20080326 Ver 1_More Info Letter_20090206

F w A t C? Michael F. Easley, Governor
?O mss, ?''" `4Jr.
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p "A Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
February 6, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
#7008 1300 0001 0434 8478
Stillwater Investment Group, LLC.
Attn: Andy Bayliss
2851 Trent Road
New Bern, NC 28562
DWQ Project # 08-0326
Craven County
Subject Property: Stillwater Harbor
Brices Creek, 030410, 27-101-40-(7), NSW, SC, Sw
REQUEST FOR MORE INFORMATION
Dear Mr. Bayliss:
On February 19, 2008 the Division of Water Quality (DWQ) received your application dated
December 3, 2007, to impact waters by installation of roughly 7,000 linear feet of bulkhead and
an unspecified amount of protected riparian buffers to construct the proposed 64 lot residential
subdivision and a 100 slip marina. In September of 2008 you modified you request to install
3;378 linear feet of bulkhead and impact 12,406 square feet of Neuse Riparian Buffer. The DWQ
hlak determined that your application was incomplete and/or provided inaccurate information as
disciWtlsed below. The DWQ will require additional information in order to process your
application to impact protected-MZT1and,'streams and/or buffers 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 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:
1. Neuse Riparian Buffer Impacts
The DWQ has reviewed the modification to the proposed project that you have requested
through the Division of Coastal Management. The DWQ still has concerns that the impacts
to the Neuse Riparian Buffer have not been avoided or minimized to the maximum extent
practicable. Our concerns are listed below:
A-Dock: Please indicate the purpose and need for approximately 4800 square feet of
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
Stillwater Harbor
Page 2 of 2
2/6/2009
impacts to Zone 1 when the dock can be accessed at the land connection at slip A24.
B-Dock: The DWQ recognizes that there is an existing maintained path on the peninsula of
land adjacent to and south of B-Dock. The concern lies with the three accesses through the
riparian buffer. Please indicate the purpose and need for the eastern most access when slips
B41 through B31 can be accessed by the main walkway at slips B41 and B42.
C-Dock: Please indicate the purpose and need for approximately 2520 square feet of
impacts to Zone 1 when the dock can be accessed at the land connection at slip C 16.
Please respond in writing to the DWQ within four weeks of the date of this letter to 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,

Coleen H. Sullins
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
Central Files
CAMA: Doug Hugget/Morehead
Filename: 08-0326