20081370 Ver 1_Certified Return Receipt_20080926 (2)

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins Director
Division of Water Quality
October 17, 2008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
7008 1300 0001 0434 8386
Mr Clay Willis
Environmental Officer
NC DOT, Division One
113 Airport Drive Suite 100
Edenton, NC 27932
Subject Request for additional information
Proposed improvements to the barge loading and docking facility on the Little Alligator River in Tyrrell County
DWQ project number 20081370
Dear Mr Willis
The Division of Water Quality has reviewed your response, dated received October 6, 2008, to our hold letter requesting
additional information for the aforementioned project After review of you response, the Division feels that impacts to
coastal wetlands and PNA waters could be further avoided and minimized by relocating the proposed loading dock to the east
side of the gravel lot where the current dock is located The 130' access pier and barge moormg slips could stay in the
proposed location and barges could be moved the short distance to the loading dock when loading is necessary Water depth
on the east side is adequate without dredging and impacts to coastal marsh would be minimal The total impacts to
jurisdictional resources would therefore be greatly reduced The Division realizes that this would affect access to the current
boat launching site, but feels this is justified given the concerns from the resource agencies that the current proposal "will
result in significant adverse impacts to fisheries, resources and the associated habitat "
Please explain why this would or would not be a feasible alternative Also, feel free to include in your response any other
alternatives that would minimize impacts to jurisdictional resources
Therefore, pursuant to 15A NCAC 2H 0507(a)(5), we will have to place the permit application on hold until we are supplied
the necessary information You have 21 business days to respond in writing with the requested information or notification to
this office that the information is forthcoming If, at the end of the 21 days, this office has not received this information in
writing, we will assume you are withdrawing your application and it will be returned Furthermore, until the information is
received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold
If you have any questions or require additional information, please contact Garcy Ward at [phone]
Sincerely,
11J,4 ,%C-, ,, )
Garcy Ward
cc Mr Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr Doug Huggett, Division of Coastal Management, Morehead City
Mr Jim Hoadley, Division of Coastal Management, Elizabeth City
Cathy Brittingham, Division of Coastal Management, Raleigh
?Sonia Gregory, DWQ, 401/Wetlands Unit
File Copy
Noe Carohna
N C Division of Water Quality 943 Washington Square Mall Washington, N C 27889 Telephone [phone] NturQli!t,
FAX [phone] Internet www ncwaterquality org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins Director
Division of Water Quaht)
September 26, 2008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
7008 1300 0001 0434 8430
Mr Clay Willis
Environmental Officer
NC DOT, Division One
113 Airport Drive Suite 100
Edenton, NC 27932
Subject Proposed unprovements to the barge loading and docking facility on the Little Alligator River in Tyrrell County
DWQ project number 20081370
Dear Mr Willis
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the aforementioned
project Review of your application revealed it lacking necessary information required for making an informed permit
decision The permit application was deficient in the following areas
• Avoidance and minimization of jurisdictional areas. Please explain what efforts were made to avoid or minimize
impacts to the coastal marsh and open water Also, please address the following
(1) why the proposed fill of junsdictional areas can not be avoided by extending the loading dock further landward, or
(2) why the proposed amount of filled area can not be reduced by reconfiguring the bulkhead and confining the filled
area immediately behind the loading dock
Therefore, pursuant to 15A NCAC 2H 0507(a)(5), we will have to place the permit application on hold until we are supplied
the necessary information You have 21 business days to respond in writing with the requested information or notification to
this office that the information is forthcoming If, at the end of the 21 days, this office has not received this information in
writing, we will assume you are withdrawing your application and it will be returned Furthermore, until the information is
received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold
If you have any questions or require additional information, please contact Garcy Ward at [phone]
Sincerely,
Garcy Ward
cc Mr Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr Jim Hoadley, Division of Coastal Management, Elizabeth City
Cathy Brittmgham, Division of Coastal Management, Raleigh
Sonia Gregory, DWQ, 401/Wetlands Unit
File Copy
Nye Caro1?na
N C Division of Water Quality 943 Washington Square Mall Washington, N C 27889 Telephone [phone]?IlCllll[/
FAX [phone] Internet www ncwaterquality org
An Equal Opportunely/Affirmative Action Employer- 50% Recycled/10°/6 Post Consumer Paper