20090757 Ver 1_More Info Letter_20090807

KxWX
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 7, 2009
DWQ Project # 09-0757
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7007 3020 0001 8861 4522
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar-Pamlico River
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
On July 7, 2009, the Division of Water Quality (DWQ) received your CAMA Major
application dated May 7, 2009, to impact 1.3 acres of wetlands and 0.5 acres of open
waters to construct the purposed canal to connect Bay Lakes with Taylor Creek. 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 wetland, 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. Please also note that this project was discussed
in a scoping meeting held in the Washington Regional Office on May 24, 2007 and the
following required items were discussed.
Additional Information Requested:
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Naturally
1. A three dimensional flushing model and Dissolved Oxygen (DO) model is
required.
A notarized letter from every property, who's property joins Bay Lake, agreeing
to having the Tar-Pamlico buffers placed on their property and a buffer restoration
plan for properties sold after January 1, 2000.
3. A buffer restoration plan is required to restore Zone I of Tar-Pamlico Riparian
Buffer along the proposed canal, unsold lots, and along waterways within Bay
Lake where Zone I of the buffer had been removed.
4. Avoidance and minimization of wetland impacts must be demonstrated in the
purposed plan.
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 Roberto
Scheller of the Washington Regional Office at 252-948-3940 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
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: Laura Stasavich, Land Mgt. Group Inc.
401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Hugget/Morehead
Filename: : 09-0757