20070026 Ver 1_More Info Letter_20070405

QF wATFj9 Michael F. Easley, Governor
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~ William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
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p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
April 5, 2007
DWQ Project # 070026
Pender County
CERTIFIED MAIL: 7005 0390 0001 3200 5670
RETURN RECEIPT REQUESTED
Barnett Properties, LLC
c/o Mr. Hall Barnett
1775 Graham Avenue
Suite 201
Henderson, NC 27536
CERTIFIED MAIL: 7005 0390 0001 3200 5687
RETURN RECEIPT REQUESTED
WilcoHess, LLC
c/o Steve Williams
AT Williams Oil Company
5446 University Parkway
Winston-Salem, NC 27105
Subject Property: Surf City Market
REQUEST FOR MORE INFORMATION
Dear Mr. Barnett and Mr. Williams:
On January 8, 2007, the Division of Water Quality (DWQ) received your Individual Permit application
dated December 29, 2006, and received the Public Notice issued by the U.S. Army Corps of Engineers to
permanently impact approximately 7.04 acres of wetlands and jurisdictional waters to construct the
proposed commercial development. 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. Impact Justification (Practical Alternatives and Avoidance & Minimization)
In accordance with 15A NCAC 02H .0506(c)(1)(f), alack of practical alternatives may be shown by
demonstrating that, considering the potential for a reduction in size, configuration or density of the
proposed activity and all alternative designs the basic project purpose cannot be practically accomplished in
a manner which would avoid or result in less adverse impact to surface waters or wetlands. DWQ has
determined that you have not demonstrated that there is no practical alternative to filling 7.04
acres of wetlands for the purpose of constructing the proposed commercial development.
Furthermore, it appears that an economically feasible project could be built at the proposed
location with less wetland impacts.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NaO'rChCarOllna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~/ VQ lur~~~~

Surf city Market
Page 2 of 3
April 5, 2007
On-site alternatives discussed in the application (one with 10.0 acres of impacts and a residential
development and one with no impacts) do not convey all of the practical alternatives for the site. It
appears that reducing and reconfiguring the office/retail space depicted "Retail B" on the Figure 13
Site Plan will result in a reduction of wetland impacts. Please re-evaluate the proposed site plan for
the project and submit additional reasonable alternatives for consideration. Remember to account
for all permanent and temporary impacts associated with utilities.
2. 1\litigation
The application proposes mitigation with EEP and has not evaluated available sites in the local area
for mitigation purposes. The DWQ concurs with the USACE and would like to see proposals for
local mitigation sites. Please note that DWQ does require a minimum of 1:1 restoration or creation
as part of the mitigation plan. When the USACE and DWQ agree with the mitigation plan, all
wetlands restored and preserved must be placed in a conservation easement. A copy of the
proposed conservation language and associated maps must be submitted to this office before a 401
Water Quality Certification can be issued.
3. NPDES General Stormwater Permit No. NCGO10000 Monitoring Requirements
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General Stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows Stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (l) or more acres), full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http.~//h2o.en.r.state.nc.us/su/Forms Documents 1~tm.
Please provide a written narrative explaining how you intend to comply with this Permit and who
will be delegated to inspect the site and maintain required rain gauge and monitoring reports.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and 5 copies to Ian McMillan of the DWQ 401 Oversight and Express Office at 1650 Mai] Service
Center, Raleigh, NC 27699-1650. 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
CBK/nml

Surf city Market
Page 3 of 3
April 5, 2007
cc: Kim Williams, Land Management Group
Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh
Brad Shaver, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Becky Fox, U.S. EPA
Stephen Rynas, DCM Morehead City
Central Files
Filename: 061581(IP). j an07