20091280 Ver 1_More Info Letter_20100114

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
January 14, 2010
Dee Freeman
Secretary
Mr. Tom Hughes
1941 Middle Sound Loop Road
Wilmington NC 28411
Subject Property: 1941 Middle Sound Loop Road (Dredging)
REQUEST FOR MORE INFORMATION
Dear Mr. Hughes:
DWQ Project # 09-1280
New Hanover County
On December 2, 2009, the Division of Water Quality (DWQ) received your application for the
dredging of 4000 square feet of an existing boat basin. 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:
The Division of Marine Fisheries (DMF) has found scattered patches of submerged aquatic
vegetation (SAV's) in the nearby areas to your project site and has requested that a survey be
conducted in this area to determine the presence or absence of SAV's in the proposed dredge area.
The DMF also considers the proposed dredging to be new dredging rather than maintenance
dredging as described within the application. The DWQ recommends that a SAV survey be done
for the proposed project area in order to determine if impacts to SAV's will occur and if so, would
it be possible to avoid the impacts. Once the SAV's have been surveyed, reconfiguration of the
dredging, docking facility and avoiding SAV impacts can be realistically addressed. Therefore,
unless a SAV survey is done and modifications of the proposal are made, we will recommend
moving towards denial of the 401 Water Quality Certification as required in 15A NCAC 2H.0507.
Please respond within 30 days 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.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 T?TOtle L. 1
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 1 ? ofth C arofiria
Internet: www.ncwaterquality.org ??turR??lf
An Equal Opportunity 1 Affirmative Action Employer
2
1941 Middle Sound Loop Road
New Hanover County
2009-1280
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,
r `
Chad Coburn
Senior Environmental Specialist
cc: Mark Westendorff - 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
WiRO