20061275 Ver 2_More Info Letter_20100129

VIA
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
January 29, 2010
DWQ Project # 06-1275 Ver.2
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7009 2250 0000 9252 1008
Town of Nags Head
Mr. Cliff Ogburm, Town Manager
Post Office Box 99
Nags Head, NC 27959
Subject Property: Nags Head Emergency Beach Nourishment
Atlantic Ocean
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Thompson:
On November 23, 2009, the Division of Water Quality (DWQ) received your CAMA
Major application dated December 10, 2008 to impact, by dredge, 592 acres of open
water bottom and discharge the dredge along a 10 mile stretch of shoreline. Your
application proposes dredPg 24 hours a day, 7 days a week, during the months of April
1 st through September 30t . This proposed time frame will conflict with established US
Fish & Wildlife Service moratorium dates for Sea Turtles Nesting (May 1s'- November
15th), Piping Plover Nesting (April 1" - July 15th), and Manatee (in water work June -
October). Comments from Fish & Wildlife Service, NC Division of Marine Fisheries,
and National Marine Fisheries Service are not favorable towards the proposed project.
This Office concurs with commenting agencies and objects to the subject project as
proposed. 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 wetland and waters
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 2B .0233(8) and will place this project on hold as incomplete
North Carolina Division of Water Quality Internet: www.ncwaterqualiri.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Nahirally
until we receive this additional information. Please provide the following information so
that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
The project proposes dredging during the months of April 1St through September
30th during times of highest biological activity that will conflict with established
moratorium dates. It is necessary that the Town of Nags Head demonstrate
avoidance and minimization of impacts to waters and natural resources.
Please respond in writing to the DWQ within 30 days of the date of this letter with the
requested information. If we do not hear from you within 30 days, 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 Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the
DWQ Central Office at 919-733-1786 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
i erely,
1 1
Roberto L. Scheller
Environmental Specialist
Division of Water Quality
Surface Water Protection
WRO
cc: Jeremy Ganey, Coastal Science & Engineering
,AIJ-1 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
Doug Huggett, CAMA, Morehead City Office
Filename: 06-1275 V e r2