20081042 Ver 1_More Info Letter_20080917

O?Q? W A r?RQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
t- North Carolina Department of Environment and Natural Resources
Mi Coleen H. Sullins, Director
Division of Water Quality
September 17, 2008
DWQ Project # 08 1042
Pender County
CERTIFIED MAIL: 7007 0220 0000 8224 7892
RETURN RECEIPT REQUESTED
Commercial Property Analysts
Attn: Joseph Boan
1437 Military Cutoff Road
Suite 201
Wilmington, NC 28403
Subject Property: Surf City Commons
REQUEST FOR MORE INFORMATION
Dear Mr. Boan:
On July 3, 2008, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received
your 401 Individual Permit (IP) application dated June 27, 2008 for 8.65 acres of wetlands to be filled for
your proposed commercial development. 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 the additional information requested below, we will have
to move toward 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. Please provide all of the following
information so that we may continue to review your project.
Additional Information Requested:
1. Information needs to be provided that shows all considerations to avoid and minimize
wetland impacts for this project was considered and that there are no practical
alternatives. Please note, in our meeting on July 24, 2008 we discussed that buildings
located entirely on wetland fill are not usually considered as avoidance. No minimization
of wetland impacts has been achieved on your proposed design. Please consider
incorporating bridges with the large road crossing, reducing the road crossing foot print at
crossing #1 by having it go directly towards the larger store (sheet W5) and accessing the
other stores (Sheet W4) via road crossing 42, hence the parking spaces (Sheet W4) could
then be relocated to areas that are now shown as roads. Include the location of utilities to
show that additional wetland impacts will not be required.
2. In the July 24, 2008 meeting, we discussed the number of parking spaces that will be
required by Surf City. You had stated that Surf City had not yet approved the proposed
commercial facility. Have you presented your proposal to the Planning Board for Surf
City for their approval so that the number of parking places required could be correctly
calculated and used in the avoidance and minimization requirement for this project?
Mailing Address Phone [phone] Location NorthCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. NQAra"ki
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newateruualitv.org Customer Service 1-877-623-6748
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Page Two
Commercial Property Analysts
Attn: Joseph Boan
DWQ # 08 1042
September 17, 2008
3. Please provide the date of incorporation/organization of "Commercial Property Analysts"
and Mr. Joseph Boan's connection to the business. The business is not recognized by the
Secretary of State's website when I searched the database. Please provide the correct
name of the business, in some places in the application it is referred as incorporated and
other places it referred to as a limited liability corporation.
4. Please provide additional information as to the alternative off sites looked at (including
the ones we discussed in the meeting) and detail the criteria reviewed and why they were
deemed unsuitable for this project include such things as costs and additional
environmental factors.
Include a draft copy of your "preservation document" for the remaining on-site wetlands.
Please be aware that the State requirement for mitigation is 1:1 for this project.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and two copies to Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh,
NC 27604-2260. Please reference the DWQ Project # of 20081042 in all future correspondence.
If we do not hear from you within three 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 me at 910.796.7215 or
Ian McMillan at 919.715.4631 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
cc: Kim Williams - Land Management
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Ronnie Smith - USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead Office
Central Files
W iRO