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Home My WebLink About20190906 Ver 1_401 Water Quality Certification Denial Email_20191007Strickland, Bev From: Wojoski, Paul A Sent: Monday, October 07, 2019 10:14 AM To: May, David Cc: Haupt, Mac; Tankard, Robert; Pullinger, Robert C; Scarbraugh, Anthony; Gregson, Jim; Poupart, Jeff, Zimmerman, Jay Subject: RE: 401 Water Quality Certification Denial: Olsen - 206 Waterside Drive (Harbinger - Currituck Co.) - Denial letter and memo (BIMS #2019-0906 v1) Attachments: SKM_C224el 9100710360.pdf Hi David, Please see the scanned letter attached with the Director's signature. Please let me know if I can assist any further. Thank you for the thorough submittal package and background information. Best, Paul Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Pau l.WoioskiO-ncdenr.aov 512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: May, David Sent: Wednesday, September 25, 2019 4:28 PM To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Cc: Zimmerman, Jay <jay.zimmerman@ncdenr.gov>; Gregson, Jim <jim.gregson@ncdenr.gov>; Poupart, Jeff <jeff.poupart@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Pullinger, Robert C <chris.pull inger@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: 401 Water Quality Certification Denial: Olsen - 206 Waterside Drive (Harbinger - Currituck Co.) - Denial letter and memo (BI MS #2019-0906 v1) Paul, The Washington Regional Office recommends denial of a 401 Water Quality Certification request. Fill is recommended at a residential property in Currituck County, with no supporting need to justify authorization of the activity and issuance of the 401 certification. A memo is attached summarizing the project and basis for denial, along with a letter for the Director's signature. A live Laserfiche link is also attached, which should direct you to file content for the project. A couple of notes related to the subject denial project: • Through review of this project, it appears that the neighbor to the south has placed unauthorized fill on their property and constructed a swimming pool. There's no indication that the neighbor's project was coordinated with NC DEQ or other resource agencies. No compliance based action against the neighbor has been initiated at this time. The 401 Water Quality Certification is associated with a CAMA Major Permit Application. CAMA is seeking a position from DWR on the project. Our response to CAMA is considered on hold, pending a final position on the 401 Water Quality Certification matter. Should the 401 & Buffer Permitting Branch be in agreement with the regional denial recommendation, please forward the denial process along towards approval/signature by the Director. In the event there are any questions or modifications are needed to any of the associated documents, please let us know. Thanks a dh . •• 27� • + 16 •r '�, fy�� i , ��F�- _. 183 ft a 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. r 206 Waterside Dr ,Ooo, V/jr� - . ' Ai �T2018 C0091e f 183 t / - , ROY COOPER Governor MICHAEL S.REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 4, 2019 D W R # 19-0906 Currituck County CERTIFIED MAIL: 7019 0160 0000 3479 8780 RETURN RECEIPT REQUESTED Janice H. Olsen 1324 Moore Street Philadelphia, Pennsylvania 19148 Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION 206 Waterside Drive, Harbinger, NC — Proposed fill of 0.13 acres of 404 wetlands Dear Ms. Olsen: On July 5, 2019, the Division of Water Resources (Division) received your application dated June 21, 2019, requesting a 401 Water Quality Certification from the Division for the subject project with subsequent information received on July 23, 2019 through August 3, 2019. Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines that water quality standards are met. The project has not met the following requirements: • 15A NCAC 02H .0506(c)(1) "has no practical alternative as described in Paragraph (f) of this Rule" The applicant has not clearly demonstrated that a sufficient purpose and/or need exists for the project, from which a determination of no practical alternatives can be made, or to provide a starting point for avoiding or minimizing the proposed 0.13 acres of 404 wetland losses. 15A NCAC 02H .0506(c)(2) "will minimize adverse impacts to the surface waters based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria outlined in Paragraph (g) of this Rule" The applicant has not demonstrated that minimization of impacts has taken place sufficient to support the existing uses of any remaining wetlands upon project completion. In accordance with 15A NCAC 02H .0507(e) your application for a 401 Water Quality Certification is hereby denied. This decision 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) within sixty (60) calendar days. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 2 769 9-1617 xonm cwau"n ��+�v 919.707.9000 OLSEN PROPERTY—PROPOSED WETLAND FILL DWR# 19-0906 401 WQC Denial Page 2 of 2 A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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 Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This completes the review of the Division under section 401 of the Clean Water Act. Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Contact Paul Wojoski at 919-807-6360 or paul.woioski@ncdenr.gov if you have any questions or concerns. Sincerely, Q Li a Culpepper, Director Division of Water Resources cc: Joe Lassiter, Lassiter Environmental Consulting, LLC Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Todd Bowers, EPA (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Ron Renaldi, DCM Elizabeth City (via e-mail) Cynthia Rountree, DCM Elizabeth City (via e-mail) DWR WaRO 401 files Laserfiche