20090169 Ver 1_More Info Letter_20090313

Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
March 13, 2009
DWQ Project # 09 0169
Carteret County
CERTIFIED MAIL: 7007 0220 0000 8222 7719
RETURN RECEIPT REQUESTED
Jonathan McDaniel and Cheryl Kirchner
1809 Calico Drive
Morehead City, NC 28557
Subject Property: 1809 and 1811 Calico Drive
REQUEST FOR MORE INFORMATION/HEADING TOWARDS DENIAL
Dear Mr. McDaniel and Ms. Kirchner:
On February 16, 2009, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your
CAMA application dated February 12, 2009 for a joint pier, platform and boatlifts to be shared by the above-
mentioned properties. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as required by
15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide all of the following information so that we may continue to review your project.
Additional Information Requested:
The North Carolina Division of Marine Fisheries (DMF) is recommending.denial of the proposed
project due to the primary nursery area (PNA) designation by DMF. DMF is concerned that your
proposed project would cause significant adverse impacts to the PNA, which would be considered a
degradation of waters, which would result in violations of the following Water Quality Standard
15A NCAC 0211.0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a
water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall
be evaluated according to the procedures outlined in 15A NCAC 2H.0500. Activities which receive a
water quality certification pursuant to these procedures shall not be considered to remove existing
uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of
wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H
.0506©(1)-(5) in determining the potential impact of the proposed activity on the existing uses of the
wetland per 15A NCAC 2H .0231.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality orq
An Equal Opportunity/Affirmative Action Employer
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North Carolina Department of Environment and
Division of Water Quality
North Carolina
NRatlmralty
Customer Service 1-877-623-6748
Page Two
Jonathan McDaniel and Cheryl Kirchner
DWQ # 09 0169
March 13, 2009
DMF recommends that 1) removal of both proposed boatlifts; 2) the addition of handrails to the pier and; 3) the
small sections of oyster rock to be impacted by pilings are hand dug for the placement of the pilings. If the
recommendations of DMF are followed, the DWQ will have no objection.
Please respond within three weeks of the date of this letter by sending this information to me in writing and two
copies to Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. Please reference
the DWQ Project # of 2009 0169 in all future correspondence. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized
(at this time) by the DWQ. Please call me at 910.796.7215 or Ian McMillan at 919.715.4631 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
oanne Steenhuis
Senior Environmental Specialist
cc: Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead Office
Heather Styron - DCM Morehead Office
Trish Murphey - Division of Marine Fisheries - Morehead
WiRO