20070578 Ver 1_More Info Letter_20070502

~O~ W ATF9Q Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
~ tom-- North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2007
DWQ Project # 07 0578
~ New Hanover County
CERTIFIED MAIL: 7005 0390 0001 3200 5731
RETURN RECEIPT REQUESTED
Robert Hesch
314 Loder Avenue
Wilmington, NC 28409
Subject Property: 414 Loder Avenue
New Hanover County
REQUEST FOR MORE INFORMATION
Dear Mr. Hesch:
On April 2, 2007, the Division of Water Quality (DWQ) received your LAMA application dated April 2,
2007 to expand an existing dock as proposed in your application. 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:
Ed Jackson of the Shellfish Sanitation and Recreational Water Quality Section sent out a memo that your
proposed project would close shellfishing waters. This would be considered a degradation of waters,
which would. result in violations of Water Quality Standards
15A NCAC 02B .0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water
quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be
evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a water
quality certification pursuant to these procedures shall not be considered to remove existing uses. The
evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or
stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506©(1)-(5) in
determining the potential impact of the proposed activity on the existing uses of the wetland per I SA
NCAC 2H .0231.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Page Two
Robert Hesch
DWQ Project # 07 0578
May 2, 2007
15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA
WATERS
(1) Best usage of waters. Aquatic life propagation and maintenance of biological integrity (including
fishing and functioning PNAs), wildlife, secondary recreation, and any other usage except
primary recreation or shellfishing for marketing purposes.
(2) Conditions Related to Best Usage. The 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 ashort-term or long-term basis shall be considered to be violating
a water quality standard.
You can either revise the application so that no closure would be required or withdraw your application.
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,
Joanne Steenhuis
Senior Environmental Specialist
cc: Jeff Terry -Above Par Marine
Dave Timpy - USACE Wilmington Regulatory Field Office
Robb Mairs -DCM Wilmington Office
Doug Huggett -DCM Morehead Office
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