20050834 Ver 4_General Correspondence_20160408

Water Resources
ENVIRONMENTAL QUALITY
The Willows Development Corporation
Attn: Daniel Hilla
622 Timberlake Lane
Wilmington, NC 28411
Subject: REQUEST FOR ADDITIONAL INFORMATION
The Willows Subdivision
Dear Mr. Hilla:
PAT MCCRORY
Governor
Secretory
S. JAY ZIMMERMAN
Director
DWR # 05-0834 v4
Brunswick County
On April 15, 2015, the Division of Water Resources (Division) received your application dated
April 1, 2015, requesting a 401 Individual Water Quality Certification from the Division for the
subject project.
On July 28, 2015, the Division requested a copy of correspondence from the U.S. Army Corps of
Engineers (USACE) indicating which project alternative is selected as the least environmentally
damaging practical alternative (LEDPA). On April 7, 2016, we received correspondence from Kyle
Dahl with the USACE stating that the project is in non-compliance due to failure of the on-site
mitigation. Mr. Dahl further indicated that the non-compliance must be resolved prior to
proceeding with their review and determination of the LEDPA for the project. The Division
doesn't anticipate receiving a LEDPA prior to the one-year timeframe for processing the 401
application. Therefore, we recommend that the applicant send a letter to withdraw the project
and re -apply for the 401 Certification prior to April 14, 2016. In order to conserve resources, we
will retain the existing file materials so that an additional application fee is not necessary. Upon
receipt of your letter of withdraw and re-application, if any additional materials are provided,
they will be attached to the existing file on record for this project. If a letter of withdraw and re-
application is not received prior to April 14, 2016 (via email is acceptable), the Division will return
the application necessitating re-application that will require a new application 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.
State of North Carolina i Environmental Quality J Water Resources
1617 Mail service Center I Raleigh. North Carolina 27699-1617
919 807 6300

The Willows Development Corporation
DWR# 05-0834 V4
Request for Additional Information
Page 2 of 2
Please contact Chad Coburn at 910-793-7379 or [e-mail] or Jennifer Burdette
at 919-807-6364 or [e-mail] if you have any questions or concerns.
Sincerely,
f
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH/jab
cc: Dana Lutheran, Southern Environmental Group, Inc., 5315 South College Road, Ste E,
Wilmington, NC 28412
USACE, Wilmington Regulatory Field Office
DWR WiRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 050834v4TheWillowsSD(Brunswick)_401_IC_Hold3.docx