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HomeMy WebLinkAbout20181699 Ver 1_More Info Received_20190124Strickland, Bev From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Thursday, February 27, 2020 9:09 AM To: Coburn, Chad Cc: Finch, Gregory Subject: [External] Fwd: FW: Shinn Creek Estates New Hanover Co Attachments: 20200227095311.pdf • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Mff-rt-s—pam@nc.gov Chad, This may be the email you are asking about. Has to do with placing 401 review on hold until final CAMA permit decision. We got the CRC variance approval for the project at their 2/12/20 meeting. Not sure what happened but 401 was actually denied on 1/13/20, 23 days before the variance approval (see attached). The 401 denial indicates that the reason for it was because the CAMA permit was denied. That was not the final decision obviously. We need to get the 401 approval. I have a call into Paul Wojowski as Robb Mairs suggested to discuss it. Can you help in this regard or let me know more? Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison(aD_lmgroup.net I Website: www.lmqroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 ---------- Forwarded message --------- From: Finch, Greg < finch o,lmgroup.net> Date: Thu, Jan 24, 2019 at 2:55 PM Subject: Re: FW: Shinn Creek Estates New Hanover Co To: Coburn, Chad <chad.cobum@ncdenr.gov> Cc: Stephen Morrison <smorrison@lmgroup.net> Hi Chad, Thanks for the update. Understood on placing the application on hold. Once you do receive NMFS comments we'd like the chance to respond to fisheries comments and also any comments/position from DWR before a decision is made on the 401 WQC. Thanks again for the update and info, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email fg mch@hngroupnet Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.hngM.net On Wed Jan 23 2019 at 4:50 PM Coburn Chad <chad.coburn(cr�ncdenr.gov> wrote: Hey Greg, I'm going to need to put the 401 application for this site on hold for additional information. I would like to hear from Fritz or his group in NMFS regarding this one and also need for the applicant to address the comments attached from DMF. Give me a call tomorrow if you get a few minutes. Thanks, Chad From: Spears, Courtney Sent: Friday, January 18, 2019 3:53 PM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: FW: Shinn Creek Estates New Hanover Co FYI — DMF's comments on the Shinn Creek Estates project. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears(cDncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Deaton, Anne Sent: Wednesday, January 02, 2019 10:27 AM To: Spears, Courtney <courtney.spears o,ncdenr.gov> Cc: Murphey, Steve <steve.murphey@ncdenr.gov>; Lupton, Dee <dee.lupton o,ncdenr.gov>; Weychert, Curtis R <curt.weycherto,ncdenr.gov>; Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: Shinn Creek Estates New Hanover Co Hi Courtney. Attached are Curt's comments on the above referenced permit application, and a cover letter from DMF's director, Steve Murphey. Let me know if you need anything else. Anne Anne Deaton Habitat Assessment Coordinator Division of Marine Fisheries Department of Environmental Quality 910 796 7311 Wilmington office anne.deatona-ncdenr.gov 127 Cardinal Dr. Ext. Wilmington, NC 28405 +s �g Compares. .� v Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality January 13, 2020 DWR # 20181699 New Hanover County CERTIFIED MAIL: 7013 3020 0000 7632 0185 RETURN RECEIPT REQUESTED Shinn Creek Estates HOA ATTN: Ben Stephenson 6433 Shinn Creek Lane Wilmington, NC 28409 Subject: DENIAL of 401 Water Quality Certification Application Shinn Creek Estates Dear Mr. Stephenson, On December 11, 2018, the Division of Water Resources (Division) received your CAMA Major application, requesting a 401 Individual Water Quality Certification from the Division for the subject project. On April 22, 2019 the NC Division of Coastal Management denied your request for the CAMA Major Permit. Therefore, the Division cannot certify that the subject project will comply with Sections 301, 302, 303, 306, and 307 of the federal Clean Water Act. In accordance with 15A NCAC 02H .0507(e), your application for a 401 Individual Water Quality Certification is hereby denied. Once you have addressed all of the items listed in the request for additional information, you may reapply to the Division, including a complete application package and the appropriate fee. The Division's decision can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms maybe accessed at http://www.ncoah.coml or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 North Carolina Department of Environmental Quality I Division of Water Resources DE E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 276991617 919.707.9000 109 Shinn Creek Estates DWR# 20181699 Denial of Application Page 2 of 2 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 or riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. Please contact Paul Wojoski at 919-707-3631 or PauI.Wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, Linda Culpepper, Director Division of Water Resources cc: Rachel Capito, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA (via email) Gregg Bodnar, NC DCM Robb Mairs, DWR WiRO DWR 401 & Buffer Permitting Unit Filename: 20181699ShinnCreekEstates(New Hanover) 401_Denial