20070997 Ver 1_More Info Letter_20070703

o~oF w a rF9QG Michael F. Easley, Governor
~ William G. Ross.lr., Secretary
{~- North Carolina Department of Environment and Natural Resources
~ ~
p ,~~ .,~ Coleen H. Sullins, Director
_~` ~ Division of Water Quality
July 3, 2007
DWQ Project # 07 0997
Pender County
CERTIFIED MAIL: 7006 0810 0004 4480 9230
RETURN RECEIPT REQUESTED
Kenny Eason
Legend Builders
400 Carl Street, Suite 202
Wilmington, NC 28403
Subject Property: REQUEST FOR MORE INFORMATION
Hoover Road Subdivision
Dear Mr. Eason:
On June 7, 2007, the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO)
received your 401 application dated May 22, 2007 for the construction of a subdivision off Hoover Road.
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) Impact Justification (Avoidance and Minimization)
In accordance with 15A NCAC 02H .0506(c)(1)(f), clack of practical alternatives may be shown
by demonstrating that, considering the potential for a reduction in 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 impact to surface waters or
wetlands. DWQ has determined that you have not demonstrated that there is no practical
alternative to filling 0.476 acre of wetlands for the purpose of constructing an access road into the
proposed subdivision. Furthermore, it appears that an economically feasible project could be built
at the proposed location with less wetland impacts. An access road could be placed closer to the
Quinn property and impact less wetlands.
Please re-evaluate the proposed site plan for the project and submit additional reasonable alternatives
for consideration. Remember to account for all permanent and temporary impacts associated with
utilities.
N~ c hCarolina
~tura!!y
North Carolina Division of Wa[er Quality 1617 Mail Service Center Raleigh, NC 27699-1 G17 Phone [phone] Customer Service
Internet: www_ncwalerguali~.o~g Location: 512 N. Salisbury St Raleigh, NC 27604 Fax [phone] I-877-623-6748
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Page Two
Kenny Eason
Legend Builders
DWQ Project # 07-0997
July 3, 2007
2) Mitigation
You will be required to place a deed notification/deed restriction on the remaining wetlands on the
project. Please provide a notarized copy of the draft deed notification/restriction, covenants,
preservation (if required by the Corps) language 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 a notarized copy of the draft language that will accomplish preservation.
Example language for the deed notification is available on our website
http:/1h2o.enr.state.nc.us/ncwetlands/certs.html.
3) Plans
Could you please provide a larger plan (at least 11X17) and show the limits of the wetland impacts
by shading them. In addition you will need a profile view of the crossing to show the culverts that
will maintain connectivity between the wetland. You will also need a profile to show the proposed
side slopes of the fill or retaining wall that will keep the fill stable.
Please respond within three weeks of the date of this letter by sending this information to me in writing and
5 copies of the information to Ian McMillian of the DWQ Oversight Unit Office. You will also need to
send copies of the language to Brad Shaver of the Wilmington Corps of Engineers. 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 DWQ. Please call Ian McMillian at 919-715-4631 or me at 910-796-7215 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Y~
--- -_ --~
Joanne ~teennuis
Senior Environmental Specialist
cc: Christopher W. Hay - Trigon Engineering and Consultants, Inc.
Ian McMillian - 401 Oversight/Express Review Permitting Unit
Brad Shaver- USACE Wilmington
Stephen Rynas - CAMA Morehead
Becky Fox -EPA
Central Files
WiRO