20110649 Ver 1_More Info Letter_20110818

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
August 18, 2011
Dee Freeman
Secretary
DWQ Project # 11-0649
New Hanover County
Mr. Kevin J. East
Ms. Kathy O. East
808 Elden Street
Herndon VA 20170
Subject Property:
7415 Poseidon Point - Wilmington, NC
REQUEST FOR MORE INFORMATION
Dear Mr. & Ms. East:
On July 9, 2011, the Division of Water Quality (DWQ) received your CAMA application to
install a boatlift to create a formalized slip at an existing private docking facility. The DWQ has
determined that your application was incomplete and/or provided inaccurate information. The
DWQ will require additional information to process your application and unless we receive the
additional information requested, we will have to move toward denial of your application per
15A NCAC 2H.0506. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. The proposed project is located within an area that has been designated by the Division of
Marine Fisheries (DMF) as a Primary Nursery Area (PNA). In their comments for this
proposal, the DMF has expressed concerns that the project will have significant adverse
impacts to the PNA due to locating a slip within an area that has very shallow water depths.
The DWQ shares the concerns of the DMF and feels that the potential impacts to the PNA
would cause violations of the following water quality standard:
15A NCAC 02B .0221(2) Tidal Salt Water Quality Standards for Class SA Waters -
"Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological
standards as adopted by the Commission for Health Services and shall be suitable for
shellfish culture. Any source of water pollution which precludes any of these uses, including
their functioning as PNAs, on either a short-term or long-term basis shall be considered to be
violating a water quality standard."
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqualiV.org
An Equal Ooportunily 1 Affirmative Action Emolover
NorthCarolina
Natmallry
2
7415 Poseidon Point
New Hanover County
2011-0649
Therefore unless modifications of the proposal are made to alleviate the concerns of the DMF
and the DWQ, we will recommend moving towards 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 respond within thirty 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 Blvd., Raleigh,
NC 27604-2260.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that the project work requested within your
application is not authorized at this time by the DWQ. Please call me at 910-796-7215 or Ian
McMillan at 919-807-6300 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: Jimmy North - Coastal Marine Construction, 6314 Wrightsville Avenue, Wilmington,
NC 28403
Ian McMillan - Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
Dave Timpy - USACE Wilmington Regulatory Field Office
Jessi Baker - DMF Wilmington
Doug Huggett - DCM Morehead Office
WiRO