20081046 Ver 5_More Info Letter_20110513

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 13, 2011
CERTIFIED MAIL: 7010 0290 0003 0834 1062
RETURN RECEIPT REQUESTED
Oyster Landing, LLC
Attn: Jon T. Vincent
1508 Military Cutoff Road
Suite 302
Wilmington, NC 28403
SUBJECT: Oyster Landing
Project # 08 1046 V5
Onslow County
Dear Mr. Vincent:
Dee Freeman
Secretary
This Office has reviewed your pre-Construction Notification (PCN) dated April 14, 2011 and
received by the Wilmington Regional Office (WiRO) on May 4, 2011 for the fill of 0.753 acres
of wetlands on your property. The DWQ has determined that your application was incomplete as
discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands 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 all of the following information so
that we may continue to review your project.
1. The DWQ also has the same concerns raised by the US Army Corps of Engineers
(USACE) incomplete application letter dated April 26, 2011 and will require that the
same information be sent to DWQ.
2. The DWQ would require avoidance and minimization for the wetlands A-F if they are
determined to be isolated.
3. For wetland impact # 5, the wetland seems to continue beyond the road crossing and
there seems to be a very small portion left. Unless there is evidence otherwise, the
DWQ would consider that area to be impacted and needs to be included in the amount
of wetlands being impacted.
4. On Figure 5, the proposed impact #5 stops at the road ROW but impact #4 shows the
wetland being impacted beyond the ROW. Please explain this discrepancy and
correct it in the drawing and the table of impacts.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910j96-7215k FAX: [phone] Customer Service: 1-877 623 ,)m N OI`lll C ai-o l i Ii a
Internet: www.ncwaterquality.orq
An Equal Oorsortunity 1 Arfiru,rfive Action Einnlovar
Page Two
Oyster Landing, LLC
Attn: Jon T. Vincent
DWQ Project # 08 1046 V5
May 13, 2011
5. The DWQ also has major concerns about the reduction of the preservation that was a
condition of the previously issued 401. The DWQ concurs with the USACE about
the necessity of reducing the preservation type. In addition, to the justification of this
proposed reduction of the strict preservation, please provide justification for the
mowing of the entire area between lots 10 & 11, the entire area on lots 170, 171, 172
and 173. On lots 361 and 365, please explain how you propose to keep the small
sliver of wetland from being mowed and justify the necessity of mowing it. The
average lot is usually around 75' X 100 `, the following lots have been proposed to
have wetlands mowed beyond the 100' (Lots # 245, 246,118, 119, 120,130, 131, 133,
134, 442, 443, 445, 446, 448, 449, 178, 179, 144, 145, 429, 431, 432, 358, 359, 366,
367, 368, 372, 373, 374, 375, 376, 210, 213, 218, 219, 229, 166, 165, 164,163,
163,162, 161, 223, 16, 22, 23, 24, 35, 45, 46, 47, 49, 50, 52, 52, 53, 54, 55, 56, 57, 58,
59, 234, 312, 313, 289, 290, 291, 292, 293, 294, 296, 297, 271, 272,273,274, 275,
383, 384, 385, 305, 347, 348, 349 and 350), please provide the justification for this.
6. For wetland impact # 9, Figure 8 does not show the impact going all the way to the
ROW on the north side of the impact and the impact on the south side show impacts
over 50 feet from the rip rap pad, please explain.
7. No drawing was included for the proposed 10' easement for some of the property
owners to access the high ground at the back of their lots. Please submit a drawing
and/or a detailed explanation of what is being proposed for these areas and how you
propose to get the property owners to comply.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and two copies to Ian McMillan c/o NC DWQ Wetlands and Stormwater Branch 1650
Mail 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.
If you have any questions, please feel free to call me at 910 796.7306.
Sincerely,
oanne Steenhuis
Senior Environmental Specialist
cc: Dana Lutheran - SEGi
Ian McMillan -Wetlands & Stormwater Branch/Raleigh
David Bailey - USACE Wilmington
WiRO