20141165 Ver 3_Denial Discussion Emails_20160907 (2)

Strickland, Bev
From: Bland, Raleigh W SAW <[e-mail]>
Sent: Wednesday, September 07, 2016 3:34 PM
To: Brian Rubino; Scarbraugh, Anthony; Biddlecome, William J SAW
Cc: Huggett, Doug; Howell, Jonathan; Hart, Kevin
Subject: RE: Carawan Marina Denial Discussion
USACE was in position to issue the permit provided it made it through the State's process. In this regard we had
provided recommended permit conditions to NCDCM for inclusion in the issued permit in addition to the mitigation
transfer responsibility form. If the State's position is resolved we will then proceed with the Federal authorization, but
until then, without the required CZM, we are in a Denial without Prejudice status. Hope this helps and please call if there
are any additional questions or items that we can address......
-----Original Message -----
From: Brian Rubino [mailto:[e-mail]]
Sent: Wednesday, September 07, 2016 3:14 PM
To: Bland, Raleigh W SAW <[e-mail]>; Scarbraugh, Anthony
<[e-mail]>
Cc: Huggett, Doug <[e-mail]>; Howell, Jonathan <[e-mail]>; Hart, Kevin
<[e-mail]>
Subject: [EXTERNAL] FW: Carawan Marina Denial Discussion
Raleigh and Anthony,
You are probably aware that the recent Carawan Marina CAMA Major Modification request was denied by DCM. Initially
after receiving this, the owner was in favor of appealing the permit decision and/or applying for a CAMA variance. I
have been working with his attorney to attempt to identify a solution that is acceptable to Phillip and will allow his
permitted jetties to be built w/o appeal or variance. The modification request was for wetland impacts/fill to be able to
access, build and maintain the western jetty. We received the 401 cert for this and I believe we were on track to receive
USACE approval (if DCM was able to permit). I believe that temporary timber matting during construction will be
adequate. DCM is in agreeance that this is acceptable (and allowed under the existing permit) and the purpose of this
email is to confirm that DWR and USACE will also allow this under the existing permit as well. Please advise and let me
know if we should discuss further. See below email to Doug Huggett. I have also discussed with Jonathan Howell. Both
are cc'd here.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President

Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
Blockedwww.quible.com <Blockedhttp://www.quible.com/>
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From: Huggett, Doug [mailto:[e-mail]]
Sent: Tuesday, September 06, 2016 9:35 AM
To: Brian Rubino <[e-mail]>
Subject: RE: Carawan Marina Denial Discussion
Brian
I just got back in from vacation. I am looking into this and will call you as soon as I can get up with Jonathan and discuss
with him.
Thanks
pil

Doug
Doug Huggett
Manager, Major Permits and Federal Consistency Section
North Carolina Division of Coastal Management
[e-mail] <mailto:[e-mail]>
[phone] ext. 212
From: Brian Rubino [mailto:[e-mail]]
Sent: Friday, September 02, 2016 4:14 PM
To: Hart, Kevin <[e-mail] <mailto:[e-mail]> >; Howell, Jonathan
<[e-mail] <mailto:[e-mail]> >; Spears, Courtney
<[e-mail] <mailto:[e-mail]> >; Huggett, Doug <[e-mail]
<mailto:[e-mail]> >
Subject: Carawan Marina Denial Discussion
W
Today I spoke with the owner, Phillip Carawan about what his goals are and possible options. I tried to call you all this
afternoon and left messages, but I think this storm may have caused some early closures. I've also had a brief discussion
with an attorney who may try to help us, but our goal is to come up with a solution and avoid appeals, and even
variances, if at all possible. I very much would like to talk with you ASAP about whether Mr. Carawan and/or his
contractor could use timber mats to access the western jetty location for construction. I know such mats are used all
the time for logging operations in wetlands, so I think the Corps will be OK with it. My thought is that DCM might be
able to also allow this as an exemption from the definition of development, or from the coastal buffer rule if we
document that this will only be a temporary access to complete already CAMA permitted development work. I was
thinking we could send DCM a letter describing the matting we would use, how long it would be there, and how we
would assure that the area was fully restored to its natural condition after the rock is moved in. We realize we might
not be able to get the entire jetty length done this way, but if we can get the nearshore part done this way, it greatly
would help as the water depths are generally shallowest near the shore. There is no specific related language in the
existing permit. In this scenario, the 404 area to be crossed would be temporary and the 30' buffer area would be fully
restored upon completion. I understand that you cannot speak for USACE and DWR, but they have already indicated
approval for permanent impacts here, so I suspect temporary crossing would be acceptable to them. If this is allowed by
DCM, we can follow with confirmation from those agencies. It is important to know DCM's position ASAP since the
appeal deadline is near.

Thanks,
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
Blockedwww.quible.com <Blockedhttp://www.quible.com/>
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in
reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have
received this email in error please contact the sender and delete the material from any computer.