20061917 Ver 2_Denial Letter_20111011

NCDETR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 11, 2011
DWQ Project # 06-1917 V.2
Pasquotank County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 6947
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-Final Information Request
Dear Pelican Pointe HOA:
Your proposed modification to your original June 6, 2011 application for a Water Quality
Certification under Section 401 of the Federal Clean Water Act was received on September 28,
2011. The modification included a reduction in slips from the June 6, and August 12, 2011 plan
submittals. The September 28 modification requested 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 (3) 6' by 12' transient /staging piers, (38) 6' by 12' private, docks, the 75 ft
expansion of two community piers to a total length of 299 ft. of pier accommodating 8
community slips boat slips.
While this reduction eliminates 423 linear feet of pier and 13 new community slips, it fails to reach
the substantial and significant reduction needed to obtain the expectation that this project will
not 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. By constructing (41) 6' x 12' docks and 299' 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 2B .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.
North Carolina Division of Water Quality Internet: Fiww.ncwater ualit .or 7
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarollina
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Page 2 of 2
Additional Information, Application Modification or Denial Counter Statement
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 299 linear feet of pier and (41) 6' x 12' docks, or you may prepare a
response to be considered during the denial process. 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 our 12roiect as currentl
proposed, you must provide a documented and valid water quality assessment of the potential
impacts of the design. At minimum, a valid assessment will include appropriate modeling, water
quality monitoring and data analysis details in prior correspondence of September 81h,20111,
If you choose to neither modify nor provide additional information, you may prepare a statement
in support of your project, including all information you feel is relevant and any considerations you
feel should be extended to your project. Your statement and any documentation will be
included along with the recommendation for denial submitted to the DWQ Central Office for final
decision.
Required Response
Please submit your intentions in writing within 30 days of the receipt of this letter to Amy Adams,
Wetlands, Buffers, Stormwafer, Compliance and Permitting (WBSCP) Unit.
Unless we receive either your intentions in writing or your modified project application as requested
above, we will move toward denial of your application as submitted on September 28, 2011 per 15A
NCAC 2H .0506. We have placed this project on hold as incomplete until we receive this information.
el ,
AL
For Coleen Inn
cc: Tracey Wheeler, USACF 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_Pelican Poi nte_N O[Finallaa