20040337 Ver 2_Denial Letter_20151214

Water- Resources
L NVIR'ONMEINTA;,. QUALITY
December 14, 2015
CERTIFIED MAIL: 7008 1300 0000 1124 1848
RETURN RECEIPT REQUESTED
Waters Edge Homeowners Association
Attn: Michael Mac and John Corkrum
2108 Capital Drive Suite 102
Wilmington, NC 28405
PAT MCCRORY
DONALD R. VAN DER VAART
Subject: DENIAL of 401 Water Quality Certification
Waters Edge HOA Boat Dock Dredging Project, Hampstead
Dear Messrs. Mac and Corkrum:
S. JAY ZIMMERMAN
DWR # 04-0337 v2
Pender County
On July 29, 2015, the Division of Water Resources (Division) received your CAMA application
dated July 23, 2015, requesting a 401 certification for new dredging at your docking facility.
Your project is located within an area classified as Outstanding Resource Water (ORW) and is
proposing to dredge submerged aquatic vegetation (SAV).
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:
Title 15A NCAC 02B.0225(c)(2)
"Saltwater: Water quality conditions shall be maintained to protect the outstanding
resource values of waters classified ORW. Management strategies to protect resource
values shall be developed on a site-specific basis during the proceedings to classify
waters as ORW. New development shall comply with the stormwater provisions as
specified in 15A NCAC 02H. 1000. Specific stormwater management requirements for
saltwater OR Ws are described in 15A NCAC 02H.1007. New non -discharge permits shall
meet reduced loading rates and increased buffer zones, to be determined on a case-by-
case basis. No dredge or fill activities shall be allowed if those activities would result in a
reduction of the beds of submerged aquatic vegetation or a reduction of shellfish
producing habitat as defined in 15A NCAC 031.0101(b)(20)(A) and (8), except for
maintenance dredging, such as that required to maintain access to existing channels and
facilities located within the designated areas or maintenance dredging for activities such
as agriculture. A public hearing is mandatory for any proposed permits to discharge to
waters classified as ORW."
State of North Carolina I Environmental Quality I Water Resources 1401 & Buffer Permitting Unit
1617 Mail service Center, Raleigh, North Carolina 27699-1617
919 707 9000

Waters Edge HOA Boat Dock Dredging project
DWR # 04-0337 v2
401 WQC Denial
Page 2 of 3
2. Title 15A NCAC 02H .0506(b)
"The Director shall issue a certification upon determining that existing uses are not
removed or degraded by a discharge to classified surface waters for an activity which
(3) does not result in the degradation of groundwaters or surface waters;"
In your letter to the Division dated October 10, 2015, you state that you are aware of the
presence of SAV in the project area and that the project will not be in compliance with state
rules.
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 1500 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at htt .-ZZwww.ncoah.corn/ or by calling the
OAH Clerk's Office at [phone] 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 [phone], 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 the Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Waters Edge HOA Boat Dock Dredging Project
DVVR#O4f}337v2
401VVQ[Denial
Page 3nf3
This completes the review of the Division under section 401 of the Clean Water Act and 15A
NCACO2H .0500. Please be aware that you have no authorization under Section 402 of the
Clean Water Act for this activity and any work done within waters ofthe state would be
violation DfNorth Carolina General Statutes and Administrative Code.
Contact Joanne Ste8nhuis@t910.796.73O6or orKaren Higgins
at 919.807.6360 or Karen, Higgins@_ncden r.gov if you have any questions or concerns.
Director, Division of Water Resources
CC: Adam Kniehrn—K4aritSChLLC, —ekeCtnDnircopy
LizHair—USACE—rmv.—e|ectnoniccnpy
Heather Coats — DCM Wilmington —e|eC±nDniccopy
Jason Dail —OCK4 VV||rningtOD — electronic copy
Todd Bowers — EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
]OJnneSteSnhOiS—DVVRVVKO
File Copy
File name: O4U33m2vvateoEdge/wanoa(pender)_oenia|.docv