20202013 Ver 1_NOV-2022-PC-0079 Response_20220408

DAVEY
Resource Group
April 8, 2022
TO: Mr. Tom Tharrington
NC Department of Environmental Quality
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Bridgewater Landing (aka Edens Lane); Pender County, NC
Response to NOV (NOV-2022-PC-0079)
DWR Project # 20202013
Dear Mr. Tharrington:
We received the Notice of Violation letter issued by your office for the above -referenced project
dated March 9, 2022. Please see below for a response to your comments.
1. Please explain how and why these impacts occurred.
RESPONSE: The developer mistakenly thought that Section 404/401 permits had been
obtained for the project. Additionally, an older version of the site plan was used to secure a
Sedimentation and Erosion Control Permit that included five stream/wetland crossings.
Contractors worked off this permit to begin site grading and installed the crossings that
were depicted on this plan.
2. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands) on the site. This documentation should
describe and quantify the impacts to those features.
RESPONSE: Please see the drawings included in the restoration plan (Figures 6-11 &
Appendix B) that depict all existing jurisdictional features and impacts.
3. Please submit the following documents for review and approval:
a. Permit application: If the impacts are proposed for permitting, then a complete
application for a 401 WQC is required by the NC DWR.
www.Imgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

RESPONSE: The developer submitted a PCN for three crossings on December 1,
2021. Because of the current NOV, the 401 WQC was denied on March 18, 2022.
The applicant will submit a new application once we receive confirmation from
NCDWR and the USACE that they agree with the proposed site plan and restoration
efforts.
b. Some of the impacts may not be allowed for permitting and require restoration.
Explain how you plan to restore the pattern, profile, and dimension of the impacted
stream and wetland features.
i. Please submit a Steam and Wetland Restoration Plan for review and
approval to this office.
RESPONSE: Please see attached restoration plan that describes how streams
and wetlands will be restored.
ii. A sediment removal plan should also be provided to address impacts to the
streams and wetlands that must be removed.
RESPONSE: Several layers of silt fence have been in place since the grading
began. Prior to performing restoration activities, the contractor will ensure
that silt fencing is secure. Additionally, rock check dams will be installed
downstream of the restoration work.
iii. It is also required that a monitoring plan be implemented to ensure success
after restoration is complete.
RESPONSE: The attached restoration plan includes proposed monitoring
events.
c. Please included in your response a detailed schedule with dates explaining when the
restoration will be accomplished; and, if you plan to seek a permit, when an
application will be submitted.
RESPONSE: Because the restoration will occur directly adjacent to the road
crossings, the applicant would like to perform the road work and restoration
concurrently. This work can occur as soon as the regulatory agencies authorize the
activities.
d. It is required that you contact the Division of Energy, Mineral, and Land Resources
and the US Army Corps of Engineers to ensure that your restoration efforts are in
compliance with the Sedimentation Pollution Control Act and Section 404 of the
Clean Water Act. You must also comply with any Local Government requirements
and regulations regarding the activity on the subject site.
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RESPONSE: The restoration plan is being sent to both the USACE and DEMLR.
e. Also, address the measures that will be used for temporary stabilization and
sediment control while this work is underway.
RESPONSE: Silt fence is already in place at these crossings. Prior to performing
restoration activities, the contractor will ensure that silt fencing is secure.
Additionally, rock check dams will be installed downstream of the restoration work.
We hope that our response adequately addresses your concerns. If you have any questions or would
like to discuss the restoration plan, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
4{L,
Kim Williams
Environmental Scientist
Encl.
Cc: Holley Snider, NCDWR ([e-mail])
Tom Charles, USACE ([e-mail])
Trentt James, DEMLR ([e-mail])
Travis Henley, Pender Co. ([e-mail])
D Logan ([e-mail])
Mary Catherine Logan ([e-mail])
Tim Clinkscales ([e-mail])
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