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Home My WebLink About20190928 Ver 2_More Info Requested_20191227ROY COOPER Governor MICHAELS.REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality December 27. 2019 DWR # 20190928 Fender County Terraces Development, LLC Attn: Mr. Charles Poindexter 7923 Reunion Road Subject: REQUEST FOR ADDITIONAL INFORMATION The Terraces Subdivision Dear Mr. Poindexter: On October 30, 2019, the Division of Water Resources — Water Quality Programs (Division) received your application dated October 21, 2019 requesting an Individual Water Quality Certification from the Division for your project. The fee for the project was received on November 6, 2019. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. [15A NCAC 02H .0502(c)] 2. In Section VII, page 8, Alternative Analysis, under Table #4 of the submitted supporting materials it states: "Alternative Site #2: This site meets all of the Applicant's criteria, but it appears to be within 0.5 miles of saltwater (SA) waters, which reduces the allowable built upon area to 12%. Therefore, the site was rejected." The Division does not believe this is an accurate statement, and needs additional information documenting this determination to concur, which was previously established for the preferred site. Based on initial review of the site, the Division believes the majority of the site is greater than 0.5 miles from SA Waters. [15A NCAC 02H .0506(f) and (g)] Title 15A NCAC 02H .0506 requires that a proposed activity has no practical alternative by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less North Carolina Department of Environmental Quality I Dlvislon of Water Resources D E �� 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carofina 27699-1617 ��✓ 919.707.9000 The Terraces Subdivision DWR# 2019028 Request for Additional Information Page 2 of 3 adverse impact to wetlands. The U.S. Army Corps of Engineers (USACE) has not concurred that the preferred alternative is the least environmentally damaging practical alternative (LEDPA). The Division cannot review the preferred alternative until the USACE determines that this alternative is the LEDPA. Upon the USACE's determination, please provide correspondence from the USACE indicating which alternative is selected as the LEDPA. 4. Section VIII, page 10. Avoidance and Minimization. The application states that "deed notifications will be recorded at the New Hanover County Register of Deeds." Please correct to state the deed notifications will be recorded at Pender County Register of Deeds. 5. Section VIII, page 10. Avoidance and Minimization. Please provide draft deed language being used to restrict lots. Approximately 30% of the platted lots retain wetlands. The Division has concerns that lots with retained wetlands won't be developable without additional impacts to wetlands. If any additional wetland impacts occur for lot development, the Division would consider them cumulatively with possible mitigation required. [15A NCAC 02H .0506 (b)(4)] 6. Please provide a plan sheet that indicates the location of proposed stormwater measures for this project including drainage areas, inlets, and discharge points. [15A NCAC 02H .0506(b)(5) and (c)(5)] Please provide documentation that utilities (water, sewer, power, etc.) will be installed without additional wetland impacts. [15A NCAC 02H .0506 (b)(4)] 8. Appendix E, page 16 (1 of 2) NCDWR Water Classification Determination. The provided request form is incomplete, which does not provide concurrence on the applicable surface water classification to this project from the Division. Please provide. 9. Appendix I, page 20. Alternative Site Plans & Minimization and Avoidance Exhibit were not provided to the Division. The application states these pages will be sent separately if necessary, and call if so. Please provide these exhibits. Pursuant to Title 15A NCAC 02H .0502(c), the above requested information is necessary for the proper consideration of the application. No action is necessary by you at this time. This letter is to serve as notification to you that your application cannot be processed until this Public Notice has been issued. The Terraces Subdivision DWR# 2019028 Request for Additional Information Page 3 of 3 Please be aware that you have no authorization under the Water Quality Certification Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Robb Mairs at 910-796-7215 or Robb.Mairs(oincdenr.eov if you have any questions or concerns. Sincerely, X" Mac Haupt, Acting Supervisor 401 & Buffer Permitting Branch cc: Dana Lutheran, Southern Environmental Group, Inc. Emily Greer, USACE Raleigh Regulatory Field Office (via email) Daniel Govoni, DCM DWR WiRO DWR 401 & Buffer Permitting Unit Filename: 2019092BTheTerraces5ubdivision(Pender) 401 IC Addlnfo