20090974 Ver 1_More Info Letter_20090930

Ar A n
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 30, 2009
DWQ Project # 09 0974
Onslow County
CERTIFIED MAIL: 7007 1140 0002 9563 3032
RETURN RECEIPT REQUESTED
Anthony Sydes
PO Box 7122
Jacksonville, NC 28540
Subject Property: 117 Harbour Drive, Hubert
Request for More Information/Heading Towards Denial
Dear Mr. Sydes:
On September 4, 2009, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your
CAMA application dated September 2, 2009 for the addition of 7 boat slips to an existing two slip docking
facility. 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 addition of seven slips to the existing two slip docking facility and the adjacent docking facilities
(neighbors) has been determined by the Division of Environmental Health (DEH) Shellfish Sanitation
Section that it will cause a closure to the existing open shellfish waters (SA/HQW). This would be
considered a degradation of waters, which would result in violations of the following Water Quality
Standards
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(b) Existing uses, as defined by Rule .0202 of this Section, and the water quality to protect such uses
shall be protected by properly classifying surface waters and having standard sufficient to protect these
uses. In cases where the Commission or its designee determines that an existing use is not included in
the classification of waters, a project which shall affect these waters shall not be permitted unless the
existing uses are protected.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality.org
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Page Two
Anthony Sydes
DWQ # 09 0974
September 30, 2009
(d) The Commission shall consider the present and anticipated usage of High Quality Waters (HQW),
including any uses not specified by the assigned classification (such as outstanding national resource
waters or waters of exceptional water quality) and shall not allow degradation of High Quality Waters
below the water quality necessary to maintain existing and anticipated uses of those waters. High
Quality Waters are a subset of waters with quality higher than the standards and are as described by
15A NCAC n2B.01019e)(5). The procedures described in Rule.0224 of this Section shall be
implemented in order to meet the requirements of this part.
(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.
If the number of boat slips proposed are reduced sufficiently so there will not be a closure of waters by DEH, then
the DWQ will not object to this project.
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 0974 in all future correspondence. In addition you need to contact the Division of
Coastal Management to revise your application. 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.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
cc: Steve Antmori- Antinori Construction
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead Office
Barry Guthrie - DCM Morehead Office
Andrew Haines - Shellfish Sanitation Morehead City
WiRO

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Environmental Health
Beverly Eaves Perdue Terry L. Pierce
Governor Director
MEMORANDUM September 11, 2009
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Andrew Haines
Shellfish Sanitation and Recreational Water Quality Section
SUBJECT: 117 Harbour Drive
Onslow County
Dee Freeman
Secretary
This 9-slip docking facility, as proposed, would bring about a closure extending 100 feet in all
directions from the last slips on this and the adjacent dock to the east. There is a small, privately
owned dock less than 50 feet from the proposed project, which contains at least two slips. Thus, the
total slip count within the area, if this project were permitted, would be 11, which would necessitate
the closure.
Additionally, there is a property just west of the proposed project that does not currently include a
dock. The construction of any slips on that property that would bring the total slip count across the
three adjacent properties to greater than 10 would also cause a closure. It is requested that the
owners of the adjacent property to the west be required to go through the major permitting process
should they request any docks in the future.
Shellfish Sanitation and Recreational Water Quality Section - Patti Fowler, Acting Chief
P.O. Box 769, Morehead City, North Carolina 28557-0769
Phone: [phone] FAX: [phone] Internet: www,deh.enr.state,nc,us/shellfish/index.htm
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