20090169 Ver 1_DCM Comments_20090629

Dq- ofLq
ffl, : v'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
June 25, 2009
CERTIFIED MAIL RETURN RECEIPT REQUESTED JUN 2 9 2009
Mr. Jonathan McDaniel
1809 Calico Drive
Morehead City, NC 28557
Ms. Cheryl Kirchner
1811 Calico Drive
Morehead City, NC 28557
Dear Mr. McDaniel and Ms. Kirchner:
14R - WETLAND AND sroRM a?fER 8WtcH
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA), in which authorization was requested to install a dock with two
boatslips adjacent to Calico Creek, in Carteret County. Processing of the application, which was
received as complete by the Division of Coastal Management's Morehead City Office on
February 2, 2009, is now complete. Based on the state's review, the Division of Coastal
Management has made the following findings:
1) The proposed project is located within a Primary Nursery Area (PNA), as
designated by the North Carolina Marine Fisheries Commission. Primary Nursery
Areas are those areas in the estuarine and ocean system where initial post larval
development of finfish and crustaceans takes place.
2) The proposed docking facility would extend approximately 110 feet into the waters
of Calico Creek. The waterbody is approximately 440 feet wide at this location.
Water depths within the area of the proposed slips range from -0" to -6" Normal
Low Water Level.
3) During the course of the joint State and federal permit application review process,
NC Division of Marine Fisheries stated that prop kicking from vessels using the
docking facility would result in significant adverse impact on the Calico Creek
PNA system. The Division of Coastal Management staff made a similar finding.
The NC Wildlife Resources Commission also echoed these concerns. Additionally,
the Division of Water Quality indicated that they were heading towards denial of
the Water Quality Certification due to significant adverse impacts to the Primary
Nursery Area.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagement.net
Mr. McDaniel/Ms. Kirchner
June 25, 2009
Page 2
4) Based upon the above referenced findings, the Division has determined that the
proposed project is inconsistent with the following rules of the Coastal Resources
Commission:
a) 15A NCAC 07H.0206(c), which states "Management Objective. To
conserve and manage the important features of estuarine waters so as to
safeguard and perpetuate their biological, social, aesthetic, and
economic values; to coordinate and establish a management system
capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine and ocean system."
b) 15A NCAC 07H.0208(a)(2)(B), which states that "Before receiving
approval for location of a use or development within these AECs, the
pen-nit-letting authority shall find that no suitable alternative site or
location outside of the AEC exists for the use or development and,
further, that the applicant has selected a combination of sites and design
that will have a minimum adverse impact upon the productivity and
biologic integrity of coastal marshland, shellfish beds, beds of
submerged aquatic vegetation, spawning and nursery areas, important
nesting and wintering sites for waterfowl and wildlife, and important
natural erosion barriers (cypress fringes, marshes, clay soils)."
Given the preceding findings, it is necessary thar your request for issuance of a CAMA
Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant
to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state
guidelines for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of a written petition, complying with the requirements of
515013 of the General Statutes of North Carolina, and must be tiled with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty
(20) days from the date of tills letter. A copy of this petition should be filed with this office.
Also, you are advised that as long as this state permit denial stands, your project must be
deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the
issuance of federal permits for this project. The Federal Coastal Zone Management Act (CZMA)
gives you the right to appeal this finding to the U.S. Secretary of Commerce within thirty days of
receipt of this letter. Your appeal must be on the grounds that the proposed activity is (1)
consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of
national security, and thus, may be federally approved.
Mr. Daniel/Ms. Kirchner
June 25, 2009
Page 3
Members of my staff are available to assist you should you desire to modify your
proposal in the future. If you have any questions concerning this matter, please contact Mr.
Jonathan Howell at [phone], extension 211.
Sincerely,
4as H. Gregson
cc: Colonel Jefferson M. Ryscavage - U.S. Army Corps of Engineers, Wilmington, NC
David Kennedy, Director - OCRM/NOAA, Silver Spring, MD
David Timpy, ACOE
DCM - Morehead City