20090757 Ver 1_Notice of Withdrawal_20100128

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2010
DWQ Project # 09-0757
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. 47009 2250 0000 9252 1015
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
RETURN OF APPLICATION
Dear Mr. Wichard:
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 a canal to connect Bay Lakes with Taylor Creek. A scoping meeting
was held in this Office on May 23, 2007 in regards to obtaining a 404 Nation Wide
Permit from the Army Corp of Engineers (ACE) and a 401 General Certification from
DWQ to connect Bay Lake with Taylor Creek. This Office commented that due to the
excess water depths in Bay Lake and long canal system, with 90 degree turns, that it was
not likely that the subject water body would flush or meet Water Quality Dissolved
Oxygen (DO) standards. It was also noted that a documented fish kill had occurred
within Bay Lake on January 24, 2002, (kill # WA02001) low DO and high salinity were
reported at end of canals. Your CAMA Major application was received in this Office on
July 7, 2009 for review. The application was placed on Hold for additional information
on August 24, 2009. The items of additional information were (1.) A three dimensional
flushing model and Dissolved Oxygen model. (2.) Notarized letter from property owners
agreeing to have buffers placed on their properties. (3.) Deed notification placed on all
unsold lots. (4.) Avoidance and minimization of wetland impacts from canal construction
to Taylor Creek. An e-mail was received by this Office on August 28, 2009 from
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl1 0% Post Consumer Paper ;Vaturallff
Ms. Laura Stasavich with Land Management Group. The e-mail stated that letters from
property owners would be forwarded to this Office and requested additional time to
collect data. Land Management Group requested a meeting with this Office on October
22, 2009 at which time Ms. Stasavich presented notarized letters from most of the
property owners and requested that this Office review sample data, collected from sample
sites approved by this Office, to show hydraulic connectivity between Bay Lake, Taylor
Creek, and Pamlico River. The data submitted to this Office was collected at sampling
points that were approved for data collection for a three dimensional flushing model.
Data submitted to this Office was thoroughly reviewed and it was determined that the
data sets did not adequately demonstrate the ability of the subject basin to flush. A
second request for additional information was sent on November 25, 2009. The letter
noted discrepancies in data sets submitted and data could not be substituted in place of a
three dimensional flushing model. A written response was requested within 30 days of
the date of the letter. As of the date of this letter 65 days have passed and this Office has
not received a response to the second request for additional information; therefore, we
are returning your application. If you want to carry out this proposed impact, you will
need to reapply and pay the 401 Certification fee again.
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 or would like
to set up a meeting to discuss this matter.
Sincerely,
Coleen H. Sullins
cc: ?4UlOversight/Express Permitting Unit
USACE Washington Regulatory Field Office
Land Management/WaRO
CAMA: Doug Hugget/Morehead
CAMA: Mike Thomas/WaRO
File Copy
Filename: 09-0757