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Home My WebLink About20090936 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)Denia1.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 Alvin Raynor -- DWQ No. 09-0936 - On August 11, 2009 Alvin Raynor received a General Permit (GP) from DCM that did not contain the statement that permanent moorings of vessels were not authorized. However, the GP still indicated that the area was a Primary Nursery Area (PNA). DWQ received Alvin Raynor's application on August 28, 2009 (by copy of DCM application dated August 21, 2009) requesting to construct a boat slip and boatlift at the previously permitted pier. On October 1, 2009, DWQ received a copy of a Division of Marine Fisheries memo dated August 28, 2009, from Patricia Murphey 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 Alvin Raynor requesting that he remove the proposed boat slip and boatlift per DMF or withdraw the application. On October 14, 2009, DWQ received correspondence from Alvin Raynor stating, "I do not wish to remove my application for a boat slip with lift". 0 To date, DWQ has not received any additional correspondence from the applicant. A ? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Pecember 2, 200 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Alvin Raynor P.O. Box 1535 Morganton, NC 28680 Subject: Denial of Request for 401 Water Quality Certification 1409 Oglesby Road, Morehead City, Carteret County DWQ Project # 2009-0936 Calico Creek [030503, 21-32, SC, HQW] DENIAL OF REQUEST OF 401 WATER QUALITY CERTIFICATION Dear Mr. Raynor: 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 August 28, 2009. The activity for which the Certification is requested is for: 1) a boat slip with boat lift 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 02B .0201). 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http:/lh2o.enr.state.nc.us/ncwetlands/ NorthCarolina ,aturallry An Equal Opportunity ?Affirmatlve Action Employer Mr. Alvin Raynor Page 2 of 2 December 2, 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. Your response, received on October 14, 2009, demonstrated no further efforts to avoid the impacts associated with the prop dredging footprint. 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 Kathy Vinson - Coastal Planning Services, Inc., P.O. Box 827, Morehead City, NC 28557 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 Maria Dunn - NCWRC Washington Regional Office Rebecca Fox - US Environmental Protection Agency -Region IV Tere Barrett - DCM Wilmington Office File Copy Filename: 090936AIvinRaynorLot I (Carteret) Denial