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
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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
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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