20072182 Ver 1_More Info Received_20080604

FW: Hubquarter Landing Permit DWQ project number 07-2182.
Subject: FW: Hubquarter Landing Permit DWQ project number 07-2182.
From: "Kristen Shacochis" <[e-mail]>
Date: Wed, 4 Jun 2008 11:50:10 -0400
To: <[e-mail]>, "Alsmeyer, Eric C SAW"
<[e-mail]. army.mil>
CC: "David Williams" <[e-mail]>, "Eddie Durant" <[e-mail]>
Ian:
As you are aware, we received DWQ's letter yesterday informing us that the application for
Hubquarter Landing has been returned due to insufficient information in the application. My client
has taken this letter seriously and believes it constitutes a "stop work order" on construction within
waters of Lake Gaston. Therefore, your timely attention to this matter is greatly appreciated.
Previously, DWQ sent a letter in reference to this project, dated December 20, 2007, requesting the
following information in order to continue processing the application. We have written in bold
DWQ's request (verbatim from the letter) and our response in italics.
1) Application fee: Please note that the N.C. General Assembly approved an increase for
application fees for all regulatory programs administered by DWQ, effective July 1,
2007. The fee for applications is now $240 for projects impacting less than an acre of
wetland and less than 150 linear feet of streams (whether intermittent or perennial). For
projects impacting one or more acres of wetland or 150 linear feet of streams (whether
intermittent or perennial), the fee is $570.
The Hubquarter Landing Project does not involve impacts to streams or wetlands. It does
involve placing timber pilings within the surface waters of Lake Gaston. There is no dredging
or filling activities proposed nor authorized by the Corps.
2) The 401 Certification cannot be processed until a copy of the Corps of Engineers Public
Notice for this project is received at the DWQ Central Office in Raleigh. No action is
required on your part. The Corps of Engineers will forward the public Notice to this
Office when it is published.
A copy of the public notice is attached. The public notice indicates that no 404 activities are to
be authorized. All work will be authorized under Section 10 of the Rivers and Harbors Act of
1899.
3) DWQ requires five (5) complete application sets to begin the review and approval
process. Please submit three (3) more sets.
A copy of the DWQ December 20, 2007 letter is attached to this e-mail acknowledging in the
opening paragraph the receipt of five (S) sets of the permit application. It appears from this
letter that we had sent 5 sets. Let me know if you still need any more copies.
In addition, we have attached a copy of the Corps Individual Permit. The DWQ letter, dated
1 of 3 6/4/2008 11:06 AM
FW: Hubquarter Landing Permit DWQ project number 07-2182.
December 20, 2007 indicated that an Individual 404 Permit will be required for this project. This is
not the case as the Corps issued an Individual Permit authorized pursuant to Section 10 of the Rivers
and Harbors Act of 1899 not Section 404 of the Clean Water Act.
Again, the Corps only authorized activities relating to construction of pier structures. Hubquarter
Landing project does not involve any dredging, filling of any wetland, installation of culverts in
streams, mechanized clearing of wetlands, discharges other than stormwater, or water withdrawals.
There will be no fueling stations, bathrooms, etc associated with the piers.
I have also provided a copy of the wetland delineation as submitted to the Corps. The wetland
delineation exhibit depicts all wetlands (regardless of jurisdiction) on the subject property.
No wetlands on the property were found to be "isolated". All wetlands and vegetated shallows were
avoided.
Let me know if you have any questions regarding this matter and we look forward to hearing from you
soon.
Kristen Shacochis-Brown, P.W.S.
Senior Environmental Scientist
Kerr Environmental Services Corp.
1008 Old Virginia Beach Road, Suite 200
Virginia Beach, VA 23451
Phone: [phone] Fax: [phone]
Email: [e-mail]
'Kerr Environmental Services is a Certified Small Business'
Kerr E.nvironmcntal
Services Corp.
'?' SusteuwOJS EcoJOqKat Realaatxtn
and Em murvnental ConauRiov
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