20090757 Ver 1_More Info Letter_20091125

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A_I?
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 25, 2009
DWQ Project # 09-0757
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7009 0080 0000 5655 1620
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar-Pamlico River
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
On July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009, to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct the purposed canal to connect Bay Lakes with Taylor Creek. A
request for additional information was issued from this Office on August 7, 2009, for the
subject property with an amendment letter to the first request issued on August 24, 2009.
In response to that letter a meeting with this Office was requested and held on October
22, 2009 to present data requested. The sampling data submitted to this Office was
reviewed with the following discrepancies noted.
Data set for 8/27/2007 discrepancy noted in sample site WQ-4 water depths recorded.
2. Data set for 8/10/2008 data was omitted for sample sites WQ-1, WQ-2, and WQ-12.
3. Data set for 7/31/2009 data was omitted for sample sites WQ-1, WQ-2, WQ-3, WQ-
4, WQ-5, WQ-13, and WQ-14.
North Carolina Division of Water Quality Internet: www.ncwaterquality org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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4. Data set 8/17/2009 data was omitted for sites WQ-1, WQ-2, and WQ-12. Station
WQ-8 was omitted from sampling stations. It was also noted that sampling reported
within water column is not consistent among data sets.
5. Sampling and water height measurements should be correlated with USGS station
#0208450705 Pamlico River Channel Light #16.
Sampling points were approved for data collection to be use in a three dimensional
flushing model. Data submitted to this Office was thoroughly reviewed and it has been
determined that the data sets do not adequately demonstrate the ability of the subject
basin to flush. It is therefore necessary that this Office be provided with the requested
three dimensional flushing and dissolved models. This information is required in order to
process your application to impact protected wetland, streams and/or buffers 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 2B .0233(8) and place this project on hold as incomplete until we
receive this additional information.
Please respond in writing to the DWQ within 30 days of the date of this letter with the
requested information. If we do not hear from you within 30 days, 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 Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding this matter.
Sincerely,
Roberto L. Scheller
Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: L ra Stasavich, Land Mgt. Group Inc.
010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
CAMA: Doug Hugget /Morehead
CAMA: Mike Thomas/WaRO
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