20071938 Ver 1_More Info Letter_20080407

~OF W ATF9Q Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~ ~
~ :°- ~^_ ~ .~ Coleen H. Sullins, Director
µ; - -- Division of Water Quality
-~> Chuck Wakild, P.E., Deputy Director
Division of Water Quality
Apri17, 2008
DWQ Project # 07-1938
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. # 7007 3020 0001 8861 7219
Mr. Chris Fulcher
Post Office Box 250
Oriental, NC 28570
Subject Property: Gideon Creek Marina Project, 4146 Orchard Creek Road
REQUEST FOR MORE INFORMATION
Dear Mr. Fulcher:
On November 12, 2007, the Division of Water Quality (DWQ) received your application dated
September 4, 2007 to impact 372 square feet of wetlands, 36,457 square feet (ft2) of public trust
waters, and 300 square feet of protected riparian buffers to construct the proposed marina. The
DWQ has determined that your application was still incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact waters of the state on the subject property. Therefore, unless
we receive the additional information requested below, we have to move toward denial of your
application as required by 15A NCAC 2H .0506 and this project will remain 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. Gideon Creek is classified as SA, HQW, and NSW waters in the Neuse River Basin. The
subject area of the proposed marina is also classified, as a Primary Nursery Area (PNA)
and Submerged Aquatic Vegetation (SAV} and SAV habitat are also present. In
accordance with 15A NCAC 2B .0201 Antidegradation Policy "a project which shall
affect these waters shall not be permitted unless existing uses are protected." Therefore,
it is required that the applicant demonstrates how the proposed marina will protect
existing use of the subject waters.
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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
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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.
Since ely,
~-
Roberto L. Scheller
Senior Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
Central Files
CAMA: Doug Hugget/Morehead
Filenan~e: 07-1938