20180258 Ver 1_Denial_20180404

Wa ter klesourfes
1 N V I P,O f I AL Cis.; A,
CERTIFIED MAIL: 7008 1.300 0000 1124 5266
RETURN RECEIPT REQUESTED
MREC-Tidalwalk, LLC
Mr. David Jones
516 Northwest Street
Raleigh, NC 27603
Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION
TidalWalk Community Dock Dredging
Dear Mr. Jones,
RM, ('()0P]J(
M I ( I 1A F I , S. k 1.6 A N
DWR # 2018-0258
New Hanover County
On February 20, 2018, the Division of Water Resources (Division) received your application
requesting a 401 Water Quality Certification from the Division for the subject project, with
subsequent information received on March 13, 2018 and March 16, 2018.
Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines
that water quality standards are met, including protection of existing uses. The project has not
met the following requirements:
15A NCAC 02H.0506(b)(3)
"does not result in the degradation of groundwater or surface waters"
There would be degradation of surface waters from the proposed new dredging within
the footprint of an existing community docking facility within the waters of Myrtle Grove
Sound, which are classified as SAI; ORW (Outstanding Resource Waters) by the
Environmental Management Commission and RNA (Primary Nursery Area) by the Division
' 15A NCAC 02B .0,221(2) TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS "Conditions Related to
Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for
Public Health and shall be suitable for shellfish culture. Any source of water pollution which precludes any of these
uses, including their functioning as PNA's on either a short-term or long-term basis shall be considered to be
violating a water quality standard." Per G.S 143-213 (19), "The term 'woterpollution` means the man -mode or man_
induced alteration of the chemical, physical, biological, or radiological integrity of the waters of the State, including
but specifically not limited to, alterations resulting from the concentration or increase of natural pollutants caused
by man -related activities."
State of'North Carolina ': Environmental Quality Water Resources
1617 Mail Service ('enter i Raleigh, Noilh Carolina 27699-1617
919807 6300

TidalWalk Community Dock Dredging
DWR# 2018-0258
401 Denial
Page 2 of 3
of Marine Fisheries. Division of Coastal Management's Fisheries Resource Specialist
objected to the proposed project due to the significant adverse impacts to marine and
estuarine resources that would occur at the project site from new dredging within
designated RNA habitat (see attached memo).
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 General Statute
150B 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 http.:/Zwww.ncoah.com/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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
sendina-via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 276991-1601

TidaWa|kCommunity Dock Dredging
DWR# 2018-0258
401 Denial
Page 3 of 3
This completes the review of the Division under section 401 of the Clean Water Act. Please be
aware that you have no authorization under Section 401 of the Clean Water Act for this activity
and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Contact Chad Coburn Ht918'796'7Z15Or orKaren Higgins at 919-807-
6360 or ifyou have any questions mrconcerns.
5incensky,
Linda Culpepper, Interim Director
Division of Water Resources
Enclosure, Memo from DCM Fisheries Resource Specialist re MREC-TidalWalk, LLC
cc: Steve MOrrison—LamdManaDement Group, inc. (via email)
Greg Fimch—Land Management Group, Inc. /via email)
Tyler Crurnbley—U5ACEWashington Regulatory Field Office (via email)
Doug HVQgett—D[K4Morehead City (via email)
Heather Coats — DCK4 VViRO /via email)
VViRQ/LaserFiche
Filename: 180268K8RE[-Tda|wa|k(yemHamoxer)_401_Demia|