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HomeMy WebLinkAbout20141159 Ver 2_More Info Letter_20160818Water Resources ENVIRONMENTAL QUALITY August 18, 2016 CERTIFIED MAIL: 7013-2630-0002-0760-8582 RETURN RECEIPT REQUESTED Mr. Rand Nickerson 317 Bradley Creek Point Road Wilmington, NC 28403 Subject: REQUEST FOR ADDITIONAL INFORMATION 317 Bradley Creek Point Road — Wilmington Dear Mr. Nickerson, PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 14-1159v2 New Hanover County On July 6, 2016, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification from the Division to excavate a new access channel and to construct a new, private, docking facility within Bradley Creek at the property listed above. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Please provide more details regarding avoidance and minimization of impacts for this project. [15A NCAC 02H .0506(f) and (g)] You have requested authorization to dredge 10,220 square feet of estuarine waters classified as Secondary Nursery Area (SNA) in order to create a new access channel within Bradley Creek. These impacts appear to be much larger than would be required for the identified vessel size (Form DCM MP -4) of 17-20 feet in length. Please revise the plans to avoid or minimize these impacts or provide additional information describing why they are needed. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 317 Bradley Creek Point Road DWR# 14-1159v2 Request for Additional Information Page 2 of 2 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. Please contact Chad Coburn at (910) 796-7379 or chad.coburn@ncdenr.gov if you have any questions or concerns. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources cc: Heather Coats — DCM WiRO Tyler Crumbley — USACE Wilmington Jennifer Burdette — DWR Central Office WiRO RECEIVED AM, 2 6 2015 DENR-LAND QUALITY STORMWATER PERMITTING