20061917 Ver 2_Denial Letter_20110908

'. T41WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 8, 2011
DWQ Project # 06-1917 V.2
Pasquotank County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 01 10 0000 9947 6909
Pelican Pointe Association, Inc.
Robert Thomas/Danny Sawyer
PO Box 702
Elizabeth City NC 27907
Subject Property: Pelican Pointe Village
Pasquotank River [PAS50 30-3-(12); SB]
NOTIFICATION OF INTENT TO DENY 401-CERTIFICATION REQUEST
Dear Pelican Pointe HOA:
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water
Act was received on June 6, 2011. The activity for which the Certification is requested is to allow
the construction of 3,376 ft of bulkhead, extension of the existing boat ramp, construction of a 4'
by 20' finger pier at the boat ramp and construction of (40) 6' by 12' private docks, the 498 ft
expansion of two community piers to a total length of 722 ft. of pier accommodating 21
community slips boat slips and additional infrastructure subject property as described in your
application. A Water Quality Certification represents a determination by the Division that the
activity, for which the federal permit or license is being required, is not expected to result in a
degradation of state surface water quality standards for Waters of the State.
Our review must determine whether a proposed project will remove or degrade the existing uses
of surface waters. Through a thorough review of the project, our staff has determined that
significant existing uses are present in the waters as described in 15A NCAC 2B .0220 (3) (b) and
provided by 15A NCAC 2H .0506. In accordance with these rules, the Division has determined
that the construction of approximately 998 linear feet of dockage for 61 slips in a dead-end finger
canal which has been documented to have periods of dissolved oxygen below state standards
and which has a low probability of flushing will further degrade water quality and worsen the
existing problems. Contributing to the poor flushing within the dead-end finger canal is the lack of
tidal amplitude, several 90 degree turns, a narrow and shallow entrance with the predominate
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolhna
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Page 2 of 3
wind not expected to assist with flushing within the canal system. DWQ has documented water
quality standards violations within the canal system in July and August 2011. Those water quality
standard violations were acknowledged in the Additional Information submittal of August 12,
2011.
North Carolina water quality standards states that DO shall be "Not less than 5.0 mg/I, except that
swamp waters, poorly flushed tidally influenced streams or embayment's, or estuarine bottom
waters may have lower values if caused by natural conditions"
By constructing (40) 6' x 12' docks and 498' of community pier within the waters of the dead-end
canal at the project location degradation of water quality standards as defined by 15A NCAC 213
.0220 (3) (b) would occur and is therefore not an approvable project under 15A NCAC 2H .0506. 1
am hereby notifying you that this project, in the state that it is currently proposed, would be in
violation of 15A NCAC 2H.0506, and in accordance with 15A NCAC 2H .0507(e), your application
for a 401 Water Quality Certification will be recommended for denial.
Additional Information or Application Modification
You may either provide additional information for consideration of your project as proposed or
you may modify your current application to remove or substantially and significantly reduce the
proposed construction of 498 linear feet of pier and (40) 6' x .12' docks. The bulkheading of this
property does not pose any known water quality concerns and may remain in any future
proposals.
Should you choose to provide additional information for consideration of your project as currently
proposed, you must provide a documented and valid water guality assessment of the potential
impacts of the design. At minimum, a valid assessment will include appropriate modeling, water
quality monitoring and data analysis to determine the following:
A. The flushing characteristics of the canal system
B. The 24 hour average dissolved oxygen concentrations both inside the canal and in
adjacent ambient waters.
To accomplish this assessment, the following minimal water quality analysis must be performed.
Each assessment shall include documentation of all water quality data and calculations relevant
to these items:
1. Flushing Model
Flushing or residence time(s) is a relative measure of the ability of a system to purge itself
of a given constituent. Flushing dynamics result from a complex set of physical
conditions. Employing modeling to demonstrate how to achieve the recommended
flushing rate is effective at avoiding adverse water quality and other environmental
impacts. EPA region IV completed an in-depth report on water quality models (EPA,
1992c) to provide guidance for the selection and application of computer models for
analyzing the potential water quality impacts. The DWQ Modeling Unit can provide
further assistance on the selection and application of appropriate models. All models
used must be in open format (no proprietary models) and all data used to populate
models must be included.
2. Dissolved Oxygen Monitoring;
Sampling must occur during the critical or "worst-case" season of anticipated low DO.
The critical season will be the summer months of June-September unless the applicant or
DWQ can document a more critical time period for the proposed location. Pre-project
Page 3 of 3
sampling locations and parameters must be pre-approved by DWQ and shall include at
a minimum:
1) Physical parameters of dissolved oxygen, temperature, pH, conductivity and
salinity
2) Atmospheric parameters of wind speed, wind direction, recent rainfall amounts
3) Include surface, mid-column, and bottom measurements except in locations less
than 3 foot of water where surface and bottom measurements are acceptable
4) Be conducted at an absolute minimum of twice a month (bi-weekly) during the
critical period
5) In areas with tidal ranges, sampling should be conducted during slack tide, when
water movement is at a minimal.
6) Assume Sediment Oxygen Demand (SOD) rates of at least 1.5 grams 02/m2-day
based on published values for estuarine systems unless there is documented
evidence of higher or lower SOD rates exist at the site (NCDEM, 1990)..
Should you choose to modify your project from its current proposal you must submit modified
plans to both Division of Water Quality and Division of Coastal Management. Please contact
Jonathan Howell of DCM for modification procedures at 252-808-2808.
Required Response
Please submit your intentions in writing within 30 days of the receipt of this letter to either provide
additional information or modify your permit application to Amy Adams, Wetlands, Buffers,
Stormwater, Compliance and Permitting (WBSCP) Unit.
Unless we receive either your plan of action and a proposed time schedule or your modified project
application as requested above, we will move toward denial of your application as submitted on
July 6, 2011 per 15A NCAC 2H .0506. We have placed this project on hold as incomplete until we
receive this information.
2ISS'nncerely,
L ?? -
For Coleen H. Sullins
cc: Tracey Wheeler, USACE Washington Regulatory Field Office
Ian Mcmillian, WBSCAP Unit, Archdale Building Raleigh NC
WaRO File Copy
DCM, Frank Jennings, District Manager, Morehead City Office
Doug Hugget, Major Permits Coordinator, DCM, Morehead City Office
Brian Rubino, Quible & Assoc. PO Drawer 870 Kitty Hawk NC 27949
Filename: 06-19178V2_Pel ica n Pointe_Hold/aa