20071401 Ver 1_More Info Letter_20071205

OF W A TF9 Michael F. Easley, Governor
~
o
~ (~
~
i William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
? `1
~ ~ Colleen Sullins, Director
Division of Water Quality
December 5, 2007
DWQ Project # 07 1401
Brunswick County
CERTIFIED MAIL: 7006 2760 0003 3530 1805
RETURN RECEIPT REQUESTED
Midway/211, LLC ~-
Attn: Roger Henderson
6131 Oleander Drive Ste A
Wilmington, North Carolina 28401
Subject Property: Two Eleven Midway Commercial Center
Brunswick County
REQUEST FOR MORE INFORMATION
Dear Mr. Henderson:
On August 15, 2007, the NC Division of Water Quality (DWQ) received your application for an
Individual 401 Water Quality Certification dated August 10, 2007 for impacts associated with
the above referenced project. On August 16, 2007, DWQ requested additional information on
the project, which was received by DWQ on October 24, 2007. The revised Pre-Construction
Notification application (PCN) proposes to fill or otherwise impact 0.27 acres of 404 Wetland
and 438 linear feet of stream to construct the project. 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 a copy of the
additional information requested below at the DWQ central office and the Wilmington Regional
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:
During a site visit by myself on December 4, 2007, accompanied by Nicole A. Loft of
Environmental Services, Inc., it was determined that the 438 linear feet of stream impacts
proposed in Part VI (4) of the PCN are to a perennial stream and not an intermittent stream.
Revise Part VI (4) of the PCN to show this change.
2. Mitigation Plan - In accordance with 15A NCAC 2H .0500, mitigation maybe required by
the DWQ for projects involving greater than or equal to one acre of impacts to freshwater
wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. A
copy of the mitigation plan must be submitted to DWQ in order to consider the application
complete for processing.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal OpportunitylAff rmative Action Employer - 50% Recycledll0% Post Consumer Paper ~aturallZ~

z
Two Eleven Midway Commercial Center
2007-1401
Brunswick County
Respond within 30 calendar days of the date of this letter. 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,
Chad Coburn
Senior Environmental Specialist
cc: Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Matt Smith, Environmental Services, Inc., 1022 Grandiflora Drive, Suite 250,
Leland, NC 28451
Central Files
WiRO