20052253 Ver 2_More Info Letter_20070730

~ ~~~~ W ~ ~~~Q~i Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~' -~
0 .,r Coleen H. Sullins, Director
Division o1~ Water Quality
July 30, 2007
DWQ Project # OS 2253 ver 2
Onslow County
CERTIFIED MAIL: 7006 2760 0003 3529 1731
RETURN RECEIPT REQUESTED
John Koenig
6432 Yadkin Road
Fayetteville, NC 28303
Subject Property: Kensington Park Section II
REQUEST FOR MORE INFORMATION
Dear Mr. Koenig:
On July 5, 2007, the Division of Water Quality (DWQ) Wilmington regional Office (WiRO) received your
application dated June 21, 2007 to fill approximately 0.11 acres of wetlands and 106 linear feet of stream
for two road crossings. 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:
1. Compliance with previously issued certification.
As a permit condition of the Kensington Park Section I, you were required to place deed notifications
or similar mechanisms on all lots with remaining jurisdictional wetlands or areas within 50 feet of all
streams and ponds. (see condition #16 on WQC # 3402 sent with the certification letter). Neither
this Office nor the Central Office has received a copy of the recorded deed restrictions and therefore
you are in non-compliance for the previously issued Certification. This Office will need a copy of
the recorded deed restrictions for Section I prior to continuing to process this application.
2. Impact Justification (Avoidance and Minimization)
It appears that impacts associated with the crossing can be minimized by moving the alignment of the
crossing #1 and therefore reducing the wetland impact and length of stream impact proposed to be
permanently impacted for the road crossing. Please revise the narrative and plans accordingly.
One
No hCarohna
~atura!!y
North Carolina Division of Water Quality 1617 Mail Service Cen[er Raleigh, NC 27699-1617 Phonc [phone] Customer Sen-ice
Internet wq~w,ncwatergualit~org Locations 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone] I-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Pos( Consumer Paper

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Page Two
John Koenig
DWQ Project # OS 2253 ver 2
July 30, 2007
3. Project Plans
The overall site plan was too busy to see the necessary details to adequately to review the project.
Please send a simplified drawing as was requested by the Corps of Engineers in their letter dated July
11, 2007.
4. Stub Out Road
According to the cover letter sent with the application, the City of Jacksonville is requiring a stub out
road (Woodbury Place). Please provide some documentation that the City is requiring this approach.
This request was also mentioned in the Corps letter, please copy DWQ with the same information
requested by the Corps.
5. Mitigation
You will be required to place a deed notificationJdeed restriction on the remaining wetlands on the
project. Please provide a notarized copy of the draft deed notification/restriction, covenants,
preservation (if required by the Corps) language that, at a minimum, notify future lot owners that
there are wetlands on the property, which are protected by the NC Division of Water Quality and the US
Army Corps of Engineers. If you plan on preserving the remaining wetlands on the tract, please provide
a notarized copy of the draft language that will accomplish preservation. Example language for the
deed notification is available on our website http://h2o.enr.state.nc.us/ncwetlands/certs.html.
4. NPDES General Stormwater Permit No. NCGO10000 Monitoring Requirements
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance with
permit conditions including the sedimentation control plan, self-monitoring, record keeping and
reporting requirements are required. A copy of this permit and monitoring report forms may be
found at http://h2o.enr-.sta~e.~zc.us/su/Forms Doct~n~aents.htna.
Please respond within three weeks of the date of this letter by sending this information to me in writing and
5 copies to Ian McMillan of the DWQ 401 Oversight and Express Office at 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.

Page Three
John Koenig
DWQ Project # OS 2253 ver 2
July 30, 2007
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 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
~~
~~-- ,~,
`-_._. ~'6~ '~'~'
~~
Joanne Steenhuis
Senior Environmental Specialist
cc: Krissina B. Newcomb -Hal Owen and Associates, Inc.
Ian McMillan -DWQ 401 Oversight and Express Unit, Raleigh
Brad Shaver - USACE Wilmington Regulatory Field Office
Danny Smith -DWQ Wetlands and Stormwater Compliance and Assistance Unit
Becky Fox -EPA
Central Files
WiRO