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Home My WebLink About20091009 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) Denial. 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 Abstract: Calico Creek (Crab Point Bay Subdivision - Four Applicants) Denials In fall of 2009, William Teague, Mark Golitz, James Snead and Alvin Raynor each applied for a 401 Water Quality Certification with all four applicants sharing the same project purpose and need which was to construct a boat slip and boatlift at their previously permitted pier(s). On October 1, 2009, DWQ received a copy of a Division of Marine Fisheries memo dated August 27, 2009, from Patricia Murphey recommending denial for the four previously referenced applicants 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 letters to the four previously referenced applicants requesting that they remove the proposed slip and boatlift per DMF or withdraw the application. In early October, William Teague, Mark Golitz, and James Snead sent emails to DWQ requesting extensions to the due date for submittal of the requested information. Alvin Raynor sent a correspondence from stating, "I do not wish to remove my application for a boat slip with lift". On October 28, 2009, James Snead, Mark Golitz, and William Teague met with DWQ and others as documented below. To date, DWQ has not received any additional correspondence from the four applicants. Please see detailed project specific timelines attached to each file. • October 28, 2009 meeting held onsite with James Snead, Mark Golitz, Bill Teague (applicants) Trish Murphey (DMF) Tere Barrett, Heather Styron, Jonathan Howell and Daniel Govoni (DCM) and Joanne Steenhuis (DWQ). The following represents minutes from that meeting: o The water depth at the end of the Snead's pier was -1' (it was noted that the tide was above normal tide). "The applicants stated that the contractor that built their piers advised them that to get boat slips they would need to build the piers first. The applicants requested to place a condition in the Crab Point Bays Restrictive Covenants to restrict when homeowners in the PNA areas could use their boats (ie could not go out or come in between I hour prior to I hour after low tide). Another suggestion was that the applicants proposed was that the homeowners on properties within the PNA dock their boats at other homeowners docks when the tide was too low form them to get to their own slips. DCM and DWQ pointed out that would not be an enforceable condition for the agencies. The applicants told the agencies that Clark Wright (attorney) had been hired to represent them. It was reiterated that the original piers were permitted for non-vessel use. James Snead mentioned another option for a pier and boat slips on an empty lot easement that was located outside the PNA. On aerial photographs of the subdivision, it looks as though Blue Heron Developers owns 1412 Oglesby Road (within the Subdivision) and it appears to be outside the PNAs. The Crab Point HOA does own property within the subdivion, but it is landlocked. William Teague lives at 1404 Oglesby on the Newport River side of the subdivision and has a dock with slips. The lot at 1407 Oglesby does not have a house. Mark Golitz has a house at 1405 Oglesby the other three lots are vacant. • December 23, 2009 DWQ WiRO received a copy of a DCM letter placing the application on hold. No other communication has been received. William Teague - DWQ No. 09-1009 On April 18, 2007 William Teague received a General Permit (GP) from DCM, for a pier with the condition that permanent moorings of vessels were not authorized. The GP indicates (by circling yes) that the area is a Primary Nursery Area (PNA). DWQ received William Teague's application on September 18, 2009 (by copy of DCM application dated 9/5/09) requesting a boat slip with boatlift at an existing pier. On October 1, 2009, DWQ received a copy of a DMF memo from Patricia Murphey, dated September 17, 2009, 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 William Teague requesting that he remove the proposed boat slip with boatlift per DMF or withdraw the application. On October 8, 2009, DWQ received an email from William "Teague requesting an extension to the due date of submittal of the requested information until December 5, 2009. 0 To date, DWQ has not received any additional correspondence from the applicant. ff NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Oecember 7, 200 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. William and Katherine Teague 320 Buncombe Street Raleigh, NC 27609 Subject: Denial of Request for 401 Water Quality Certification 1407 Oglesby Road, Morehead City, Carteret County DWQ Project # 2009-1009 Calico Creek [030503, 21-32, SC, HQW] DENIAL OF REQUEST OF 401 WATER QUALITY CERTIFICATION Dear Mr. and Mrs. Teague: 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 September 21, 2009. The activity for which the Certification is requested is for: 1) a boat slip with boatlift 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 0213.0201). 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-1786 i FAX: 919-733-6893 Internet httpa/h2o encstate.nc.us/ncwetlands/ NorthCarolina Aatumlly An Equal Opportunity Affirmative Action Employer Mr. & Mrs. William Teague Page 2 of 2 December 7, 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. Other than the interagency on-site meeting held on October 28, 2009, no further efforts have been proposed to avoid the impacts associated with prop dredging of the boat-slip and the ingress and egress channel to it. 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 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 Office Maria Dunn - NCWRC Washington Regional Office Rebecca Fox - US Environmental Protection Agency -Region IV Tere Barrett - DCM Morehead City Office File Copy Filename: 091009 William Teague(Carteret) Denial