20061841 Ver 1_More Info Letter_20070304

OF WATFq Michael F. Easley, Governor
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p .~ Alan W. Klimek, P.E. Director
Division of Wa[er Quality
March 4, 2007
DWQ Project # 061841
Carteret County
CERTIFIED MAIL: 7005 0390 0001 3200 4376
RETURN RECEIPT REQUESTED
Mr. Tony McNeill, Owner
523 Old Church Road
Swansboro, NC 28584
Subject Property: McNeill Pond
REQUEST FOR MORE INFORMATION
Dear Mr. McNeill:
On January 5, 2007, the Division of Water Quality (DWQ) received your after-the-fact application dated
June 20, 2006 to fill 0.10 acres of wetlands and to impact approximately 2 acres of wetlands and 500 feet
of an unnamed tributary to Hadnot Creek to construct the proposed irrigation pond. 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 the following information so that eve may continue to review your project.
Additional Information Requested:
1. Practical Alternatives
The application for an Individua1404 Permit and an Individua1401 Water Quality Certification
submitted to DWQ on January 5, 2007 does not demonstrate that there is no other practical
alternative available to accomplish the basic project purpose nor was an alternatives analysis
provided. A lack of practical alternatives must be demonstrated before DWQ can issue a 401 Water
Quality Certification in accordance with NC Administrative Code 15A NCAC .0506(b)(1). A lack
of practical alternatives must be shown by demonstrating that, considering the potential for a
reduction in size, configuration or density of the proposed activity and all other practical alternative
designs the basic project purpose can not be accomplished in a manner which would avoid or result
in a less adverse impact to surface waters or wetlands. It appears that the proposed pond can be
relocated on the subject property in a manner that would avoid impacts to streams and riparian
wetlands. Please consider expanding an existing pond on the subject property and/or propose an
alternative location for the pond.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-&23-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recyc1ed110% Post Consumer Paper ~aturalll~

Mr. Tony McNeill
Page 2 of 2
March 4, 2007
Please respond within three weeks of the date of this letter by sending this information to me in writing
and 5 copies to Cyndi Karoly of the DWQ 401 Oversight and Express Unit at 1650 Mail Service Center,
Raleigh, NC 27600-1650. 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 also note that DWQ has visited the site and observed violations to a
jurisdictional stream and wetlands that occurred prior to securing a 401 Water Quality Certification. A
Notice of Violation has also been issued for the unauthorized activities. Please be aware that any
impacts requested within your application are not authorized (at this time) by the DWQ. Please call
me at 910-797-7215 or Cyndi Karoly at 919-733-1786 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
Sincerely,
Noelle Lutheran
Environmental Specialist III
CBK/nml
Enclosures: Notice of Violation
cc: Danny Smith, DWQ Compliance and Assistance Unit
Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh
Mickey Sugg, USACE Wilmington Regulatory Field Office
Keith Harris, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Central Files
Filename: 061841.mar06