19961054 Ver 2_More Info Letter_20100804

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
August 4, 2010
Dee Freeman
Secretary
DWQ Project # 96-10542
New Hanover County
Bennett Brothers Yachts, Inc.
Ms. Tricia Bennett
1701 J.E.L. Wade Drive
Wilmington NC 28401
Subject Property: Bennett Brothers Yachts Maintenance Dredging
REQUEST FOR MORE INFORMATION
To Ms. Bennett
The Division of Water Quality (DWQ) has determined that your present application is
incomplete as discussed below. The DWQ will require additional information in order to
process your application to hydraulically dredge within the existing footprint of your marina.
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:
Please provide detailed information regarding your mitigation proposal for the requested
impacts to two (2) acres of Primary Nursery Areas. This should include a detailed
description of what kind of mitigation you propose, maps of the proposed mitigation site
location quantifying a mitigation area and ratio, a statement providing the DWQ access to
and a legal right to use the mitigation property, a detailed explanation of what procedures
you will use to achieve successful mitigation (including monitoring), and a detailed
schedule with a final date of completion.
2. The U.S. Army Corps of Engineers has advised us that their decision is pending in
regards to the type of 404 Permit for which your proposed activity qualifies. This
information is needed in order for us to determine which type of 401 Certification to
apply to your project. We understand that the Corps' decision will require input from
resource agencies including the National Marine Fisheries Service and NC Division of
Marine Fisheries. Until we have this direction from the Corps, we will not be able to
proceed with our review.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ?TOne
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 1 V ortll?a
?.../arc) na
Internet: www.ncwaterquality.org ,??r????????_ ,
An Equal Opportunity 1 Affrnriative Action Employer Y L it
2
Bennett Brothers Yachts
New Hanover County
1996-1054v2
Please respond within 30 days of the date of this letter by sending this information to me in
writing and to Ian McMillan of the 401 Oversight/Express Review Permitting Unit. His address
is:
Ian McMillan
401 Oversight/Express Review Permitting Unit
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
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 me at 910-797-7215 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,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: Bruce Marek - 5489 Eastwind Road, Wilmington, NC 28403
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Anne Deaton - DMF Wilmington
Jessi O'Neal - DMF Wilmington
Molly Ellwood - WRC Wilmington
Steve Everhart - DCM Wilmington Office
Doug Huggett - DCM Morehead Office
WiRO