HomeMy WebLinkAbout20091009 Ver 1_More Info Letter_20091001
Beverly Eaves Perdue
Governor
AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 1,2009
DWQ Project # 09 1009
Carteret County
CERTIFIED MAIL: 70081140000295633049
RETURN RECEIPT REQUESTED
William and Katherine Teague
320 Buncombe Street
Raleigh, NC 27609
Subject Property:
1407 Oglesby Road, Morehead City
REQUEST FOR MORE INFORMA TION/HEADING TOWARDS DENIAL
Dear Mr. and Mrs. Teague:
On September 21,2009, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received
your CAMA application dated September 15, 2009 for boat slip with a lift to an existing pier. 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
waters 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 rnay continue to review your project.
Additional Information Requested:
1. 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 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 Comrnission 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: 910-796-7215/ FAX: 910-350-2004
Internet: www,ncwateraualitv.org
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Page Two
William and Katherine Teague
DWQ # 091009
October 1, 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 .0101ge)(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.
DMF recommends that the propose boat slip with lift be removed from the application. If the recommendation of
DMF or the withdrawal of the application is implemented, the DWQ will have no objection.
Please respond within three weeks of the date of this letter by sending this information to rne in writing and two
copies to Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. You will also
need to contact Heather Styron with the Division of Coastal Management with the changes to your application.
Please reference the DWQ Project # of2009 1009 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 rneeting to discuss this rnatter.
Sincerely, /"
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/Joanne Steenhuis
r 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
MEMORANDUM
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Patricia L. Murphey
Marine Biologist Supervisor
DATE: September 17, 2009
RE: 1403 Oglesby Rd, Morehead City, Carteret County
The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the permit application. A site visit
adjacent to the above property was made on August 28th 2009 and a site visit was made to a neighboring parcel
on August 27th 2009. Water depths were noted for the four piers within this area on August 28th 2009. The
applicant proposes the addition of one slip with a boatlift to an existing pier and platform. This pier is located in
Calico Creek, a Primary Nursery Area (PNA). The pier terminates in 0" to 6" NLW water depth. The applicant
also added that to further control or limit impacts, he has secured an agreement with the subdivision to subject all
lots that boarder the PNA to additional restrictions concerning boat type, draft, length, and power. The DMF
appreciates this idea in trying to minimize impacts, however with depths this shallow, impacts will still be
significant. The DMF recommends denial of the project as proposed due to significant adverse impacts to
shallow bottom habitat from prop dredging within a PNA.