20021159 Ver 2_More Info Letter_20070329

~oF W a rF9 p Michael F Easley, Governor
~~ G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
.~
d .C Alan W. Klimek, P.E. Director
Division of Water Quality
March 29, 2007
DWQ Project # 021159 ver 2
Pender County
CERTIFIED MAIL: 7005 0390 0001 3200 5656
RETURN RECEIPT REQUESTED
TP, Inc.
c/o Ron Bryant
PO Box 2658
Surf city, NC 28445
Subject Property: Oceanaire Subdivision
REQUEST FOR MORE INFORMATION
Dear Mr. Bryant:
On February 23, 2007, the Division of Water Quality (DWQ) received your after-the-fact application
dated February 21, 2007 to fill an additiona10.325 acres of wetlands to complete construction of the
subdivision. 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. The total impact for this project wi110.636 ac of wetlands, which would elevate the permit to an
Individual Permit (1P). As an IP, the project will be put out for public comment and other
commenting agencies and may be denied. By reviewing your project and reducing the impacts to
under 0.5 ac the project can be reviewed under a Nationwide application. To be assured, if you
want to apply for an IP that is your prerogative.
2. In the original 401 permit conservation of a large portion of wetlands was proposed as mitigation
for the impacts. Under the violation, it was noted that impacts had occurred in the areas proposed
for conservation. In order to mitigate for these additional impacts, additional wetlands need to be
placed in the revised conservation easement. There are two adjacent lots to the conservation area,
Lots 9 & 12 if the impacts to these wetlands are avoided and placed into the adjoining conservation
you may recuperate some of the additional losses that took place in the previously proposed
conservation easement.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~aturallr~

Page Two
TP, Inc.
c/o Ron Bryant
DWQ Project # 021159 ver 2
March 29, 2007
3) Please provide a notarized copy of the draft deed notification, covenants, preservation and
restrictions 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 the draft language that
will accomplish preservation. There is draft language for preservation on the Corps of Engineers
website that you can reference and the draft also needs to be site specific.
4) Cross sections of wetland fills adjacent to wetlands needs to be included in the application to show
how the fill slopes or retaining walls will prevent additional fill in wetland areas.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and 5 copies to Cyndi Karoly of the DWQ 401 Oversight and Express Unit at 1650 Mail Service Center,
Raleigh, NC 27600-1650. 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.
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 DVVQ. Please call me at 910-797-7215 or Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
,~
--- %Crl~~ ~'
/Joanne Steenhuis
Environmental Specialist III
cc: Adrian Moon -Walton Engineering
Millhn ~`<~WQ 4Q<1 Wight end Express Unit, Raleigh
Thomas Farrell - USACE Wilmington Regulatory Field Office
Becky Fox -EPA
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