMF Morehead City
Maria Dunn - NCWRC Washington Regional Office
Rebecca Fox - US Environmental Protection Agency -Region IV
Tere Barrett - DCM Wilmington Office
File Copy
Filename: 090936AIvinRaynorLot I (Carteret) Denial