20091008 Ver 1_More Info Letter_20091104

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2009
DWQ Project # 09-1008
New Hanover County
NNP IV Cape Fear River, LLC
Mr. Richard L. Croteau
228 North Front Street, Suite 101
Wilmington NC 28401
Subject Property: River Lights
REQUEST FOR MORE INFORMATION
To Mr. Croteau
On September 21, 2009, the Division of Water Quality (DWQ) received your CAMA application
to construct a residential docking facility, commercial dry stack marina, observation piers,
boatlifts, utilities, and associated infrastructure. 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 we may continue to review your
project.
Additional Information Requested:
1. The Division of Marine Fisheries (DMF) and the Wildlife Resources Commission
(WRC) have expressed concern about locating some of the proposed structures within
areas that don't appear to have sufficient water depths to avoid impacts to Primary
Nursery Areas (PNAs). According to the application, boats up to thirty feet in length
would be navigating in water depths of 2.5 feet or less which could cause significant
adverse impacts to the PNA. Because the proposed project could result in significant
impacts to the PNAs, the DWQ has determined that significant uses could be removed or
degraded by this project. Please modify the project proposal to address the concerns of
the DMF and the WRC.
2. Should the need for dredging within the proposed project area arise in the future, please
be aware that dredging within a PNA is not allowed under 15A NCAC 02B .0220 and is
considered a violation of water quality standards.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 NorthCarolina
Internet: www.ncwaterquality.org ?aturall?
An Equal Opportunity 1 Affirmative Action Employer
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River Lights
New Hanover County
2009-1008
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Ian McMillan of the 401 Oversight/Express Review Permitting Unit. His address is
Ian McMillan, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh,
NC 27604-2260. 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 be aware that any impacts requested within your
application are not authorized (at this time) by the DWQ. Please call me at 910-796-7215 or
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,
Chad Coburn
Senior Environmental Specialist
cc: Jenny Johnson - Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Rich Carpenter - DMF Wilmington
Molly Ellwood - WRC Wilmington
Steve Everhart - DCM Wilmington Office
Doug Huggett - DCM Morehead Office
WiRO