20061275 Ver 1_More Info Letter_20060823

OF w A rF9 Michael F. Easley, Governor
`~~ Q(, William G. Ross Jr., Secretary
(!} Tom... North Carolina Department of Environment and Natural Resources
~ -i
© .~. Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2006
DWQ Project # 2006-1275
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Nags Head
Attn.: Seth Lawless
P.O. Box 99
Nags Head, NC 27959
Re: Town of Nags Head Beach Nourishment on Bodie Island, Dare County
DWQ #2006-1275; USACE Action ID. No. SAW 2006.40282 128
Dear Mr. Lawless:
Reference is made to your application materials for the referenced project dated July 24, 2006, along with
the Public Notice issued by the U.S. Army Corps of Engineers on August 8, 2006. I have subsequently
discussed your application with your consultant, Mr. Bill Forman with Coastal Science & Engineering.
Mr. Forman has confirmed that this project will require a CAMA Permit. Therefore, the application fee
that will paid to the Division of Coastal Management along with other materials. submitted with your
CAMA Permit application will supersede the need for an application fee to the Division of Water Quality.
Please note that the DCM Field Investigation Report to be provided to DWQ by DCM will be a formally
required aspect of your 401application.
Furthermore, this. project is currently under review by the State Clearinghouse. Please note that DWQ
cannot issue a 401 Certification until the project has received a Finding of No Significant Impact {FONSIJ
or Record of Decision (ROD) from the State Clearinghouse in accordance with NCAC 15A:01 C .0107.
(copied below). Therefore, this project shall remain on hold until the SEPA process. has. been completed.
We recommend that you notify us when the SEPA process is complete so we can re-activate the project..
SUBCHAPTER O1C -CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL
POLICY ACT,. SECTION .0101 -GENERAL PROVISIONS
15A NCAC O1C .0107 LIMITATION ON ACTIONS. DURING NCEPA PROCESS
(a) While work on an environmental. document is in progress, no DENR agency shall undertake in
the interim any action which might limit the choice among alternatives or otherwise prejudice the
ultimate decision on the issue. A permit approval or other action to approve land disturbing
activity or construction of part of the project or action,. other than those actions necessary for
gathering information needed to prepare the environmental. document, limits the choice among
alternatives and shall not be approved until the final environmental document for the action is
published in the Environmental Bulletin pursuant to O1 NCAC 25 .0212 and adopted by the.
DENR agency through the procedures established by the Department of Administration's Rules
for administering NC EPA and this Subchapter of the Department's rules.
(b) If a DENR agency is considering a proposed action for which an environmental document is
to be or is being prepared, the DENR agency shall promptly notify the initiating party that the
DENR agency cannot take final action until the environmental documentation is completed and
Nose Carolina
401 OversighUExpress Review Permitting Unit d -'utuCQ~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn:;_~h2o.c~~rstate.nc.uslnctivetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Town of Nags Head
Page 2 of 2
August 23, 2006
available for use as adecision-making tool. The notification shall be consistent with the statutory
and regulatory requirements of the DENR agency and may be in the form of a notification that
the application is incomplete.
(c) When a DENR agency decides that a proposed activity, for which state actions are pending or
have been taken, requires environmental documentation then the DENR agency shall promptly
notify all DENR action agencies of the decision. When statutory and regulatory requirements
prevent a DENR agency from suspending action, the DENR agency shall deny any action for
which it determines an environmental document is necessary but not yet available as a decision-
making tool.
History Note: Authority G.S. 113A-2; 113A-4; 113A-6; 113A-7; 143B-10;
Eff. April 1, 2003.
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 Ms. Cyndi Karoly or Mr. 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,
J
~+
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/cbk
cc: Raleigh Bland, U.S. Army Corps of Engineers,. Washington Regulatory Field Office
Al Hodge, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Bill Forman, Coastal Science and Engineering, P.O. Box 1643, Morehead City, NC, 28557
Filename:. 20061275NagsHead(Dare)HOLD