20061909 Ver 1_Denial Letter_20070205

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
February 5, 2007
DWQ#: 2006-1909
Dare County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Lee Tugwell
Skyco Development Company, LLC
1 Sailfish Drive
Manteo, NC 27954
Subject: Denial of Request for 401 Certification
Skyco Development, Roanoke Island
Dare County
Dear Mr. Tugwell:
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was
received on December 11, 2006. The activity for which the Certification is requested is to allow the
excavation of 8530 square feet of coastal wetlands to connect three existing mosquito ditches to a
proposed horseshoe-shaped upland basin to allow for the installation of a 50 slip marina and associated
SO lot subdivision. 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 a
wetland or waters. Based upon a thorough review of the project as well as a scoping meeting with the
applicant and input from other resource agencies including the NC Division of Marine Fisheries
(including Shellfish Sanitation), NC Division of Coastal Management, and NC Wildlife Resources
Commission, our staff has determined that significant existing uses are present in the wetlands as
described in 15A NCAC 2B .0202, 15A NCAC 2B. 0221 and provided by 15A NCAC 2H .0506. In
accordance with these rules, the Division has determined that the development of the marina will cause
the permanent closure of SA waters and loss of public access to shellfish resources. There would also be
secondary and cumulative impacts to fisheries resources by the degradation of existing habitat along the
three access channels to the proposed basin. Removing the coastal wetland, thus allowing the connection
of the basin, will result in the removal of existing wetland uses and is therefore not an approvable project
under 15A NCAC 2H .0506. Therefore, I am hereby notifying you that the project design currently
proposed would be in violation of 15A NCAC 2H.0506, and in accordance with 15A NCAC 2H .0507(e),
your application fora 401 Water Quality Certification is hereby denied.
Noe Carolina
~tcrra!!y
North Carolina Division of Water Quality 225 Green Street-Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Dr. Wheeler
Page 2 of 2
February 5, 2007
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 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. We would be happy to review a modified design proposal provided that impacts are
minimized and removal of an existing use is not proposed. 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,

Alan W. Klimek, P.E.
AWK/kb
cc: Kyle Barnes, DWQ, WaRO
Cyndi Karoly, DWQ 401 Oversight/Express Unit
David Lekson, US Army Corps of Engineers, Washington Field Office
Ken Jolly, US Army Corps of Engineers, Wilmington District Office
File copy
Central files
Doug Huggett, LAMA Major Permits Coordinator, Morehead City
Rebecca Fox, US Environmental Protection Agency -Region IV
20061909 Skyco(Dare)DENIAL