The URL can be used to link to this page

Home My WebLink About20090665 Ver 1_Denial Letter_20090918A-a NCQENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director September 18, 2009 Dee Freeman Secretary DWQ#: 09-0665 New Hanover County Mr. Stuart Point Ms. Christine Point 300 Windchase Lane Wilmington NC 28409 Subject: Cabbage Inlet Lane Landing Maintenance Project Denial of Request for 401 Water Quality Certification Dear Mr. & Ms. Point: Your Division of Coastal management's application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was received on June 8, 2009. The activity for which the Certification is requested is to improve an existing boat ramp and to dredge an access channel from the ramp to an existing channel serving Masonboro Boat Yard. A Water Quality Certification represents a determination by the Division that the activity, for which the federal permit or license is being required, is not expected to result in a violation of state water quality standards for Waters of the State. Our review must determine whether the proposed project will remove or degrade the existing uses within the canal. The staff has determined that existing uses are present in the wetlands as described in 15A NCAC 213.0202,15A NCAC 213.0220 and provided by 15A NCAC 2H.0506. In accordance with these rules, the Division has determined that your proposed project will degrade or remove existing wetland uses as discussed in our letter of July 16, 2009. In particular, new dredging within a Primary Nursery Area would not result in an approvable project under 15A NCAC 2H.0506. Therefore, I am hereby notifying you that this project would result in a violation of 15A NCAC 2H.0506. And, in accordance with 15A NCAC 2H.0507(e), your application for a 401 Water Quality Certification is hereby denied. If you wish to appeal this decision, you have the right to an adjudicatory hearing upon written request within sixty (60) days of your receipt of this denial. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NoOne hCarolina Aaturrallty 2 Cabbage Inlet Lane Landing New Hanover County 2009-0665 This denial is final and binding unless you ask for a hearing. We are available to discuss further modifications to your proposal, which would answer our objections and allow issuance of a 401 Certification. If you have any questions please telephone Ian McMillan at 919-733-1786 or Chad Coburn at our Wilmington Regional Office at 910-796-7215. If you have additional questions regarding this denial, please contact Cyndi Karoly at 919- 733-1786 or Rick Shiver at 910-796-7215. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Robb Mairs - ECS Carolinas, LLP, 7211 Ogden Business Park, Suite 201, Wilmington, NC 28411 Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh Dave Timpy - USACE Wilmington Regulatory Field Office Rich Carpenter - DMF Wilmington Molly Ellwood - WRC Wilmington Steve Everhart - DCM Wilmington Office Doug Huggett - DCM Morehead Office WiRO