20080708 Ver 1_More Info Letter_20080530

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May 30, 2008
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-0708
Brunswick County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. # 7007-0220-0000-8225-0854
Oak Island Property Holdings, LLC
Mr. Ronnie McNeil
2443 South 41St Street
Wilmington NC 28409
Subject Property: Oak Island Resort
REQUEST FOR MORE INFORMATION
Dear Mr. McNeil:
On April 16, 2008, the Division of Water Quality (DWQ) received your application to impact
approximately 20180 square feet (0.46 acres) of non-vegetated wetlands (open water), 0.103 acres of
404 wetlands, and 0.024 acres of coastal wetlands to construct five condominium buildings with
associated amenities, and upland marina basin, dry stack storage, and a transient dock with a fueling
facility and a wastewater pumpout station. 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 waters
on the subject property. Therefore unless we receive five copies of the additional information requested
below at the DWQ central office, we will have to recommend moving towards 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. The proposed upland basin is partially located within the U.S. Army Corps of Engineers
(USACE) ROW for the AIWW. You should contact the USACE to determine whether or not the
upland basin plan will need to be redesigned.
2. The floating dock is currently proposed to be installed parallel to the existing shoreline of the
AIWW in waters designated as SA by the DWQ and are designated as a Primary Nursery Area
(PNA) by the N.C. Division of Marine Fisheries. As proposed, a fueling facility and a
wastewater pump out station will be installed on the floating dock. The DWQ has serious
concerns with locating these facilities on the floating dock and recommends relocating them to
high ground. In addition, the water levels in this area range from 0' normal low water to -3'
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper all
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Oak Island Property Holdings, LLC
Brunswick County
2008-0708
normal low water. By locating vessels in this area, especially during extreme low tides, there is a
high possibility that water quality standards for SA waters will be violated per 15A NCAC 02B
.0220 (1) & 15A NCAC 02B .0221. The DWQ recommends that the floating dock be eliminated
from the proposal. It is our understanding that the N.C. Wildlife Resources Commission and the
USACE have made these recommendations as well.
3. 15A NCAC 7H.0208 (b) (1) (A) states, "Navigation channels and canals may be allowed
through narrow fringes of regularly and irregularly flooded coastal wetlands if the loss of
wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent
wetlands, and, if there is no reasonable alternative that would avoid the wetland losses." The
project as proposed shows dredging that would result in the removal of coastal wetlands.
Demonstrate that there is no reasonable alternative that would avoid the loss of coastal wetlands.
Please respond within 30 days of the date of this letter by sending this information to me in writing and
five copies to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. If we
do not hear from you within 30 days, 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 me at 910-796-7215 or Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
U 9e,?
Chad Coburn
Senior Environmental Specialist
cc: Doug Huggett - DCM Morehead City
Rich Weaver - DCM Morehead City
Heather Coats - DCM Wilmington
Ed Jackson - Shellfish Sanitation, Wilmington
Fritz Rhode - Marine Fisheries, Wilmington
Molly Ellwood - Wildlife Resources, Wilmington
Dave Timpy - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Central Files
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