20080326 Ver 1_More Info Letter_20090225

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 25, 2009
DWQ Project # 08-0326
Craven County
CERTIFIED MAIL:
#7007 3020 0001 8861 9169
Stillwater Investment Group, LLC.
Attn: Andy Bayliss
2851 Trent Road
New Bern, NC 28562
Subject Property: Stillwater Harbor
Brices Creek, Neuse Basin, 030410, 27-101-40-(7),
NSW, SC, Sw
REQUEST FOR MORE INFORMATION
Dear Mr. Bayliss:
On February 16, 2009, the Division of Water Quality (DWQ) received your response to a
"Request for More Information" letter you received from the DWQ on February 6, 2009.
The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. 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 15A NCAC 2B .0233 (8) and will place this
project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
L Regulatory Requirement
The DWQ received your response on February 16 indicating that your project will
require approximately 7320 square feet of riparian buffer impacts for a second
access to your piers for the purpose of safety and ease of access. The DWQ will
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] lro hCarolina
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entertain the request for impacts to the riparian buffer if you can provide
information indicating that the second access as defined in the DWQ February 6,
2009 letter, is a regulatory requirement by another state or federal agency. Please
provide documentation indicating that your design is a regulatory requirement or
provide project plan modifications removing the impacts to the riparian buffer.
Please respond in writing to the DWQ within four weeks of the date of this letter with the
requested information. If we do not hear from you within four 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you no longer want to pursue this project and we will consider the project as withdrawn.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 Kyle Barnes
of the Washington Regional Office at 252-948-3917 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,
-K7? 8 C?
Coleen H. Sullins
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Hugget/Morehead
Don Quinn, The Clark Group, PO Box 10136 Wilmington, NC 28404
Filename: 08-0326