20072046 Ver 1_More Info Letter_20080725

0? WAT?/QpG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r' North Carolina Department of Environment and Natural Resources
C Colleen Sullins, Director
Division of Water Quality
July 25, 2008
DWQ Project # 07-2046
Brunswick County
CERTIFIED MAIL: 7007-0220-0000-8225-1929
RETURN RECEIPT REQUESTED
Funston Land and Timber, LLC
Attn: Mr. Fleming Gibson
1007 Evangeline Drive
Leland, NC 28451
Subject Property: Brunswick Forest Subdivision Phases 3 & 5
Brunswick County
REQUEST FOR MORE INFORMATION
Dear Mr. Gibson:
On December 11, 2007, the Division of Water Quality (DWQ) received your Pre-Construction
Notification application with additional information received on April 15, 2008 and June 10, 2008, to fill
or otherwise impact 0.228 acres of 404 Wetlands and 262 linear feet of stream to construct the proposed
residential subdivision. 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 streams on the subject property. Therefore
unless we receive five copies of the additional information requested below at the DWQ central office, we
will have to recommend moving towards 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.
Additional Information Requested:
Since there are impacts to greater than 150 feet of perennial stream for this project, mitigation is
required for DWQ. The application states that the mitigation requirements will be met by paying
into the NCEEP for 262 linear feet of stream. According to the PCN, approximately 777 linear feet
of stream within the tract will be preserved using restrictive covenants. In the attached document
titled, "Mitigation Property Conservation Area", the words "in perpetuity" have been striked out of
the document. This is a concern of the DWQ since this is part of the mitigation plan for the project.
Explain the reason for requesting the removal or change the document to include the words "in
perpetuity".
2. As mentioned in the previous "Request for additional information letter from the DWQ on May 29,
2008, several areas of possible non-compliance with the NCGO 10000 permit were noted during the
site visit that day pertaining to turbidity. Please provide a written narrative explaining how you
intend to comply with this Permit and who will be delegated to inspect the site and maintain
required rain gauge and monitoring reports. Explain what measures are being taken to keep
the site in compliance with the North Carolina Turbidity Stream Standard.
3. Please provide a copy of the USACE approved Jurisdictional Determination for this project when
available.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state, nc.us One
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina
Natura//u
Brunswick Forest Phases 3 & 5
2007-2046
Brunswick County
4. Please address the concerns of the NC Wildlife Resources Commission and the DWQ concerning
golf ponds already installed adjacent to jurisdictional wetlands on the site. Ponds installed on this
project (amenity ponds, golf ponds, storage ponds, etc...) cannot violate 15A NCAC 02B
.0231(b) which requires that:
(5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse
impacts on: (A) Water currents, sedimentation or erosion problems & (F) The
water levels or elevation.
Respond within 30 calendar days of the date of this letter. If we do not receive the above requested
information within 30 calendar days of the date of this letter, 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 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
eld gtu-'
Chad Coburn
Senior Environmental Specialist
cc: Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Kim Williams - Land Management Group, Inc., P.O.Box 2522, Wilmington, NC, 28402
Molly Ellwood - NC Wildlife Resources Wilmington
Central Files
WiRO