20071445 Ver 1_More Info Letter_20071019

O~pF W A TF,9OG Michael F Easley, Governor
~ P William G. Ross .Ir., Secretary
t-- North Carolina Department of Environment and Natural Resources
~_ ~
t~ `~ Colleen Sullins, Director
Division of Water Quality
October 19, 2007
DWQ Project # 07 1445
New Hanover County
CERTIFIED MAIL: 7006 0810 0004 4475 2536
RETURN RECEIPT REQUESTED
Town of Carolina Beach
1121 North Lake Park Boulevard
Carolina Beach, NC 28428
Subject Property: Wilmington Beach Street Improvements Project
New Hanover County
REQUEST FOR MORE INFORMATION
Dear Sir or Madam,
On September 7, 2007, the Division of Water Quality (DWQ) received the Public Notice issued
by the U.S. Army Corps of Engineers to fill or otherwise impact 1.452 acres of 404 Wetlands
and 3,247 linear feet of stream to construct the proposed paved road access to single-family lots.
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 five copies of the additional information requested below at the
DWQ central office, we will have to recommend moving towards 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.
Additional Information Requested:
1. Stormwater Management Plan
Projects that have or are anticipated to have impervious cover greater than 30 percent are required
to develop, submit for DWQ approval, and implement a Stormwater Management Plan. The
stormwater management plan must include construction plans, specifications, Stormwater Best
Management Practices (BMP's), worksheets, and supporting calculations. The Stormwater best
management practices are required to be appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. The facilities must be designed to treat the
runoff from the entire project, not just the proposed road improvements.
2. Mitigation
The proposed project states that +/- 40 acres of land that is predominantly tidal marsh will be
preserved as mitigation to offset the wetland impacts. This type of mitigation is not
appropriate and is not consistent with 15A NCAC 07M .0700. To reiterate the letters from
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-87723-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarollna
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Wilmington Beach Street Improvements Project
New Hanover County
the Wildlife Resources Commission and the Division of Coastal Management, (August 27,
2007, and from October 3, 2007 respectively) it is not appropriate to preserve tidal marsh as
mitigation for 404 impacts. A copy of an approved mitigation plan is required before an
approved 401 Water Quality Certification can be issued. This plan should include but not be
limited to a monitoring plan for the mitigation area and a draft preservation document with
associated maps for the entire project site.
3. Wetland Impacts
The project plans reveal the presence of many lots containing or made up entirely of wetlands.
The proposed impacts do not take into account the impacts that will occur in the platted lots. In
the above-mentioned letters from the Wildlife Resources Commission and the Division of
Coastal Management, it is noted that twenty-three of these platted lots (approximately 2.64
acres) are comprised of at least 90% (most are 100%) wetlands. Impacts in these lots need to be
taken into account when totaling the wetland impacts for this project. Recalculate the proposed
wetland impacts for this project and submit revised plan sheets and a revised wetland impact
table.
Respond within 30 calendar days of the date of this letter by sending this information to me in
writing and 5 copies to Ian McMillan of the DWQ 401 Oversight and Express Office at 1650
Mail Service Center, Raleigh, NC 27699-1650. If we do not receive the above requested
information within 30 calendar days of the date of this letter, 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 DWQ. Please call me at 910-796-7215 or
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,
C~ ~~
Chad Coburn
Senior Environmental Specialist
cc: Jennifer Frye - USACE Wilmington Field Office
Ian McMillan -DWQ 401 Oversight and Express Unit
Nicole J. Thompson - S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Central Files/WiRO