20060030 Ver 2_More Info Letter_20091103

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
November 3, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Pecan Grove Homeowners Association
103 S. Sea Lily Court
Hampstead, NC 28443
Dear Sirs:
Dee Freeman
Secretary
This letter is in regards to your application request under the Coastal Area Management Act (CAMA) and
the State Dredge and Fill Law to dredge an access channel and basin, relocate an existing boat ramp, install
a gravel driveway and parking area, to perform maintenance excavation, and install eight channel markers
in the waters adjacent to Pelican Walk Road, north of Hampstead in Pender County. Processing of the
application, which was received by the Division of Coastal Management's Wilmington office on July 2,
2009, is now complete. Based on the state's review, the Division of Coastal Management has made the
following findings:
1) The proposed project involves the relocation and enlargement of an existing 62 foot long by 15
foot wide boat ramp. The existing ramp would be relocated approximately 4 feet to the south and
increased in length by 10 feet.
- - - - 2)--- -`Fhe-proposed-expanded -boat ramp- and - now- access•channel_w.auld.proxide Accm.tR.tkp�p!LiLty -
owners within the Pecan Grove Subdivision, as well as to the property owners within the Pelican
Walk Subdivision that currently utilize the existing boat ramp. The Pecan Grove property owners
currently have deeded access to an existing boat ramp facility located on Lewis Road, which is
approximately one half mile from the proposed project location.
3) The proposed project would involve a combination of new excavation of shallow bottom habitat,
as well as maintenance excavation of a previously excavated channel OECEIVED the southwest of the
existing boat ramp facility.
NOY 04 20
DCM WILMINGTON, NC
400 Commerce Ave., Morehead W NC 28557
Phone:2524W28081FAX:[phone]= hriernetwww.no�tahnana9WW-ft0t ia

Pecan Grove HOA
November 3, 2009
Page 2
4) On May 22, 2009, staff from the N.C. Division of Marine Fisheries conducted a shellfish and
submerged aquatic vegetation survey of the proposed area of new excavation. Several shellfish
species along with moderate to sparse concentrations of submerged aquatic vegetation were
observed.
5) The new excavation would impact a total of 2,594 square feet of submerged aquatic vegetation
habitat.
6) The waters adjacent to the proposed project are open to the taking of shellfish.
7) During the course of the joint State and Federal review of the proposed project, several agencies
expressed concerns over the proposed impacts to submerged aquatic vegetation habitat and
shellfish resources. Specifically, the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission, the N.C. Division of Coastal Management and the National Marine
Fisheries Service all recommended denial of the permit application due to anticipated significant
adverse impacts to shellfish and submerged aquatic vegetation habitat. Each of these agencies
expressed concern that the applicants have a feasible alternative boat ramp location at the Lewis
Road site that currently avoids such adverse impacts.
g) On October 9, 2009, the N.C. Division of Water Quality denied an application for the required 401
Water Quality Certification based on a determination that the proposed loss of 4594 square feet of
submerged aquatic vegetation habitat would violate State Water Quality Standards by removing a
significant existing use which is present in the water body.
9) Based upon the findings outlined above, the Division has determined that the proposed
project is inconsistent with the following rules of the Coastal Resources Commission;
a) 15A NCAC 07H.0206(d) (Use Standards for Estuarine Waters), which states "Suitable landfwater
uses shall be those consistent with the management objectives in this Rule. Highest priority of use
shall be allocated to the conservation of estuarine, waters and their vital components. Second
priority of estuarine waters use shall be given to those types of development activities that require
water access and use which cannot function elsewhere such as simple access channels; structures
to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings.
- ____. —__In every- �.pa<ticular- location, use, �tt4i sign characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust areas k,
Rule .0208 of this Section."
b) 15A NCAC 07H.0208(aX2)(B), which states "Before receiving approval for location of a use or
development within these ABCs, the permit - letting authority shall fwd that no suitable alternative
site or location outside of the AEC exists for the use or development and, further,
applicant has selected a combination of sites and design that will have a minimum adverse impact
upon the productivity and biologic integrity of coastal marshland, shellfish beds, beds of
submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites
400 Carunduce Ave , MOTOR W aty, NC 28557 mot. JhCaro
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Pecan Grove HOA
November 3, 2009
Page 3
for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay
c) 15A NCAC 07H.0208(a)(2)(C), which states "Development shall not violate water and air quality
standards."
d) 15A NCAC 07H.0208(b)(1), which states "Navigation channels, canals, and boat basins shall be
aligned or located so as to avoid primary nursery areas, highly productive shellfish beds, beds of
submerged aquatic vegetation, or significant areas of regularly or irregularly flooded coastal
wetlands."
e) 15A NCAC 07H.0601, which states "No development shall be allowed in any AEC which would
result in a contravention or violation of any rules, regulations, or laws of the State of North
Carolina or of local government in which the development takes place."
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit be
denied. This denial is made pursuant to N.C.G.S. 113A -120 (a)(8), which requires denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans,
N.C.G.S. 113- 229(c)(5), which requires denial for projects that will cause a significant adverse effect on
wildlife or freshwater, estuarine or marine fisheries.
If you wish to'appeal this denial, you are entitled to a hearing. The hearing will involve appearing before
an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a
recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of
a written petition, complying with the requirements of §150B of the General Statutes of North Carolina,
and must be filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699 -6714, (919) 733 -2698, within twenty (20) days from the date of this letter. A copy of this petition
should be filed with this office. If you have any questions concerning this matter, please contact Mr. Doug
Huggett at (252) 808 -2808.
Sincerely,
H. Gregson
cc: Colonel Jefferson Ryscavage — U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director — OCRM/NOAA, Silver Spring, MD
DCM - Wilmington
DCM Central Files
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone]%FAX:[phone] Intemet: w m.n oowWmanep=LneI
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