20181699 Ver 2_Meeting Request_20201028

Strickland, Bev
From: Ben Stephenson <[e-mail]>
Sent: Wednesday, October 28, 2020 2:19 PM
To: Wojoski, Paul A
Cc: Stephen Morrison; Mairs, Robb L
Subject: Re: [External] Shinn Creek Estates HOA - 401 Certification - Meeting Request
= External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Paul,
Below are some initial questions we had. Look forward to speaking with you tomorrow at 1 Oam. Will send a
Zoom link later today.
Regards,
Ben
1). Under item (1) of your letter requesting additional information can we still add new info to support our response? Based on
the request for more information from DWR it may be necessary to add further items.
2). It is our understanding that in the past 401 individual water quality certifications have been issued for dredging in PNA
areas. What factors led to these approvals?
3). Based on numerous meetings with DWR representative Chad Coburn it was stated to both myself and Steve Morrison that if
we pursued a CAMA Variance and won then a 401 individual water quality certification shouldn't be an issue. Is Chad still
being consulted on our project since he was involved for a couple of years of the process and his feedback to us played a crucial
role in our pursuing a CAMA Variance?
4). In the denial letter sent from DWR on January 13, 2020 it stated that our denial from CAMA for a major permit was the
reason a 401 individual water quality certification was not being issued. In the next paragraph of the denial letter it goes on to
say that `once we have addressed all items listed' then we can resubmit our application for a 401 individual water quality
certification. Again, the only item listed for denial was our CAMA permit being denied. We then pursued a variance from the
CRC commission on February 12, 2020 which was granted and received our CAMA permit on March 3, 2020. Why is new
information now being requested from DWR for our 401 request?
5). Oyster reef habitat creation is a conservation priority for NOAA and NMFS since it serves nursery functions in cleaning the
surrounding water, serves as excellent attachment substrate for other sea life and provides safe shelter habitat for fish, shrimp
and crabs. What is the opinion of DWR on oyster reef habitat creation and its benefits, particularly in relation to PNA's?

6). Opinion letters sent from agencies regarding our project (listed in item (2) of DWR's request for info letter) were dated prior
to DWR's denial letter sent back on January 13, 2020. Why were these concerns not listed then in the original denial letter when
all letters of concern were dated well before DWR's January 13, 2020 decision?
7). In the first paragraph of the 3rd page in the request for additional information it states "project proposes to dredge 9000
square feet of waters with SA, HQW classification, including 3680 square feet of waters designated as PNA". All 9000 square
feet of the project area is designated as PNA and 5320 square feet of it is and has been permitted and dredged previously. What
makes the minimal dredging of the connector between these two existing dredging areas an issue since it will not preclude the
use of water as a PNA especially since we are willing to use a silt curtain during excavation and it will be performed outside the
dredging moratorium which avoids periods of increased biological activity and is designed to minimize nursery impacts, not to
mention the benefits to water quality and oyster reef extent?
On Oct 28, 2020, at 10:52 AM, Wojoski, Paul A <paul.wojoski o,ncdenr.gov> wrote:
Hi Ben,
Thursday (tomorrow) at 10 AM works best for me, thanks. Zoom is fine, I'll look for a link from you.
Best,
Paul
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
Paul.Woioski(a-)ncdenr.gov
512 N. Salisbury Street (Archdale Building), Suite 942-E, 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: Ben Stephenson[mailto:[e-mail]]
Sent: Tuesday, October 27, 2020 1:16 PM
To: Wojoski, Paul A <[e-mail]>
Cc: Stephen Morrison <[e-mail]>; Mairs, Robb L <[e-mail]>
Subject: Re: [External] Shinn Creek Estates HOA - 401 Certification - Meeting Request
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an I
11A11JM@lbV1keportjwaM&E.gov
Paul,
I spoke to Steve and Thursday at 10 or 11 works best for us. Let us know which would be best
for you. I will set up a Zoom call on my end for us all if that's ok with you. I'm not too familiar
with Microsoft Teams. Again we appreciate your time.
Regads,
Ben

On Oct 26, 2020, at 1:11 PM, Wojoski, Paul A <paul.wojoskigncdenr.gov>
wrote:
Hi Ben,
I am available this week the following dates/times:
Wednesday (10/28) 2-5PM
Thursday (10/29) 10AM-Noon
Friday (10/30) 9AM-11AM
I can set up a conference call or a Microsoft Teams meeting to facilitate discussion. Just
let me know if any times in those blocks work for you. Also, if you have specific
questions please send them to me ahead of time so I can make sure I get all the answers
you need.
Thanks,
Paul
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
Pau l.Woioski(cancdenr.gov
512 N. Salisbury Street (Archdale Building), Suite 942-E, 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: Ben Stephenson [mailto:[e-mail]]
Sent: Wednesday, October 21, 2020 7:03 PM
To: Wojoski, Paul A <[e-mail]>
Cc: Stephen Morrison <[e-mail]>; Mairs, Robb L
<robb. ma i rs@ ncdenr.gov>
Subject: [External] Shinn Creek Estates HOA - 401 Certification - Meeting Request
External email. Do not click links or open attachments unless you verify. Send all
i6uspicious email as an attachment to [e-mail]
Paul -
I wanted to follow up on my earlier email requesting a meeting. We would very
much appreciate a meeting with you, in -person or teleconference, so we can make
sure we clearly understand what is being requested of us from DWR. It is
important that we speak sooner rather than later in order for us to have ample time
to prepare our response. I'm sure you can appreciate this. We will make ourselves
available to meet your schedule. Steve Morrison mentioned you were recently in
Wilmington looking at a project for UNCW. We would love to have the

opportunity to show you our channel in -person if you are able to make it. Just let
us know.
I do want to mention that I have been working on this project, as an HOA Board
Member for Shinn Creek, for 4 years now and have had numerous in -person
meetings with the relevant state and federal agencies including DWR (Chad
Coburn represented DWR in these meetings and we met with Chad individually
as well). We have worked very hard to incorporate agency concerns and
recommendations in our project design to minimize impact as well as provide
mitigative measures. With all we have invested up to this point its extremely
important to me and my fellow neighbors that we provide DWR with as clear and
accurate a response as possible. We just want to make sure before submitting such
an important response to DWR's request that we fully understand what is being
asked of us.
Again, we will make it work on our end to fit your schedule. We appreciate your
time and understanding.
Regards,
Ben Stephenson
Begin forwarded message:
From: Ben Stephenson <tbenstephenson(a-)gmail.com>
Subject: Re: Shinn Creek Estates HOA - 401 Certification
- Additional Information Request
Date: October 17, 2020 at 11.31.31 AM EDT
To: "Wojoski, Paul A" <Paul.Woioski(a)_ncdenr.gov>
Cc: Stephen Morrison <smorrison(a)-lmgroup.net>, "Mairs,
Robb L" <robb.mairs(a)ncdenr.gov>
Paul -
After reviewing the DWR response letter you provided we have
some questions in order to help us best reply. We would like to
request a conference call as soon as possible to discuss. Please
advise a good time to talk this week and we will make ourselves
available. Thanks for your time.
Regards,
Ben Stephenson
On Oct 16, 2020, at 6:14 PM, Wojoski, Paul A
<Paul.Wojoski o,ncdenr.gov> wrote:
Mr. Stephenson —

Apologies, I neglected to include the attachments in the
previous email. Please see attached.
Thank you,
Paul
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
Pau l.Woioskia_ncdenr.aov
512 N. Salisbury Street (Archdale Building), Suite 942-E,
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: Wojoski, Paul A
Sent: Friday, October 16, 2020 6:12 PM
To: [e-mail]
Cc: Morrison, Stephen <[e-mail]>;
Mairs, Robb L <[e-mail]>
Subject: Shinn Creek Estates HOA - 401 Certification -
Additional Information Request
Mr. Stephenson —
Please see the attached letter requesting more
information on the referenced project.
Thank you,
Paul
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
Pau l.Woioskia_ncdenr.gov
512 N. Salisbury Street (Archdale Building), Suite 942-E,
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.

<DMF Letter.pdf><NOAA NMFS
Letter.pdf><ACOE Letter.pdf><DMF Director
Letter.pdf><20181699v2 ShinnCreekEstatesHOA(N
ewHanover)_401_Addinfo. docx.pdf>