20070059 Ver 1_More Info Letter_20070308

QF wATF9 Michael F. Easley, Governor
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~ -~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 8, 2007
DWQ Project # 070059
Brunswick County
CERTIFIED MAIL: 7005 0390 0001 3200 4338
RETURN RECEIPT REQUESTED
Mr. John Lancaster, Member Manager
Riverside Land Holdings, LLC
1900 Eastwood Road, Suite 11
Wilmington, NC 28403
Subject Property: Hawkeswater at the River
REQUEST FOR MORE INFORMATION
Dear Mr. Lancaster:
On January 9, 2007, the Division of Water Quality (DWQ) received your application dated December 26,
2006, and received additional information on March 2, 2007 to impact 0.31 acres of wetlands and 146 feet
of streams to construct the proposed residential subdivision. 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. Stream Impacts
Impacts to streams as determined by the Division of Water Quality shall be measured as length of the
centerline of the normal flow channel. It does not appear that the stream impacts listed in the PCN
were measured in this manner. In addition, Design and placement of culverts including open bottom
or bottomless arch culverts and other structures including temporary erosion control measures shall not
be conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. DWQ is concerned that the proposed culvert designs for stream impacts C and D will result
in degradation of the streambeds and banks and the riparian wetlands downstream of the culverts.
Please provide evidence that equilibrium can be maintained or redesign the culverts in a manner that
allows for normal flow and bankfull events. The culverts also must be angled accordingly. Bridges in
these two locations may be necessary.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper NorthCarolina
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Riverside Land Holdings, LLC
Page 2 of 2
March 8, 2007
2. Mitigation
Please note that impacts to 150 linear feet of stream or more requires stream mitigation. It appears
that you are proposing to impact at least 1501inear feet of stream when measured as length of the
centerline of the normal flow channel. Please provide stream mitigation.
3. Deed Notifications
At a minimum, DWQ requires that deed notifications be recorded for all lots with jurisdictional
waters. A sample deed notification can be found on the DWQ 401 Water Quality Certification web
site. Please provide a notarized statement that includes the language that will be recorded to
accomplish this or a copy of the deed restrictions with the proposed preservation language.
4. Nationwide Permits Expiration Dates
Please verify that the PCN submitted for a Nationwide 14 will still be valid and/or accepted by the
US Army Corps of Engineers if the 401 Water Quality Certification is not issued prior to March 18,
2007. You maybe required to reapply.
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 Office in Raleigh. 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 910-797-7215 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
cc: Jeff Coward, Dial Cordy and Associates Inc.
Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh
Thomas Farrell, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Central Files
Filename: 070059.mar07