20071809 Ver 1_Denial Letter_20080114

O~pF w H TF9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
L.r~~~ ~ North Carolina Department of Environment and Natural Resources
` ~i
(p ~ Coleen H. Sullins, Director
Division of Water Quality
January 1.4, 2008
DWQ#: 07-1809
Dare County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
#7002 1000 0005 2387 3499
Town of Southern Shores
Attn: Mike Hejduk
5375 North Virginia Dare Trail
Southern Shores, NC 27949
Subject: Denial of Request for 401 Certification
Request for Canal Dredging Phase I in the Town of Southern Shores
Dare County
Dear Mr. Hejduk:
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water
Act was received on October 26, 2007. The activity for which the certification is requested is to
allow the dredging of approximately 2.3 miles of open waters of the Currituck Sound, Jean Guite
Creek, and the Town of Southern Shores Canal system. These waters are classified as SC by the
Environmental Management Commission (EMC) and also designated as a Primary Nursery Area
(PNA) by the Wildlife Resources Commission (WRC). The proposed project requests to dredge
33,231 cubic yards of bottom sediments with 228,400 square feet of that area containing
Submerged Aquatic Vegetation (SAV). A Water Quality Certification represents a determination
by the Division that the activity, for which the federal permit or license is being required, is not
expected to result in a violation of state water quality standards for Waters of the State.
Our review must determine whether a proposed project will remove or degrade the existing uses
of Waters of the State. Through a thorough review of the project as well as a site visit to the
proposed project area, a scoping meeting with the applicant and comments from other resource
agencies, our staff has determined that the request to dredge the project area is a "Removal of
Best Use" as described in 1 SA NCAC 2B. 0220(1)(2) and prohibited by 15A NCAC 2H .0506.
The Division has determined that the dredging activity will result in the removal of 228,400
square feet of SAV habitat. Impacts to these waters would also carry secondary and cumulative
impacts to fisheries resources by the removal of habitat in an area designated for fish propagation.
Therefore, I am hereby notifying you that this project, in the state that it currently is proposed,
would violate 15A NCAC 2H.0506, and in accordance with 15A NCAC 2H .0507(e), your
application fora 401 Water Quality Certification is hereby denied.
If you wish to appeal this decision, you have the right to an adjudicatory hearing upon written
request within sixty (60) days of your receipt of this denial. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
North Carolina Division of Water Quality Internet: ~~_w~}_.ncv`aterct~iality.o~ T~~017e L,
943 Washington Square Mall Phone [phone] V ~l't11Car~I111a
Washington, NC 27889 Fax [phone] a,~~~y~~//~
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ~/ V [ l

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Town of Southern Shores
January 14, 2008
Page Two
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This denial is final and
binding unless you ask for a hearing.
Should you have information that you believe may alter our decision, we are available to discuss
this matter further. Please direct such information, or questions regarding this denial, to Mr. Ian
McMillan at 919-715-4631, Ms. Cyndi Karoly at 919-733-9721, or Kyle Barnes at our
Washington Regional Office at 252-948-3917.
Sincerely,
y ~"~ ~ l
Coleen H.Sullins
CS/AH/lj
cc: Cyudi Karoly, DWQ 401 Oversight/Express Unit
David Lekson, US Army Corps of Engineers, Washington Field Office
Ken Jolly, US Anny Corps of Engineers, Wilmington District Office
Doug Huggett, CAMA Major Permits Coordinator, Morehead
Rebecca Fox, US Environmental Protection Agency -Region IV
Kyle Barnes, DWQ, WaRO
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