20081461 Ver 2_More Info Letter_20100507

AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 7, 2010
New Hanover County
DWQ Project #: 08-1461v2
Murphy Investment/Coffer Investment Prop II, LLC
Mr. Matt Murphy
1202 North Lake Park Boulevard
Carolina Beach NC 28428
Subject Property: The Villas At Coral Ridge
REQUEST FOR MORE INFORMATION
Dear Mr. Murphy:
On April 16, 2010, the Division of Water Quality (DWQ) received your application to
impact 0.28 acres of isolated wetlands for the purpose of building a clubhouse and a pool. 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 02H .0506 and 15A NCAC 02H .1305 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. Section A, I b of the PCN indicates that you wish to apply for a Nationwide 29 permit for the
proposed project. A Nationwide 29 permit does not apply to these wetlands since they are
isolated. Revise the PCN to indicate application for the State General Permit for Impacts to
Isolated and Other Non-404 Wetlands and Waters, Permit Number IWGP100000.
2. Please revise Section A, 1 d of the PCN to indicate application for the appropriate permit.
3. Written concurrence is required for this project under the IWGP100000. Please revise Section A,
1 e of the PCN.
4. Please revise Section B, 3a, 3d, and 3e to reflect the proper description of the project since the
other parts of the subdivision have already been developed.
5. Section B, 4a of the PCN states that the U.S. Army Corps of Engineers (USACE) has made a
final jurisdictional determination (JD). However, according to Kimberly Garvey with the
USACE, there is no final JD for this site because of issues with the required preservation and the
404 permit. Please explain this discrepancy and provide a copy of the JD when it is finalized.
6. Please revise Section D, la and lb of the PCN. The narrative given under Avoidance and
Minimization seems to be copied from the initial (version 1) PCN and lists the "necessity to
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 011e
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Coral Ridge
New Hanover County
2008-1461
provide adequate egress and regress for the proposed development." The development as
constructed already has an access entrance.
7. As proposed, the additional amount of wetland impact for the clubhouse and pool does not meet
the DWQ review criteria for avoidance and minimization and for purpose and need. The original
project application stated, "No future permit requests are anticipated, this application reflects all
necessary impacts for the successful completion of this project." This original project approval
authorized impacts to 0.166 acres of 404 wetlands and 80 linear feet of RPW tributary in order to
provide access for a subdivision with 88 residential units and a pool. Please explain the purpose
and more importantly, the need of the proposed impacts to the remaining isolated wetlands.
Additionally, please provide other alternatives that will have less or no wetland impacts than what
has been proposed in your application. Specifically, there are several areas of the project with
open space that could be used to locate the proposed clubhouse and pool.
8. The PCN appears to be missing pages 7-8. Please include these pages including Section E for
Stormwater Management.
9. The delineation line for the isolated wetland in this proposal appears to be different than the line
submitted with the previous authorization. However, the area (0.28 acre) appears to be the same.
Explain the discrepancy.
10. The 404 permit authorized only 0.15 acres of impacts to 404 wetlands. Explain this discrepancy
with the 401 certification and the new proposal.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Ian McMillan c/o 401 Wetlands 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 919-715-
4631 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: Gary Mitchell & Brent Ashley - The Clark Group, 5000 Blue Clay Road, Castle Hayne, NC
28429
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Emily Hughes - USACE Wilmington Regulatory Field Office
W iRO