20090757 Ver 1_More Info Letter_20090824

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretarv
August 24, 2009
DWQ Project # 09-0757
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7007 3020 0001 8861 4539
Bay Lakes
Mr. Warren Whichard
511 Bay Lake Drive
Chocowinity, NC 27817
Beaufort County
Subject Property: Bay Lakes, Bay Lake Drive, Chocowinity
Taylor Creek, Chocowinity Bay, Tar-Pamlico River
AMENDMENT TO REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Whichard:
A request for additional information was issued from this Office on August 7, 2009, for
the subject property. This letter is an amendment to the first request for additional
information with changes in requested information to items #2 and 3 as noted below. 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.
Additional Information Requested:
North Carolina Division of Water Quality Internet: www.ncwateruualitv.orp
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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1. A three dimensional flushing model and Dissolved Oxygen (DO) model is
required.
2. A notarized letter from every property, whose property joins Bay Lake, agreeing
to have the Tar-Pamlico buffers placed on their property.
3. It will be necessary that deed notifications be placed on all unsold lots notifying
owners of the Tar-Pamlico Riparian Buffers on the property. This Office should
be supplied with a copy of language used in the deed notification.
4. Avoidance and minimization of wetland impacts must be demonstrated in the
purposed plan for the connective canal construction.
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,

Roberto L. Scheller
Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: Laura Stasavich, Land Mgt. Group Inc.
4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
CAMA: Doug Hugget /Morehead
CAMA: Mike Thomas/WaRO
File Copy
Filename: : 09-0757