20071560 Ver 1_Emails_20080129

DWQ 20071560 approval of 401 Water Quality Certification with A...
Subject: DWQ 20071560 approval of 401 Water Quality Certification with Additional Conditions
From: "Kristen Shacochis" <[e-mail]>
Date: Tue, 29 Jan 2008 11:39:53 -0500
To: <[e-mail]>
CC: <[e-mail]>, <[e-mail]>, "Eddie Durant"
<edurant@kerrenv. com>
Ian,
Lauren Witherspoon is the project manager for this one, however, I have been trying to get a hold of
her for about a month now and we just seem to be missing each other. I copied her on this e-mail just
to keep her in the loop, and I hope she is doing o.k. Also, I sent her two e-mail messages, but have
received messages that identify these a-mails as "undeliverable" so I am not sure she has actually
received those messages. I would still love to hear from her since she was so involved with the project
during the application phase, however, time is just getting short to address this situation before a TOY
restriction will be in effect. We need clarification from NCDWQ .....
I am working on a project known as Eaton's Crossing which is located on Lake Gaston in Warren
County in the vicinity of Littleton, North Carolina. NCDWQ has provided a 401 certification (DWQ
20071560) for the proposed work (i.e. construction of piers and boathouses and resurfacing of an
existing boat ramp) within Lake Gaston. NCDWQ has implemented one of the Special Conditions to
include a Time-of-Year (TOY) restriction from March 1 st to June 30th in which no work can occur
within Lake Gaston. Dominion will have a TOY as part of their Construction and Use Agreement
that within the same timeframe, however, Dominion's TOY will restrict only shoreline stabilization,
construction of boat ramps, and dredging activities in Lake Gaston. Dominion allows construction of
timber pier structures (boathouses and piers) to continue during this TOY.
I understand that Lake Gaston's TOY restriction is to protect fish resources during their spawning
periods. However, I am not sure why NCDWQ has implemented a stricter TOY than Dominion's.
The NCWRC has commented on this project during an EA process. Their recommendations did not
include a stricter TOY restriction nor did they indicate that the project area included any unique
quality such as fish nursery area or spawning area that may implement stricter guidelines than another
general use area on Lake Gaston.
Eaton's Crossing is about to begin construction within days and March is soon upon us. Therefore, I
am trying to keep my client as well as general contractors aware of the permit conditions and if the
project is under stricter standards, they definitely need to know now. Here are our concerns in
summary:
1) Eaton's Crossing plans to begin construction within a couple days. This will allow for less
than one month of construction within Lake Gaston before the TOY restriction will be in
effect. A strict interpretation of the TOY will prohibit construction activities in Lake Gaston
again until July 1 st
2) Construction activities in Lake Gaston would cease and materials 1) would be left on the site
or 2) would need to be transported elsewhere to work on another job in the meantime. Either
case is extremely expensive to the developer with very little benefit to natural resources.
3) To restrict pier construction until July 1st will delay when most houses will sell. The market
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DWQ 20071560 approval of 401 Water Quality Certification with A...
on Lake Gaston is for waterfront property with direct access to Lake Gaston. Most people
begin looking at property in the spring, not the fall and are attracted to properties that have
pieriboathouse structures in place. Therefore, restricting pier construction until the fall, most
potential homebuyers will not look at Eaton's Crossing until the following spring. Any delay
in construction of piers and homes could be a major financial hardship for the investors at
Eaton's Crossing. The construction of the piers and boathouses is essential to overall
marketability of the Eaton's Crossing development.
4) Finally, Dominion's Construction and Use Permit is only active for only one year and
authorizes all work within Lake Gaston and on Dominion's Lands. Therefore, the TOY would
restrict construction authorized in the Dominion permit to only 8 of the 12 months.
5) In coordinating with Dominion, we are unaware of any other properties on Lake Gaston in
which a landowner is unable to construct pieriboathouse structures during this TOY.
In short, implementing a stricter TOY restriction will cause an unforeseeable and most likely
unnecessary hardship to Eaton's Crossing, especially if other adjacent property owners are still able to
construct their pier structures during this TOY. Our goal here is compliance with all obtained permits
but consistency with other projects.
Please keep me updated on the situation from NCDWQ's point-of-view so I can inform my client of
this matter. I appreciate your assistance and look forward to hearing from you.
Kristen Shacochis-Brown, P.W.S.
Senior Environmental Scientist
Kerr Environmental Sell-vices 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'
Kcrr Environmental
Ser%icCs Corp.
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