20081042 Ver 1_More Info Letter_20081118

QF w ATF9 Michael F. Easley, Governor
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William G. Ross Jr., Secretary
j North Carolina Department of Environment and Natural Resources
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p °-. - ? Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 08-1042
Pender County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Joseph Boan
Commercial Property Analysts
1437 Military Cutoff Road, Suite 201
Wilmington, NC 28403
Subject Property: Surf City Commons
Virginia Creek [030624,18-87-9, SA, HQW]
REQUEST FOR MORE INFORMATION
Dear Mr. Boan
On July 1, 2008, the Division of Water Quality (DWQ) received your application dated June 27,
2008, with Public Notice issued by the USACE on August 13, 2008, and received by the DWQ
on August 13, 2008, and all additional information received from you on November 10, 2008, to
fill or otherwise impact 8.65 acres of 404/wetland to construct the proposed commercial
development at the site. 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. 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, we will place this
project on hold as incomplete until we receive this additional information. If we do not receive
the requested information, your project will be formally returned as incomplete. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
The DWQ cannot accept out of basin mitigation credits for the proposed wetland impacts.
Additionally, please note that adjacent cataloging unit mitigation credits, while
acceptable, do require the mitigation to be at a 1.5:1 ratio rather than a 1:1 ratio. Please
revise your plan so that you may meet your mitigation requirement.
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httLj_:_ h2o.cnr,state.nc..us,nc?wetlands
Nose Carolina
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Commercial Property Analysts
Page 2 of 2 ,
November 18, 2008
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 Ms. Cyndi Karoly or Mr. 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,
4' N• ? ` "^
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
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Attachments: Mitigation Memo dated June 21, 2005
cc: Joanne Steenhuis, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Kim Williams; LMG, P.O. Box 2522, Wilmington, NC 28402
Filename: 081042Su rfCityCommons(Pender)On_Hold
?F W ATF9 Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources

O' Alan W. Klimek, P.E. Director
Division of Water Quality
MEMO
TO: Interested Parties on 401 Certification Mailing List
FROM: John Dorney
RE: Recent change in mitigation guidance
DATED: June 21, 2005
On May 20, 2005 the Program Assessment and Consistency Group (PACG) approved
new guidance on the use of compensatory mitigation in adjacent cataloging units (see attached
copy or the electronic version posted on DWQ's wetland website -
h2o.enr.state.nc.us/ncwetlands) . Development of this guidance has been coordinated with
other state and federal agencies involved in wetland permitting in North Carolina. This guidance
is intended to implement DWQ's 401 Certification and Isolated Wetland rules that pertain to
compensatory mitigation. These rules (15A NCAC 2H .0506 (g)(8) and 15A NCAC 2H .1305
(g)(8), respectively) require mitigation for impacts to wetlands to be within the same river basin
and physiographic province when practical. The intent of this guidance is to provide an
explanation for the phrase "when practical" so the regulated public and mitigation providers can
understand and comply with this portion of the rules. To assist in the use of this guidance, the
PACG approved the use of a modified Ecoregion map (attached to this guidance). An electronic
version of this map is available upon request to Rick Savage of DWQ's staff
(rick.savaae(&,ncmail. net) or by phone at 919-733-1786. DWQ plans to begin to use this
guidance immediately when appropriate. Any questions regarding the guidance and DWQ's
use of it can be directed to John Dorney (iohn.dorneyg5-ncmail.net) at 919-733-9646.
In addition, DWQ has received an application for an Individual Isolated Wetland Permit
for excavation of 1.59 acres of isolated wetlands for the Gold Hill Quarry Expansion in Cabarrus
and Rowan Counties. A Public Notice was published for this project in the local paper. A copy
of the Public Notice is included in this mailout. Questions can be addressed to Cyndi Karoly at
919-733-1786 and comments received by July 19, 2005.
Cc: DWQ Regional Wetland contacts
John Hennessy
Cyndi Karoly
Tom Reeder
Coleen Sullins
Suzanne Klimek, EEP
Scott McLendon, Asheville Field Office US Army Corps of Engineers
File copy
4010versight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hgp://h2o.enr.state.nc.us/ncwetlands
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GUIDANCE ON THE USE OF
COMPENSATORY MITIGATION IN ADJACENT CATALOGING UNITS
CONCURRENCE FORM
DEVELOPED BY THE PROGRAM ASSESSMENT AND CONSISTENCY GROUP (PACG)
Agencies that are members of the PACG agree that with a large amount of mitigation to
be implemented in a short amount of time coupled with unsuccessful historic site
searches in certain parts of the state, the need for consideration to include adjacent 8-digit
cataloging units for mitigation is apparent. Consideration for such action will occur in an
"emergency" situation. An "emergency" situation is defined as one in which compliance
with the tri-party MOA is in jeopardy, and the following conditions exist*. A written
justification will be submitted to the PACG for approval. The PACG will consult with
the PACG-TC regarding adjacent CU proposals.
• Historic site searches have not been successful (includes EEP and DOT searches)
• Response in the Full-Delivery program is repeatedly unsuccessful
A Local Watershed plan (if any) in cataloging unit of interest is not to the project
ID stage, or will not produce needed amount of mitigation
Credits from private mitigation banks are not available for purchase.
Ratio Adjustment (Ratios below do not reflect ratios imposed on permittee)
For the purposes of this guidance ecoregions are defined by the map shown in Figure 1
that was developed based on "Griffith, et. al. 2002. Ecoregions of North and South
Carolina. Reston, VA. United States Geological Survey".
WPtlands* * *
Situation Restoration Enhancement Creation Preservation
In same CU 1:1 2:1 3:1 5:1
Adjacent CU**;
same ecoregion 1.5:1 3:1 4:1 7:1
Adjacent CU;
different 2:1 4:1 5:1 10:1
ecoregion; same
physiographic
region (Level
III ecoregion)
Streams***
Situation Restoration Enhancement I Enhancement II Preservation
In same CU 1:1 1.5:1 2.5:1 5:1
Adjacent CU;
same ecoregion 1.5:1 2:1 3:1 6:1
Adjacent CU;
different 2:1 3:1 5:1 10:1
ecoregion; same
Physiographic
region (Level III
ecoregion)
* All other requirements of the applicable MOU or MOA remain in effect
** Any Adjacent CU used must be in same River Basin
* * * Compensatory mitigation in adjacent cataloging units does not apply to
Coastal Wetlands as defined in CAMA.
Figure 1: Mitigation Ecoregions for Use in the Application of the Adjacent CU
Guidance
Mitigation Ecoregions
0 Cataloging Units Northern Outer Piedmont Broad Basins
River Basins Sand Hills New River Plateau
Mitigation Ecoregions - Triassic Basins mountains
10 Barrier Islands Caroline Slate Belt
_ Outer Coastal Plain - Southern Outer Piedmont
inner coastal Plain
Inner Piedmont SOW an omnr.". y. soar. E.1"'.. a

Foothills Nvh G.YkuM Smth C,-.
M-.VA.. U.S.ewbpkY SU.wy
wE
s
100
Miles
The PACG concurred on the above guidance for use by the EEP on May 20, 2005
USACE NCDWQ
USEPA NCWRC
USFWS NOAA
NCDCM NCDMF
2
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or on the front if space permits.
Article Addressed to:
Commercial Property Analysts
Attn: Joseph Boan
1437 military Cutoff Road Ste. 201
Wilmington, NC 28403
DWQ# 08-1042-Pender
2. Article Number 7008
(transfer from service-m my ------ -- --
PS Fnrm 38111 Fohmnrv gnnd
A. Signature
X "?V- _
0 Agent
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3. S rvice Type
Certified Mall ? Express Mall
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UNITED STATES PQSTAL SERVICE "'
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• Sender: Please print your name, address, and ZIP+4 irvttiis box •
NC DENR Division of Watcr Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suitc 250
Raleigh, NC 27604