20061917 Ver 3_More Info Letter_20120217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakilid, P.E. Dee Freeman
Governor Director Secretary
February 17, 2012
DWQ Project # 06 -1917 V.3
Pasquotank County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 1150 0000 4205 6214
Pelican Pointe Association, Inc.
PO Box 702
Elizabeth City NC 27907
Subject Property: Pelican Pointe Village
Pasquotank River [PAS50 30- 3 -(12); SB]
REQUEST FOR MORE INFORMATION
Dear Pelican Pointe HOA:
On January 18, 2012, the Division of Water Quality (DWQ) Permitting Unit received your 401
application regarding your request for a permit proposing to construct 25 boat slips on the
subject property.
North Carolina water quality standards states that DO shall be "Not less than 5.0 mg /I,
except that swamp waters, poorly flushed tidally influenced streams or emboyment's, or
estuarine bottom waters may have lower values if caused by natural conditions"
By constructing 25 boat docks within the waters of the dead -end canal at the project
location, it is the position of DWQ that degradation of water quality standards as defined
by 15A NCAC 2B .0220 (3) (b) would occur and is therefore not an approvable project
under 15A NCAC 2H .0506 without documented proof that further degradation of water
quality standards would not occur from the proposed project.
Therefore, DWQ has determined that your application is incomplete and requests the
following additional information in order to process your application. Unless we receive the
additional information requested below, we will have to move toward denial of your
application per 15A NCAC 2H .0506 and will place this project on hold as incomplete until we
North Carolina Division of Water Quality Internet: www.newaterqualit> or9
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] North
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receive this additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Dissolved Oxygen (DO) Study
This Office requests a Dissolved Oxygen Study Plan be submitted to this office for approval in
order to characterize the existing water quality conditions and evaluate the potential impacts
from construction of 25 boat slips in this area. The DO Study Plan should include sample sites
within the existing system, at the mouth of the system within the basin area, and within the main
stem of Pasquotank River adjacent to the connection between the basin and the main stem.
This study should be conducted during the times of lowest anticipated DO, typically June -
September.
Response Required
Please respond in writing to the DWQ within 30 days of the
have received this letter and that you remain interested it
your project and will be providing the DWQ the requested
contact me in writing at the DWQ Washington Regional C
within 30 days, we will assume that you no longer want
consider the project as withdrawn.
date of this letter to verify that you
continuing to pursue permitting of
nformation at a later date. Please
ffice. If we do not hear from you
to pursue this project and we will
Please be aware that you have no authorization for this activity and any work done within
waters of the state would be a violation of North Carolina General Statutes and Administrative
Code. Please be advised, these violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation.. Please call Amy Adams of
the Washington Regional Office at 252 - 948- 3917or Ian Mcmillian of the DWQ Central Office at
919- 807 -6364 if you have any questions regarding or would like to set up a meeting to discuss this
matter.
cc: Ian Mcmillian, WBSCAP Unit, Archdale Building Raleigh NC
WaRO File Copy
Frank Jennings, District Manager, DCM, Elizabeth City Office
Doug Huggett, Major Permits Coordinator, DCM, Morehead City Office
Brian Rubino, Quible & Assoc. PO Drawer 870 Kitty Hawk NC 27949
Filename: 06- 19178V3_PelicanPointe_Hold /aa