20021587 Ver 2_More Info Letter_20080228

O??F W ATF9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
'.I
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
February 28, 2008
DWQ Project # 02-1587 Ver. 2
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7007 3020 0001 8861 6779
Whittaker Point Properties
Mr. Henry Frazer
Post Office Box 88
Oriental, NC 28511
Subject Property: Whittaker Point Marina Breakwater Project
Whittaker Creek, Neuse River Basin
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Frazer:
On January 17, 2008, the Division of Water Quality (DWQ) received your application dated
December 11, 2007, to impact a Primary Nursery Area (PNA) for the proposed construction of a
272-foot breakwater. 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 wetland, streams and/or
buffers 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 2B .0233(8) 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
Please be advised that in accordance with 15A NCAC 02B .0221 (2) "Any source of water
pollution which precludes any of these uses, including their functioning as PNA's on either
a short-term of a long term basis shall be considered to be violating a water quality
standard". Therefore, this Office request the applicant provide justification for the proposed
breakwater located in a Primary Nursery Area, specifically; demonstrate how avoidance
and minimization will be achieved in:
(i) Avoiding changes in water current and circulation patterns which would interfere
with the movement of aquatic animals.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolliina
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Whittaker Point Properties
Page 2 of 2
February 28, 2008
(ii) Preventing or avoiding creating habitat conducive to the development of undesirable
predators or species, which would have a competitive edge ecologically over
indigenous aquatic animals.
(iii) Avoiding site having unique habitat or other value (PNA).
(iv) Avoiding the destruction of remnant natural sites within areas already affected by
development.
If sufficient justification of impacts cannot be provided and the applicant dose not
demonstrate that proposed breakwater, located in a PNA, will not be a violation of water
quality standards then this Office denies the subject application.
Please respond in writing to the DWQ within four weeks of the date of this letter to with the
requested information. If we do not hear from you within four 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 Roberto Scheller of the Washington
Regional Office at 252-948-3940 or Ian McMillan of the DWQ Central Office at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
For
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
Central Files
CAMA: Brad Connell/Morehead
CAMA: Doug Hugget/Morehead
Filename: 02-1587 Ver.2