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Home My WebLink About20090936 Ver 1_More Info Letter_20091001 Beverly Eaves Perdue Governor M'A 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 0936 Carteret County CERTIFIED MAIL: 7008 1140 0002 9563 3056 RETURN RECEIPT REQUESTED Alvin Raynor PO Box 1535 Morganton City, NC 28680 Subject Property: 1409 Oglesby Road, Morehead City REQUEST FOR MORE INFORMATION/HEADING TOWARDS DENIAL Dear Mr. Raynor: On August 28,2009, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your CAMA application dated August 26, 2009 for boat slip with a lift to an existing pier and platform. 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 may 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 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: 910-796-7215/ FAX: 910-350-2004 Internet: www,ncwaterqualitv.org N~~hCarolina lVafllrallll An Equal Opportunity/Affirmative Action Employer 50% Recycled/lO% Post Consumer Paper Customer Service 1-877-623-6748 Page Two Alvin Raynor DWQ # 09 0936 October 1, 2009 .J (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 recomrnends 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 me 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 0936 in all future correspondence. Ifwe 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 matter. . cere1y, ~ - ~~'-~ ---- ~ Joanne Steenhuis 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: August 28,2009 RE: 1409 Oglesby Rd, Morehead City, Carteret County The North Carolina Division of Marine Fisheries (NCDMF) has reviewed the permit application and conducted a site visit 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 DMF recommends denial of the project as proposed due to significant adverse impacts to shallow bottom habitat from prop dredging within a PNA. I