HomeMy WebLinkAboutDenial_20191004ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 4, 2019
DWR # 19-0906
Currituck County
CERTIFIED MAIL: 7019 0160 0000 3479 8780
RETURN RECEIPT REQUESTED
Janice H. Olsen
1324 Moore Street
Philadelphia, Pennsylvania 19148
Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION
206 Waterside Drive, Harbinger, NC — Proposed fill of 0.13 acres of 404 wetlands
Dear Ms. Olsen:
On July 5, 2019, the Division of Water Resources (Division) received your application dated June 21, 2019,
requesting a 401 Water Quality Certification from the Division for the subject project with subsequent
information received on July 23, 2019 through August 3, 2019.
Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines that water
quality standards are met. The project has not met the following requirements:
15A NCAC 02H .0506(c)(1)
"has no practical alternative as described in Paragraph (f) of this Rule"
The applicant has not clearly demonstrated that a sufficient purpose and/or need exists for the
project, from which a determination of no practical alternatives can be made, or to provide a
starting point for avoiding or minimizing the proposed 0.13 acres of 404 wetland losses.
15A NCAC 02H .0506(c)(2)
"will minimize adverse impacts to the surface waters based on consideration of existing
topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria
outlined in Paragraph (g) of this Rule"
The applicant has not demonstrated that minimization of impacts has taken place sufficient to
support the existing uses of any remaining wetlands upon project completion.
In accordance with 15A NCAC 02H .0507(e) your application for a 401 Water Quality Certification is
hereby denied.
This decision can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
MORTM G1W`UW.
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OLSEN PROPERTY— PROPOSED WETLAND FILL
D W R# 19-0906
401 WQC Denial
Page 2of2
A petition form may be obtained from the OAH at http://www.ncoah,com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending via US Postal Service: if sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under section 401 of the Clean Water Act. Please be aware that
you have no authorization under Section 401 of the Clean Water Act for this activity and any work done
within waters of the state would be a violation of North Carolina General Statutes and Administrative
Code. Contact Paul Wojoski at 919-807-6360 or paul.woioski@ncdenr.gov if you have any questions or
concerns.
Sincerely,
U
Li a Culpepper, Director
Division of Water Resources
cc: Joe Lassiter, Lassiter Environmental Consulting, LLC
Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail)
Todd Bowers, EPA (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Ron Renaldi, DCM Elizabeth City (via e-mail)
Cynthia Rountree, DCM Elizabeth City (via e-mail)
DWR WaRO 401 files
Laserfiche
Wojoski, Paul A
From: Wojoski, Paul A
Sent: Thursday, September 26, 2019 8:57 AM
To: Haupt, Mac
Subject: FW: 401 Water Quality Certification Denial: Olsen - 206 Waterside Drive (Harbinger -
Currituck Co.) - Denial letter and memo (BIMS #2019-0906 v1)
Attachments: 19-0906 Olsen Denial Letter - 20190925.docx; 19-0906 Olsen Property Denial Memo
20190925.docx; 20190906.1fe
Another denial to carry up.
Thanks,
Paul
Paul Wojoski
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
(919) 707-3631 office
Paul.Woioski(aDncdenr.gov
512 N. Salisbury Street (Archdale Building), Suite 942-F, 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: May, David
Sent: Wednesday, September 25, 2019 4:28 PM
To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov>
Cc: Zimmerman, Jay <jay.zimmerman@ncdenr.gov>; Gregson, Jim <jim.gregson@ncdenr.gov>; Poupart, Jeff
<jeff.poupart@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Pullinger, Robert C
<chris.pullinger@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Subject: 401 Water Quality Certification Denial: Olsen - 206 Waterside Drive (Harbinger - Currituck Co.) - Denial letter
and memo (BIMS #2019-0906 v1)
Paul,
The Washington Regional Office recommends denial of a 401 Water Quality Certification request. Fill is recommended
at a residential property in Currituck County, with no supporting need to justify authorization of the activity and issuance
of the 401 certification. A memo is attached summarizing the project and basis for denial, along with a letter for the
Director's signature. A live Laserfiche link is also attached, which should direct you to file content for the project.
A couple of notes related to the subject denial project:
Through review of this project, it appears that the neighbor to the south has placed unauthorized fill on their
property and constructed a swimming pool. There's no indication that the neighbor's project was coordinated
with NC DEQ or other resource agencies. No compliance based action against the neighbor has been initiated
at this time.
• The 401 Water Quality Certification is associated with a CAMA Major Permit Application. CAMA is seeking a
position from DWR on the project. Our response to CAMA is considered on hold, pending a final position on the
401 Water Quality Certification matter.
Should the 401 & Buffer Permitting Branch be in agreement with the regional denial recommendation, please forward
the denial process along towards approval/signature by the Director.
In the event there are any questions or modifications are needed to any of the associated documents, please let us
know.
Thanks
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.