20201996 Ver 2_More Info Requested_20240307

DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 7, 2024
DWR # 20201996 v2
Pender County
Rocky Point Properties LLC
Attn: Mr. Mark Maynard Jr
10 S Cardinal Dr
Wilmington NC 28403
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Falls Mist Residential Development
USACE SAW-2024-00143
Dear Mr. Maynard:
On February 5, 2024, the Division of Water Resources (Division) received your application
requesting a 401 Individual Water Quality Certification from the Division for the subject project.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. Appendix A identifies Falls Mist project limits and the Falls Mist Garden project limits.
However further documents provided appear to only include the Falls Mist project. Impacts
proposed at S2 and W8 appear to be solely for the purpose of access to Falls Mist Garden
project area, therefore all proposed impacts within the Falls Mist Garden should be shown
and accounted for in this application.
2. The application states that reducing the number of lots for Onsite Alternative 3 would
underachieve the Applicant's objective. The application states that the purpose for the
project is residential development. The reduction of 25 lots from the 563 proposed appears
to still meet the purpose and need of the project as stated and "underachieving the
applicant's objective" is insufficient justification. Please provide further minimization to
jurisdictional features on the property or provide a sufficient justification for the impacts
noted in Onsite Alternative 3.
3. Plan sheets 2 and 3 both reference stream impacts S1, however, these appear to be
different locations. Please clarify or revise the plans accordingly.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: 7AB4E3D8-B5D4-4B73-8937-98E05F14D99B
Falls Mist Residential Development
DWR# 20201996 v2
Request for Additional Information
Page 2of2
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information by submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be denied as
incomplete. The denial of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Sue Homewood at 336-813-1863 or Sue. [e-mail] if you have
any questions or concerns.
Sincerely,
ESDocuSigned by:
ft p�G 1 ass
980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Dana Lutheran, SEGI Inc
Gary Beecher, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 20201996v2 Falls Mist SD - Pender - Addinfo.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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