20130500 Ver 1_Application Returned_20130517

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
May 17, 2013
DWQ Project # 13 -0500
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7012 2210 0002 4887 0215
U.S. Army Corps of Engineers
Elden Gatwood, Chief
69 Darlington Avenue
Wilmington, NC 28403
Subject Property: Manteo, Old House Channel, NC Section 204 Beneficial Use of Dredged
Material Project
Pamlico Sound [PAS55, 30 -22; SA; HQW]
RETURN OF APPLICATION
Dear Chief Gatwood:
On May 10, 2013, the Division of Water Quality (DWQ) received your application dated April 22, 2013
to impact 18 acres of waters for the propose of constructing oyster reef habitat utilizing dredged
material from Old House Channel. The DWQ has determined that your application is not consistent
with 15A NCAC 01C .0107, therefore this Office cannot process your 401 application until a final
decision is made by the State Clearing House for the Environmental Assessment (EA) on the subject
project. The DWQ will require a final decision for the EA in order to process your application;
therefore, we are returning your application. If you want to proceed with the proposed impact, you will
need to reapply for the 401 Certification.
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.
North Carolina Division of Water Quality Internet: www.ncwaterqualitL
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
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Please call Anthony Scarbraugh of the Washington Regional Office at 252 - 948 -3924 or Karen
Higgins of the DWQ Central Office at 919 - 807 -6360 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
Sincerely,
For Charles Wakild, P.E.
cc: Raleigh Bland, USACE Washington Regulatory Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead City
DCM, Frank Jennings, Elizabeth City
File Copy
Philip Payonk, U.S. Army Corps of Engineers, Wilmington District
Filename: 130500_USACE Manteo Old House—Application Retrun_NeedFonsi