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HomeMy WebLinkAbout20181699 Ver 1_Staff Notes_20200227Wojoski, Paul A From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 27, 2020 12:43 PM To: Wojoski, Paul A Cc: Mairs, Robb L; Bodnar, Gregg Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hi Paul, We reviewed this project through the PGP 291 process, and haven't officially closed the loop yet. Technically, our comments kind of serve as our authorization, but a formal letter to the applicant will be required, since we did not deny the project after the DCM denial, nor did those comments go directly to the applicant. It's a little out of sorts. What we will likely end up doing is sending a letter which will include the conditions outlined in the 2019 letter, along with the NMFS letter as an attachment for reference, the 291 conditions, and revised plans. The S-Curve dredging would be specifically called out as not authorized. With the 401 denial, I'm now wondering where that puts us ... can you forward a copy of it when you get a chance? I'm looking around in my folders, but haven't found it. I'll be back in touch -need to talk with Mickey about this again. Liz From: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Sent: Thursday, February 27, 2020 12:21 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hi Liz — The 401 has been denied. I spoke with Steve today about the possibility of an appeal of the denial (through the NC Administrative Procedures Act) or a re -application containing unconsidered information. Currently we are reviewing this internally to clarify process. More to come. Sorry I'm a bit out of the loop here: Has the Corps issued an authorization for the project? RGP 0291? I've seen the Corps comments, but am a bit unclear under what process the Corps is authorizing. Thanks, Paul Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Paul.Woioski(a)ncdenr.gov Wojoski, Paul A From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 27, 2020 2:44 PM To: Wojoski, Paul A; Bodnar, Gregg Cc: Mairs, Robb L Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Sorry for so many emails on this. After discussing with Mickey, since our authorization would differ from that of the CAMA variance, and ultimately the conditioned DCM authorization, we are pulling the project out of the joint process, and will be authorizing the maintenance dredging (boat basin and access channel -minus the S-curve) under a NWP 35, and the oysterbeds possibly under a NWP 18, if they keep the oyster shell disposal to the threshold of 25 cubic yards of material placed below the high tide line. I'll make sure to copy everyone on the letter, once I get it drafted. Please let me know if you have any other questions regarding our process. Liz From: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Sent: Thursday, February 27, 2020 12:21 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hi Liz — The 401 has been denied. I spoke with Steve today about the possibility of an appeal of the denial (through the NC Administrative Procedures Act) or a re -application containing unconsidered information. Currently we are reviewing this internally to clarify process. More to come. Sorry I'm a bit out of the loop here: Has the Corps issued an authorization for the project? RGP 0291? I've seen the Corps comments, but am a bit unclear under what process the Corps is authorizing. Thanks, Paul Paul Wojosk! 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Paul .W000ski ncdenr. ov 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: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, February 27, 2020 10:49 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Wojoski, Paul A <Paul.Woioski@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates • ! Exterrmail. Do not click links or open attachments unless you verify. S Aft Hi Gregg, Yes, the oyster beds would need to be authorized. I'm thinking that they proposed the oysterbeds after we issued our comment letter, is that correct? We could authorize them by our new letter, but we would still prohibit the S-Curve dredging. Paul/Robb: How are you handling the 401? Liz From: Bodnar, Gregg <greg-g.bodnar@ncdenr.gov> Sent: Thursday, February 27, 2020 9:35 AM To: Wojoski, Paul A <Paul.Woioski@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates There were no CRC conditions associated with the variance. Our permit will have conditions typical with the proposed development. G regg From: Wojoski, Paul A <Paul.Woioski@ncdenr.gov> Sent: Thursday, February 27, 2020 9:33 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Thanks Gregg. Did the CRC include any conditions with the variance approval? Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Paul.Woioski(a)ncdenr.aov 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: Bodnar, Gregg Sent: Thursday, February 27, 2020 9:00 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Mairs, Robb L <robb,mairs@ncdenr.gov>; Wojoski, Paul A <Paul.Wo'oski ncdenr. ov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hey Liz, Just spoke with Robb and he wanted me to bring in him and Paul so everyone is on the same page as things progress. Your authorization did not mention anything about the oyster beds they proposed after the breakwaters were removed from the project. Is that something they will also need to get authorized? Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 27, 2020 8:30 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [Nan-DoD Source] RE: [External] RE: Shinn Creek Estates External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to EM- , Hi gregg, So that is correct. The new dredging of the s-curve is prohibited based on our consultation with NMFS. Once we receive a copy of the variance and your conditioned authorization, we will send our conditioned letter to the applicant. I'm guessing they will be in contact with me shortly thereafter. Liz Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: "Bodnar, Gregg" <gre g.bodnar@ncdenr.eov> Date: 2/27/20 8:23 AM (GMT-05:00) To: "Hair, Sarah E CIV CESAW CESAD (US)" <Sarah.E.Hair@usace.army•mil> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hey Liz, So reading your now readable authorization condition #2 does not authorize the dredging within the S Curve. This was also authorized in the CRC variance. I will make reference in our permit that authorization must be obtained from USACE, and place the moratorium. Will that work? G regg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair(c@usace.army.mil> Sent: Thursday, February 27, 2020 8:13 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Weird! Ok I'll scan and re -send the email. Thanks for letting me know Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: "Bodnar, Gregg" <greRP.bodnar@ncdenr.go > Date: 2/27/20 7:41 AM (GMT-05:00) To: "Hair, Sarah E CIV CESAW CESAD (US)" <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Thanks Liz, So the documentation I have from you was strange, because you had in your email discussion about a moratorium but the authorization had a section that was blacked out. Seeing your attachments what happened was your authorization was printed on a B&W printer and the highlighted area became "redacted". That's why I wanted to ask. Thanks again, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, February 26, 2020 3.28 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov> Cc: Twyla Cheatwood <Twyla.Cheatwocd@noaa.gov>; pace wilbur <pace.wilber@noaa.gov> Subject: [External] RE: Shinn Creek Estates 5 3 External ernaL I& not click links or open attachrnemb *Mess you r report.sparniW lc.Roy _ _ , Attached are the Corps' comments/recommendations for the proposed project. Unchanged from the original. The first 3 conditions which prohibit breakwater construction and new dredging of the "S-Curve" or "S-Channel", and restricts maintenance dredging to the period of October 1 to March 31, are a result of EFH consultation pursuant to the Magnuson -Stevens Act with the National Marine Fisheries Habitat Conservation Division (also attached for reference). Please let me know if you have any questions. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hairCa@usace.army.mil 910-251-4049 From: Bodnar, Gregg < re .bodnar ncdenr. ov> Sent: Wednesday, February 26, 2020 2:34 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Shinn Creek Estates Hey all, With the passing of the variance for Shinn Creek I wanted to touch base with everyone concerning any thoughts on a moratorium since there were only objections and not comments if the project were to be authorized. Also Robb let me know if you have authorized yet. We will be finishing things up asap. Thanks. 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