HomeMy WebLinkAbout20021587 Ver 2_More Info Letter_20080602W A rF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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? Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
June 2, 2008
DWQ Project # 02-1587 Ver. 2
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7007 3020 0001 8861 5031
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
INSUFFICENT INFORMATION 3ND 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. A request for additional information was issued from this Office on
February 28, 2008 and April 15, 2006, your second response was received on May 20, 2008.
Your response did not address the items in the Additional Information Requested. Please note
that your response must specifically address the impacts of the proposed structure to be
constructed at the proposed site. Items (i) through (iv) must be addressed in relations to the
proposed structure located at the mouth of Whittaker Creek and the impacts this structure will
have on the subject waters. It is also necessary to demonstrate avoidance and minimization of
impacts, not only in the items noted above, but also in construction, design, and placement of the
proposed structure. Therefore, 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 ?7One
Washington, NC 27889 FAX 252-946-9215 1 V o hCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
Whittaker Point Properties
Page 2 of 2
June 2, 2008
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.
(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.
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,
I-
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Roberto L. Scheller
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
CAMA: Brad Connell/Morehead
CAMA: Doug Hugget/Morehead
File Copy
Central Files
Filename: 02-1587 Ver.2