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HomeMy WebLinkAbout20210434 Ver 1_More Info Requested_20210610Strickland, Bev From: Bodnar, Gregg Sent: Thursday, June 10, 2021 10:46 AM To: dlutheran@segi.us; Humphrey, Jeremy; Dail, Jason; Snider, Holley Cc: Haines, Andrew; MacPherson, Tara Subject: RE: [External] RE: Marina rules and policy Follow Up Flag: Follow up Flag Status: Flagged Morning Dana, Please accept this as confirmation that the project has been placed on applicant hold as of today 6/10/21. I will send out a doodle poll to determine dates today as well. FYI I am off next week on leave and am unable to meet June 23 and 24 due to interviews, so if you would like me to set up the meeting and host it will be the June 25th at the earliest. If this is not acceptable and someone else if able please do. Gregg From: dlutheran@segi.us <dlutheran@segi.us> Sent: Thursday, June 10, 2021 10:33 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov> Cc: Haines, Andrew <andrew.haines@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, Would you please set up a WebEx meeting, to discuss this project, and include Holley Snider (DWR). Also, please place the project on hold, until we resolve this matter. Thanks a bunch, Dana Dana A. Lutheran 5outhem Environmental Group, inc. 55 15 South College Road, Suite E Wilmington, NC 284I 2 Office: 9 10.452.27 I I Mobile: 9 10.228.1 84 I (preferred) 1 www.segi.us From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, June 9, 2021 1:18 PM To: dlutheran@segi.us; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov> Cc: Haines, Andrew <andrew.haines@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy Afternoon all, I have some information available for reference as the closure issue is related to DCM. Depending on a determination on such factors as the 50% repair/replace for the adjacent dock, it may require authorization other than a major permit or not require any permitting from DCM. I do not believe a determination has been made concerning the adjacent dock at this time or if one has even been requested. CRC rule defers to Shellfish on the determination of a shellfish closure expansion and requires that proposals do not cause or increase a closure or be inconsistent with any federal, state or local rules, laws, etc. So DCM will defer to the determination of shellfish on whether the proposal is inconsistent with MFC rule. At this time the project 75 day is 7/4/21 and there are still a number of agency comments outstanding. Any redesign that may be forthcoming will have to be reviewed by resource agencies dependent on scope and scale of the changes, but at least they will need to be notified of any revisions. This may include re -notification to adjacent property owners if needed. So it is preferable that the project be placed on hold while these issues are coordinated to keep outstanding agencies from commenting on a potentially outdated project. In addition a hold will stop the processing clock in the event the project remains inconsistent with MFC rule at the time a final determination from DCM is required. If useful I can set up a WebEx meeting to discuss the project with necessary resource agencies. Gregg From: dlutheran@segi.us <dlutheran@segi.us> Sent: Tuesday, June 8, 2021 4:44 PM To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Haines, Andrew <andrew.haines@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 2 Hi, Jeremy. I have included Gregg Bodnar, as he is the one processing the permit, in MHC. I am available for a call, at any time. Dana Dana A. Lutheran Southern Environmental Group, Inc. 5515 South College Koacl, Suite E Wilmington, NC 28+1 2 Office: 9 i 0.452.27 I i Mobile: 9 10.228.1 84 i (preferred) www.segi.us From: Humphrey, Jeremy <ieremy.humphrey@ncdenr.gov> Sent: Tuesday, June 8, 20214:39 PM To: Dana Lutheran <dlutheran@segi.us>; Dail, Jason <iason.dail@ncdenr.gov> Cc: Haines, Andrew <andrew.haines@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy The Dogwood (i.e., Sewre) dock is not operational at this time, and for it to be operational, it would require a new CAMA Major. That being the case, the Dogwood facility would need to be designed to provide at least 100' of separation from the Hammock Watch facility and the maximum number of slips would be 9, which I believe they have agreed to do. That being the case, would the DMF support the Hammock Watch facility, as proposed today? Dana Hi Dana. I cannot answer your question with confidence, as there are aspects to this arrangement that would need input from DCM. We really need to all discuss this project to arrive at a solution. Thank you, Jeremy From: dlutheran@segi.us <dlutheran@segi.us> Sent: Tuesday, June 8, 2021 3:36 PM To: Humphrey, Jeremy <ieremy.humphrey@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 3 Jeremy, I just received a request, from the DCM, to place my project on hold. I really don't want to do that. Can I get an update on the status of the DMF's review of the project? Dana Dana A. Lutheran 5outhem Environmental Group, Inc. 55 i 5 South College Road, Suite E_ Wilmington, NC 2841 2 Office: 910.452.271 1 Mobile: 91 o.228.1 84I (preferred) www.5egi.u5 From: dlutheran@segi.us <dlutheran@segi.us> Sent: Friday, June 4, 2021 1:13 PM To: 'Humphrey, Jeremy' <jeremy.humphrey@ncdenr.gov> Subject: RE: [External] RE: Marina rules and policy Hi, Jeremy. Just curious, what details are you referring to, with regard to implementing two separate DCM Permits? At this point, the only permit being sought is the Hammock Watch docking facility. When and if the Dogwood community decides to move forward with securing a permit for their structure, it will be need to be designed and reviewed based upon the conditions in place at that time. That could be years from now. Many things can change. With regard to other agency concerns, I have not been notified of any, to date. I am not trying to be difficult here, but we are approaching the end of the DCM's 75 day review period and would like to have this wrapped up sooner rather than later. Thank you, for your time and assistance with this project. I look forward to hearing form you. Dana Dana A. Lutheran 5outhem Environmental Group, Inc. 55 i 5 South College }load, Suite E Wilmington, NC 2841 2 Office: 910.452.271 1 Mobile: 910.225.1 84 i (preferred) www.5egi.u5 From: Humphrey, Jeremy <jeremy.humphrey@ncdenr.Rov> Sent: Friday, June 4, 2021 12:28 PM 4 To: Dana Lutheran <dlutheran@segi.us> Subject: RE: [External] RE: Marina rules and policy Hi Dana. It appears that yes, in theory this arrangement would not trigger a shellfish closure. There are however details, particularly when it comes to implementing two separate DCM permits. And of course, any concerns from the other resource agencies. I will be consulting with DCM about this in the coming days. Thank you, Jeremy From: dlutheran@segi.us <dlutheran@segi.us> Sent: Thursday, June 3, 2021 3:49 PM To: Humphrey, Jeremy <ieremy.humphrey@ncdenr.gov> Subject: [External] RE: Marina rules and policy CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jeremy, The Dogwood (i.e., Sewre) dock is not operational at this time, and for it to be operational, it would require a new CAMA Major. That being the case, the Dogwood facility would need to be designed to provide at least 100' of separation from the Hammock Watch facility and the maximum number of slips would be 9, which I believe they have agreed to do. That being the case, would the DMF support the Hammock Watch facility, as proposed today? Dana Dana A. Lutheran Southern Environmental Group, Inc. 55 i 5 South College Road, Suite E Wilmington, NC 2841 2 Office: 910.452.271 1 Mobile: 910.225.1 84I (preferred) www.5egi.u5 From: Humphrey, Jeremy <ieremy.humphrey@ncdenr.gov> Sent: Wednesday, June 2, 2021 2:39 PM To: Dana Lutheran <dlutheran@segi.us> Subject: Marina rules and policy Hi Dana. I have attached the document that you requested. Within the pdf is also a weblink to the dockages section of our rules. Cited below are two rules that pertain to the Hammock Watch circumstance. I hope that you find this information useful. Please contact me should you have additional questions. 5 (5) Areas, other than marinas, where boats are moored or docked may be considered on a case -by -case basis with respect to sanitary significance relative to actual or potential contamination and classification shall be made as necessary. (6) The cumulative impacts of multiple marinas, entrance canals, or other mooring areas, in close proximity to each other are expected to adversely affect public trust waters. When these situations occur the Division will recommend closures exceeding those outlined in Item (3) of this Rule. The following guides will be used in determining close proximity: (a) marina entrance canals within 225 feet of each other; (b) open system marinas within 450 feet of each other (Mooring areas shall be considered open system marinas); (c) where closure areas meet or overlap; and (d) open system marinas within 300 feet of a marina entrance canal Thank you, Jeremy Jeremy Humphrey Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office Jeremy.Humphrey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothlrno Co p Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 6