20141165 Ver 2_Application Returned_20150619

MC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor I Secretary
June 24, 2015
DWR # 14 -1165 Ver.2
Tyrrell County
CERTIFIED MAIL: 7014 0150 0000 7802 4911
RETURN RECEIPT REQUESTED
Phillip Carawan
Post Office Box 164
Columbia, NC 27925
Subject: RETURN OF APPLICATION
Albemarle Sound [PAS 50, 30; SB]
Dear Mr. Carawan:
On November 11, 2014, the Division of Water Resources (DWR) received your application for
proposed impacts to construct two rock jetties, expand and bulkhead an existing channel, and rip
rap the shoreline. The DWR determined that your application was incomplete and /or provided
inaccurate information in accordance with 15A NCAC 2H .0500. The subject project was placed on
Hold on November 18, 2014 and December 15, 2014 for additional information necessary to
process the application. General Certification (GC) #3900 (DWR Project # 14 -1165) was issued by
this Office on January 23, 2015.
This project has previously been reviewed in accordance with Section 401 of the Clean Water Act
and 15A NCAC 2H .0500 for avoidance and minimization of impacts. In accordance with your
General Certification, issued on January 23, 2015, your approval and conditions are final and
binding unless contested. The General Certification may be contested as provided in Articles 3 and
4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days of receipt of your
certification. Please note your 60 day commenting period has passed.
Pursuant to Title 15A NCAC 02H .0506(b) (1 -6), the Division of Water Resources is unable to
approve your application. For this reasons, your application is hereby returned as incomplete.
It is necessary to provide the following information to determine that existing uses are not
removed or degraded:
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square mall, Washington, NC 27889
Phone 252 - 9466481:1 FAX: [phone]nternet www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer

Phillip Carawan
DWR# 14 -1165 Ver. 2
Return of Application
Page 2 of 3
(1) the subject project has no practical alternative. The lack of practical alternatives may be
shown by demonstrating that, considering the potential for a reduction of size,
configuration or density of the proposed activity and all alternative designs the basic project
purpose cannot be practically accomplished in a manner which would avoid or result in less
adverse impacts to surface waters of wetlands.
(2) will minimize adverse impacts to the surface waters based on consideration of existing
topography, vegetation, fish and wildlife resources, and hydrological conditions in that
minimization of impacts may be demonstrated by showing that the surface waters or
wetlands are able to continue to support the existing uses after project completion, of that
the impacts are required due to: (1) The spatial and dimensional requirements of the
project; or (2) The location of any existing structural or natural features that may dictate the
placement or configuration of the proposed project: or (3) the purpose of the project and
how the purpose relates to placement, configuration or density.
(3) does not result in the degradation of groundwater or surface waters;
(4) does not result in cumulative impacts, based upon past or reasonably anticipated future
impacts, that cause or will cause a violation of downstream water quality standards;
(5) provides for protection of downstream water quality standards through the use of on -site
stormwater control measures; and
(6) provides for replacement of existing uses through mitigation as described at Subparagraph
(h) (1) of this Rule.
Once you have addressed the problems and /or inadequacies with your application as noted in 15A
NCAC .0506 02H .0506 (b) items 1. through 6. you will need to reapply a complete application
package.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for the
proposed activity described with in your CAMA Major Modification (Permit #38 -96) for any work
done within waters of the State and would be considered a violation of North Carolina General
Statutes and Administrative Code.
If you should have and questions on this matter please contact Roberto Scheller at 252- 948 -3940.
Sincerely,
David May
Regional Supervisor
Division of Water Resources

Phillip Carawan
DWR# 14 -1165 Ver. 2
Return of Application
Page 3 of 3
Attached: CAMA Application
Cc: Brian Rubino, P.G., Quible & Associates, P.C. email: (brubino @quible.com)
Raleigh Bland, ACE, Washington Field Office, (raleigh.bland @usace.army.mil
DWR WaRO 401 files
DWR 401 & Buffer Permitting Unit
Kevin Hart, CDM, WaRO
DCM, Major Permits Coordinator, Morehead City District Office